In August 2018, Iranian authorities issued a directive concerning special tribunals for cases of
economic corruption, which shortened the timeframes for appealing non-capital verdicts issued
by such tribunals, and made all non-capital verdicts unappealable.49 50 This legal change
undermines defendants' right to appeal a ruling by doing away with certain procedures, including
in-person trial sessions for appeals proceedings as under Article 450 of the CCP. Appeals can
now be undertaken without a hearing, in the absence of the convict and of his or her lawyer. In
2019, reported cases have shown that individuals have been adjudicated without trial sessions on
the basis of this governmental directive for which the court of first instance’s verdict has been
upheld.515253 Reports also indicated that defendants are routinely denied effective
appeals proceedings in other cases as well.54 55 56 57
7. The State party should remove the mahdoor-ol-dam (deserving of death)
definition, applied to victims, so as to ensure that perpetrators are prosecuted
and brought to justice for their crimes
In the old version of the Islamic Penal Code (1991), Article 295 specified mahdoor-ol-dam to
define someone that is “deserving of death”. The revised Islamic Penal Code of 2013 includes
mahdoor-ol-dam as well under Article 302, which provides for the crimes exempt from qesas
(retribution in kind).58 There are no readily available official report that might indicate that the
definition of mahdoor-ol-dam is still being actively used in criminal proceedings, however,
information gathered show that mahdoor-ol-dam can still be invoked. For example, in 2016, the
Supreme Court discussed a case where the defendant claimed that he committed murder because
they believed the victim was mahdoor-ol-dam. The Supreme Court upheld the claim.59
Recommendation Status:
This recommendation has NOT been implemented.
49
See ABC’s “The Iran Judiciary's Illegal Directive on Financial Corruption: A Legal Analysis from
ABC” (https://www.iranrights.org/library/document/3448). Vahid Mazlumin and Mohammad Esmail Qasemi, both put to death
in November 2018, were sentenced by such special tribunals. https://www.iranrights.org/memorial/story/-8336/vahid-mazlumin
; https://www.iranrights.org/memorial/story/-8335/mohammad-esmail-qasemi
50
Youth Journalism Club, July 21, 2019 <https://www.yjc.ir/fa/news/7009151>
51
Joint submission to the Human Rights Committee from the Abdorrahman Boroumand Center, Iran Human Rights
Documentation Center, Impact Iran, Human Rights Activists in Iran, 2020,
https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_ICS_IRN_42313_E.pdf
52
Joint submission to the Human Rights Committee from the Abdorrahman Boroumand Center, Iran Human Rights
Documentation Center, Impact Iran, Human Rights Activists in Iran, 2020,
https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_ICS_IRN_42313_E.pdf
53
See Abdorrahman Boroumand Center, “Judiciary's New Approach to Appeals Trials is Against the Law,” August 22,
2019 (https://www.iranrights.org/library/document/3619)
54
Abdorrahman Boroumand Center, joint submission to the Human Rights Committee from the Abdorrahman Boroumand
Center, Iran Human Rights Documentation Center, Impact Iran, Human Rights Activists in Iran, 2020,
https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_ICS_IRN_42313_E.pdf
55
Abdorrahman Boroumand Center <https://www.iranrights.org/memorial/story/71725/hashem-shabaninejad-amuri>
56
Abdorrahman Boroumand Center <https://www.iranrights.org/memorial/story/74843/reza-hosseini>
57
Abdorrahman Boroumand Center <https://www.iranrights.org/memorial/story/-7770/mohsen-nasiri>
58
Islamic Penal Code of the Islamic Republic of Iran (2013), original version, https://rc.majlis.ir/fa/law/show/845048
59
https://www.isna.ir/news/95092213162/
6