Iranian Labor rights activists and workers face ongoing rights violations

On the occasion of International Workers’ Day, or May Day, Human Rights Activists in Iran (HRA) highlights the ongoing denial of the full enjoyment of workers’ rights in Iran; namely workplace discrimination, child labour, violations of the right to form and join labor unions and the suppression of the right to peaceful assembly and association often resulting in unfair trials, arbitrary detention, and torture at the hands of Iranian officials. The following article provides a brief overview of the situation of labour rights in Iran as well as identifies several individuals known to be responsible for violating the rights of Iranian workers’ and labour rights activists. The noted violations are in stark contrast to Iran’s International human rights obligations (including ratified ILO Conventions, CRC, ICCPR, and ICESCR) and therefore should not go unpunished.

The Situation of Labour Rights in Iran

The Right to Form and Join Labour Unions

In the past year, a total of 593 workers’ protests and 738 trade union protests have reached the media and or civil society organizations.

Among the most important labor events in Iran over the past year the following workers’ protests can be mentioned; Haft Tappeh sugarcane workers, Kut-e Abdollah Municipality, Heavy Equipment Production Company (HEPCO) in Arak, railway technical lines and buildings, and the union protests of teachers, retirees and social security pensioners.

Over the past 12 months, various cities in Iran have witnessed various forms of protest movements by Iranian workers. A wide range of workers have taken to the streets due to non-receipt of their monthly salaries and disregard for their insurance claims, and some of these workers have gone on strike and protested for up to 30 months of wage arrears. Thus, 114 labor strikes and 3 union strikes have taken place.

The level of cohesive demand of different sections of the working class has been unprecedented in the past year. Repression and sabotage and non-recognition of the rights of trade unions and independent labor organizations, arrest and imprisonment of several labor activists, as well as the denial of the right to protest were among the reasons for the dispersal and disorder of some labor rallies and protests.

Many workers have been summoned, arrested or convicted on charges such as holding a peaceful rally on International Workers ‘Day, protesting against low wages, signing statements in support of trade unions, posting photos of workers’ demonstrations on the Internet or receiving invitations to attend world trade union meetings.

At least 37 workers and labor activists have been arrested in the past 12 months. Among the most important of these arrests are the arrests of four Haft Tappeh workers’ activists, five Kut-e Abdollah Municipality workers, six participants in a rally in support of the Haft Tappeh workers, and tens of nurses and teachers.

Additionally, 46 labor activists were sentenced to 636 months in prison and 3,108 floggings, 51 people were summoned to judicial and security authorities, 1,331 were fired or suspended from work, 4,224 were unemployed, 28,493 uninsured workers and 4,224 uncertain of their work situations.

Also, in the field of unions and syndicates, a total of 47 arrests of union activists, 30 months’ imprisonment for 2 union activists, 50 summonses to judicial-security authorities and 132 cases of closure of places have been reported.

Both the ICCPR (Article 22) and ICESCR (Article 8), to which Iran is a State party, guarantee the right to form and join labor unions. However, under Iranian law, there exists no express right to form labor unions that are independent of the State. Claiming ‘security concerns’, workers may only be represented by a select group of State sanctioned bodies. Nonetheless, groups like the Haft Tappeh Sugar Cane Workers’ Syndicate and others continue to form and gather to protest widespread violations of labour rights. The Haft Tappeh Workers’ Syndicate is a union responsible for the organization of several protests regarding violations of workers’ rights – notably, withheld wages, unfulfilled promises, and the arbitrary detention and torture of many of their members.

The violations against the Haft Tappeh Workers’ and others are not only in contrast to the core human rights treaties to which Iran is a State party but also ILO Conventions. As a founding member of the International Labor Organisation (ILO), the Islamic Republic of Iran was one of the first countries in the sub region to join the organization. Iran has ratified 13 ILO conventions including five of the eight so-called core conventions. These conventions are legally binding upon signature.

In addition to poor working conditions labor rights activists are increasingly peacefully protesting discriminatory practices in the workplace, minimum wages set below poverty lines as well as increasingly low pensions, only deepening the economic hardship felt across the country.

Discrimination in Iranian Law

Iran’s national legislation remains discriminatory as a matter of law. Although the Iranian Constitution includes protection for labour rights, all legislation must be in line with Islamic principles (Article 4). This interpretation of the law allows for women and religious and ethnic minorities to face increased discrimination in the workplace based in Islamic principles. Likely in part due to these practices, the World Economic Forum’s 2020 Global Gender Report placed Iran at number 147 out of 153 for economic participation and opportunity. 

Child Labour

The number of Working Children in Iran is between 3 to 7 million, while this figure is estimated at 20,000 for Tehran, yet considering that most working children do not have proper identifications; it is not possible to provide a more accurate statistics regarding the actual number of working children in Iran.

National legislation prohibits children under the age of fifteen to work. However, in practice, child labour remains present at an alarming rate. Iran’s obligations under the Convention on the Rights of the Child prohibit child labour in any form. In addition, the UN Committee on the Rights of the Child has expressed grave concern at the alarming number of children employed in hazardous conditions. Iran should ensure full compliance with international child labor standards, including in the CRC and relevant ILO Conventions.

Women in the Workplace

Prohibition of child labor and the provision of free education for children, the establishment of the highest level of safety standards in the workplace, the elimination of discriminatory laws for migrant women and workers are other demands of the working community.

Despite the fact that Iranian women workers are described as the cheapest labor force in the country, the employment situation of women is more precarious than men, and at the same time as noted above they have far less legal protections, salaries and benefits.

Female workers have less bargaining power than their male counterparts. At the same time, production and industrial units are less inclined to employ married women, and in some cases employ single women with a commitment not to marry or become pregnant.

The situation of working women in small workshops is much worse. Half of the workers in the kilns are women who work in onerous conditions.

Spreading Justice: Labour Rights Violators- at a glance

Omid Asadbeigi, Morteza Bahmani, Sadegh Jafari Chegeni, and Mustafa Nazari, all profiled in Spreading Justice are responsible for countless violations against Haft Tappeh workers, labor rights activists supporting them, and journalists documenting the unrest.

  • Omid Asadbeigi, Owner and Managing Director of the Haft Tappeh Sugar Cane Agro-Industry Co (hereinafter Haft Tappeh), is known to have arbitrarily withheld wages of his employees in addition to colluding with law enforcement agencies and the judiciary of the Islamic Republic of Iran to intimidate and exploit workers. These actions are in stark contrast to obligations under the 13 ratified International Labour Organization Conventions to which Iran is a signatory. Significantly, amongst the Conventions ratified by Iran are: The Employment Policy Convention, 1964 (No. 122) and the Protection of Wages Convention, 1949 (No. 95). The ILO Conventions are legally binding upon signature. According to the legal review conducted by HRAs Spreading Justice Legal Consultant, Brian Currin, “It is evident that Asadbeigi does not only fail to comply with the most basic obligation of an employer, namely the payment of wages, but in addition he colludes with law enforcement agencies and the judiciary of the Islamic Republic to intimidate and exploit workers.”
  • The Shush Security Police have been responsible for the unlawful arrests and detention of workers and have forcefully suppressed workers’ right to protest and strike. Morteza Bahmani is the head of the Shush Security Police and is responsible for and directly involved in the aggravated assault and torture of workers at Haft Tappeh as well as labor rights activists considered to be their supporters. As stated by SJ Legal Consultant, Brian Currin, “Morteza Bahmani’s actions are the antithesis of what is expected of a State that is a founding member of the ILO and should be condemned by the international community that embraces the practices, ethos and values of the ILO.”
  • As the chief of the Shush Judiciary, Sadegh Jafari Chegeni has committed countless human rights violations, particularly workers’ rights violations. According to the workers of Haft Tappeh, Sadegh Jafari Chegeni was one of the main perpetrators of the repression of protesting Haft Tappeh workers. In addition, evidence of his involvement in the economic corruption involving the CEO of Haft Tappeh (Omid Asadbeigi noted above) has also been publicly mentioned by Haft Tappeh workers.
  • As the prosecutor of Shousha, Mostafa Nazari has been directly involved in and responsible for widespread human rights violations, especially the rights of workers, as well as the right to freedom of peaceful assembly and association. According to numerous reports, he was one of the main perpetrators of the crackdown on the protesting workers of Haft Tappeh as well as their unfair judicial treatment.

*It is of note that the violators highlighted in this report are merely a select few. For more information on the violators within, please view the profiles in their entirety by clicking on the individual names.

A statistical glance at the situation of Iranian Workers 2020-2021

In Iran, Labor Day comes at a time when the privatization of state-owned factories and companies continues without regard to the long-term interests of workers.

According to Human Rights Activists in Iran’s (HRA) statistics department, a review of labor reports published in the last 12 months (April 30, 2020 to April 27, 2021), indicates at least 9,367 workers were killed or injured in work accidents.

Injuries

At least 7577 workers were injured at work in the past 12 months. In 12 official reports or comments at the national and provincial levels, officials reported that 7073 people were injured.  In addition to the official reports, Civil and labor rights activists reported another 504 cases of injuries at work.

Deaths

At least 1790 workers lost their lives in work accidents in the past 12 months; Officials and relevant agencies reported the deaths of 1,545 workers in 9 official reports, while independent organizations reported 245 deaths of workers that were not mentioned by official reports and authorities.

Actual numbers might be a lot higher

It should be noted, even though statistics above are many, the reality might be much harsher due to lack of transparency of the responsible institutions, many of work incidents are not reported and thus do not make it to the media.

To better understand this issue, “Iran announced that 15,997 people lost their lives in work-related accidents in the last 10 years (2008-2018), 15,767 were men and 230 were women.” This means that an average of 1,600 people has lost their lives each year in work-related accidents over this decade.

According to these statistics, the main cause of death in work accidents is falling from a height. In the last ten years, that is about 41.5% of total casualties at work accidents. Iran ranks 102nd in the world in terms of occupational safety.

Occupational Accident Classification Chart

HRA’s Statistic Department: Occupational Accident Classification Chart (May 2, 2020 to April 27, 2021)

Wage Arrears

According to statistics compiled by HRA’s statistic Department, at least 34,318 workers have more than 2,313 months of wage arrears.

However, it should be noted that among the published reports on wage arrears, a large number of reports did not mention the number of workers awaiting wage arrears, which is one of the important factors in the impossibility of providing accurate statistics of workers claiming arrears.

Poverty line and low wages

On Sunday March 14, 2021, the Supreme Labor Council implemented a 39% increase in the minimum wage, that is the minimum monthly salaries were increased from 1 million and 912 thousand Tomans to 2 million and 650 thousand Tomans.

Although the Iranian government has refused to officially announce the poverty line, economic activists believe that the minimum wage is still well below the poverty line even after this increase.

Also, the members of the Supreme Labor Council increased the workers ‘food rations to 450,000 Tomans and the workers’ housing allowance to 600,000 Tomans. It should be noted that housing allowance is not implemented yet and to be implemented must be approved by the Council of Ministers and then be included in the next year’s payroll of workers. These figures are being ratified while the head of the labor faction of the 11th parliament has previously stated that even if the minimum wage rises by 100 percent, workers purchasing power will not return to normal.

In addition, the increase of workers’ salaries by a small amount to 2 million and 650 thousand Tomans has been approved while recently the head of the Supreme Association of Trade Unions, referring to the announcement of the Central bank that poverty line is at 10 million Tomans, said: “Last year the poverty line was 6 million Tomans, which has increased by 4 million Tomans this year.”

On the other hand, Faramarz Tofighi, the workers’ representative in the wage determination committee, had previously said: the acceptable cost of essentials (food, etc) is 6 million and 895 thousand Tomans. This is while in the final agreement, the minimum wage for the year 1400 (Jalali Calendar) is set at only 2 million 656 thousand Tomans, and this is about 3 million Tomans less than what the workers representatives indicated as cost of essentials.

In addition, Ali Asgarian, Deputy of Public Participation of the Relief Foundation, announced: According to the monitoring of the monthly observation center, which defines food poverty line by 1800 sampling points, now the food poverty line is 670 thousand Tomans per person and if the family consider three people with the minimum wage, many working families are below the poverty line or at the food poverty line. He added that about 20 million people in the country need support; “Currently 6.5 million people are covered by the Relief Foundation and there are about 7 million other people who have similar conditions but are not covered by this organization. There are also another 14 million people in need in the country who are not receiving any assistance.”

The minimum wage set by the Supreme Labor Council, according to many experts and labor activists, is much lower than the real inflation rate in the country and lower than the value of the household consumption basket. This is another reason for the continuation of the protests of the working community of the country.

Obligations

Violations against labor rights activists and workers alike are in stark contrast to Iran’s international human rights obligations namely, the Convention on the Rights of the Child (CRC), the International Covenant on Civil and Political Rights (ICCPR), the Convention on Economic Social and Cultural Rights (CESCR), and relevant ILO Conventions. Iran should ensure full implementation of the noted mechanisms and protect the rights of workers’ by removing discriminatory barriers to workplace participation particularly on women and ethnic and religious minorities. In addition, HRA calls on the international community to hold the above and all perpetrators accountable for their actions against Iranian workers’ ending the widespread impunity enjoyed in the Islamic Republic of Iran.


For further inquiries please contact Skylar Thompson, Senior Advocacy Coordinator Human Rights Activists in Iran (HRA) at [email protected]

Iranian Courts Responsible For Issuing Death Sentences

Iran has one of the highest rates of death sentence in the world and is therefore always condemned by the Human Rights Council and the UN General Assembly. Death sentences in Iran are issued by Criminal Court Number One, the Revolutionary Court, the Military Court, and the Special Court of Clergies.

One means of objecting to the issued verdict is to request an appeal. According to law, appeal judgment is “deciding whether or not the verdict under appeal conforms to the laws of religious jurisprudence and legislation”. For criminal convictions, appeal is a request for change of the verdict issued by the court of first instance. Apart from the cases in which the convict can request a retrial from the Supreme Court, in some cases, it is possible to appeal against the judgment or acquittal in the Supreme Court according to the Code of Criminal Procedure.

Criminal Court Number One

Criminal Court Number One is established in each provincial capital, as discerned by the head of the judiciary in the jurisdiction of the cities. In areas where this court does not exist, cases are heard in the closest Criminal Court Number One within the jurisdiction of that province.

This court is composed of one presiding judge and two counselors (three judges), but it can officially convene when two members are present. In Criminal Court Number One and in all cases where the trial is held before several judges, the majority vote of all members shall matter and the opinions of the minority must be reasonably included in the case.

With the enactment of the new law on criminal procedure, the provincial criminal courts were removed from the judiciary and transformed to criminal court number one according to Note 3 of Article 296. In addition to investigating the crimes set forth in Article 302, the criminal court number one located in the provincial capitals also investigates political and press offenses in accordance with Article 305. As per Article 308 of the same law, the court also hears the charges of ministers’ advisors, the highest officials of governmental organizations, chairs of public companies and institutions, non-governmental public institutions, directors general, governors, directors of institutions, government departments and public non-governmental institutions within provinces and cities, university chancellors, chairs of higher education centers, and mayors of provincial capitals and districts.

It should be noted that if any crime occurs in any province, the relevant province will investigate the attributed charges. Another condition set for such a case is that the investigation of these charges should not be within the competence of other authorities according to certain laws.

Investigation of crimes within the jurisdiction of the Criminal Court Number One

According to Article 302 of the Code of Criminal Procedure, the following crimes are within the jurisdiction of Criminal Court Number One:

1. Crimes punishable by death: These are the crimes that are punishable by Qisas (blood vengeance), execution and stoning.

2. Crimes punishable by life imprisonment: This means a punishable theft that has happened for the third time.

3. Crimes punishable by amputation: This means committing theft for the first or second time, which is subject to the determined punishment.

4. Intentional crimes against physical health amounting to half of the full blood money (Diyya) or more.

5. Crimes subject to 1st to 3rd degree discretionary punishment, which are as follows:

Revolutionary Court

Pursuant to Article 303, the following crimes shall be investigated in the Revolutionary Court. A. Crimes against foreign and national security, Moharebeh (waging war against God), corruption on the Earth, insolence, collusion and conspiracy against the Islamic Republic of Iran, armed fight, arson, destruction of property in order to oppose the regime B. Insulting the founder of the Islamic Republic of Iran and the Supreme Leader C. All crimes related to narcotics, psychoactive drugs, their ingredients, and the trafficking of weapons, ammunition and controlled substances. D. Other cases that are under the jurisdiction of this court according to certain laws.

As per Article 297, the Revolutionary Court shall convene in the presence of a presiding judge and two counselors in order to try the crimes mentioned earlier in paragraphs (A), (B), (C) and (D) of Article 302 of the Code of Criminal Procedure. To investigate other crimes, a court will convene in the presence of a substitute president or judge or by a counselor.

Article 5 – The required number of revolutionary courts shall be established in the capital of each province and in districts determined by the head of the judiciary. These courts shall be established under the supervision and administrative management of the jurisdiction and shall investigate the following crimes:

1. All crimes against foreign and national security, Moharebeh (waging war against God) or corruption on the Earth

2- Insulting the status of Ruhollah Khomeini, the founder of the Islamic Republic of Iran and Ali Khamenei, the supreme leader of the Islamic Republic of Iran.

3- Conspiracy against the Islamic Republic of Iran, armed fight, terror and destruction of organizations in order to oppose the regime

4- Espionage for foreigners.

5 – All crimes related to trafficking and drugs.

6- Disputes related to Article 49 of the Constitution.

By the virtue of Article 19 of the Law on the Establishment of Public and Revolutionary Courts, the following verdicts can be appealed. The appellate court can overrule the verdict or reinvestigate the case if it finds the verdict erroneous or believes that the court of first instance was incompetent.

A) Verdicts: 1- Execution and stoning. 2 – Hudud (Islamic Punishments), Qisas (blood vengeance or retaliation for body organs). 3- Forfeiture and confiscation of property. 4 – Diyya (financial compensation) over 1/5 of full financial compensation amount. 5 – If the maximum legal punishment for the crime amounts to more than 6 months of imprisonment, flogging or a fine over one million Rials. 6- A verdict that demands more than one million Rials. 7- A verdict that is not valid according to the confession heard in court. 8- A verdict that does not conform to the opinion of one or more experts whose opinion has been accepted in writing by the parties. 9- The verdict concerning the derivatives of the dispute if the verdict of the main dispute can be appealed. 10 – Judgment on marriage, divorce, termination of marriage and marriage portion. 11- Judgment on lineage, will, executor appointment, endowment, endowment of 1/3 of properties, entailment and guardianship. 12- Verdict on incapacity and emancipation of a minor.

B) The following judgments of the verdict of the main dispute can be appealed: 1- The decision to annul the petition or reject the petition, issued by the court. 2- Termination of the lawsuit or not hearing the lawsuit. 3- When charges are about to be dropped. 4- The decision on the incompetence of one of the parties to the lawsuit.

Contradiction between the competence of the Revolutionary Court and the Criminal Court Number One

When there is a conflict between the competence of Revolutionary Court and the Criminal Court Number One, the Revolutionary Court shall investigate the matter. However, cases that fall within the competence of the Criminal Court Number One do not negate the jurisdiction of the Revolutionary Court.

For instance investigating the crime of corruption on the Earth lies with the Revolutionary Court. According to Article 286 of the Islamic Penal Code, the punishment for corruption on earth is the death penalty, which leads to eradications of ones’ life. According to Article 302 of the Code of Criminal Procedure, a crime whose punishment leads to death is within the jurisdiction of the Criminal Court Number One. Therefore, the question that arises is that which of the two above-mentioned authorities (Revolutionary Court or Criminal Court Number) will be in charge of investigating the crime of corruption on earth, the punishment of which is eradication of life? The answer is that the competent authority in this case is the Revolutionary Court.

Military court

One judicial entity that is separate from the armed forces is a special judicial authority called the Judicial Organization of the Armed Forces. This organ investigates the crimes of military forces. The Judicial Organization of the Armed Forces of the Islamic Republic of Iran is a part of Iranian Judiciary. It is the only specialized judicial authority set in the Constitution of the Islamic Republic of Iran, and it is established in the provincial capitals of the country. According to Article 172 of the Constitution, military tribunals are established in accordance with the law to investigate crimes pertinent to certain military or disciplinary duties of members of the army, gendarmerie, police (law enforcement forces) and the Islamic Revolutionary Guard Corps. However, for their general crimes or crimes they commit as judicial agents, they are tried in public courts.

At the time being, the competence of the Judicial Organization of the Armed Forces is based on the resolutions passed by the Islamic Consultative Assembly, the Expediency Council, and the certain permissions issued by the Supreme Leader of the Islamic Republic, Ali Khamenei. The jurisdiction of this organization concerns the certain crimes committed by military and law enforcement forces and members of the Armed Forces, crimes discovered during the investigation of military crimes, the crimes of Iranian prisoners and non-Iranian prisoners inside Iran, and crimes related to the duties of the personnel of the Ministry of Intelligence.

 The investigations have two phases in the Judicial Organization of the Armed Forces. Therefore, reports or complaint are submitted by the relevant authorities or ordinary people, and a relevant case is first opem in the military court and the preliminary investigation is conducted by an investigator or assistant prosecutor under the supervision of the provincial military prosecutor. If there are sufficient reasons to commit the crime, the case is submitted to the military court after the indictment is issued (drawn up the prosecutor). After referring the case to the court branches, the mentioned court issues an appropriate verdict after holding the trial. The verdicts issued by the military courts can be appealed against in higher judicial authorities and the Supreme Court of the country due to the importance of the crime, pursuant to Law on Appeal Courts enacted in 1993.

By the virtue of Note 2 of Article 307, the charges of military and law enforcement officers (the subject of Article 307), which are within the jurisdiction of the Judicial Organization of the Armed Forces, may be investigated by military courts number 1 and 2 in Tehran. It should be noted that the general crimes of military and law enforcement personnel enjoying the rank of brigadier general or higher, or the holders of the rank of second brigadier general working alongside army generals or brigadier generals are within the jurisdiction of Tehran criminal courts. Crimes committed by officials who are not mentioned in Article 307 and its notes are investigated by the Judicial Organization of the Armed Forces. The new Code of Criminal Procedure does not include the establishment of a special legal body to investigate the crimes of the armed forces and the military personnel. These crimes are dealt with in accordance with the relevant laws.

Military courts are divided into military court one and two. Pursuant to Article 3 of the Penal Law on the Armed Forces of the Islamic Republic of Iran, crimes punishable by 10 years or more of imprisonment or death sentence are heard in the Military Court One, and less serious crimes are punished by the Military Court Two.

Military Court One consists of a substitute prosecutor or a presiding judge and a counselor. The right to vote belongs solely to the substitute prosecutor or a presiding judge.

Note – In Military Court One, the substitute prosecutor or a presiding judge could be a civilian or a military force. The counselor is chosen from military jurists and is obliged to carefully study and review the case before court decision, and to state his views in writing.

According to Article 5 of the Code of Judicial Procedure of the Armed Forces of the Islamic Republic of Iran, the opinions of Military Court One leading to the death penalty or ten years imprisonment (or more) shall be reviewed by the Supreme Court, whether or not the convict or the prosecutor objects to the verdict, with due observation of the provisions of Articles 287 and 288 of the Law on Amendment of Articles of Criminal Procedure.

Note: Whenever a crime is within the jurisdiction of Military Court One on the basis of its legal punishment, and when after the end of the trial, it is found that its punishment is less than death sentence or ten years of imprisonment, Military Court One will proceed to issue a verdict on it.

Special Court of Clergies

Special Court of Clergies has certain structures including the prosecutor’s office and the court of law. This court is entirely independent of Iranian Judiciary with its distinct rules of procedure, prosecution, crime detection, verdicts, investigations and even budget. The taken measures to investigate the crimes are also different in this court. The courts of appeal are composed of one presiding judge and two counselors.

Since its establishment, this court has always been criticized. For instance, if the Special Court of Clergies claims to be a subpart of the judiciary, why doesn’t it allow defendants to choose a lawyer? While according to Article 35 of the Constitution of the Islamic Republic of Iran, defendants have the right to choose a lawyer for themselves in all courts.

Investigation procedure in Special Court of Clergies: Complaints are first filed in the court of the relevant province before the provincial prosecutor. Then, the prosecutor orders that the complaint be referred to one of the branches of the assistant prosecutor’s office and referred to the prosecutor again for an indictment. After the indictment is issued, the case is referred to the court of first instance, which is located in the same court. After the issuance of the initial verdict, if one of the parties requests an appeal, a special clerical appeal court will convene. The appeal court exists only in Tehran. The decision of the court of appeal is final and only the plaintiff can request a retrial. All steps are done confidentially, and all notifications and votes are communicated in person.

According to the regulations, Special Court of Clergies has jurisdiction to investigate the following charges:

A. All crimes of clergies

B. All acts against the dignity of clergies

C. All local disputes that are against public security if one party to the dispute is a clergy.

D. All cases assigned by Ali Khamenei, the leader of the Islamic Republic of Iran.

If the court of first instance makes a mistake in issuing the verdict and that mistake is significant and fundamental, then the judge of the appellate court for clergies will overrule the verdict and return the case to the office of Special Court of Clergies to be considered by another branch.

When utilizing the information provided in this report please reference Spreading Justice.

Application of The Death Penalty In Iran

Capital punishment is a state-sanctioned killing to deprive one of the right to life. It is vis a vis murder. Capital punishment might be administered by the natural persons. Capital punishment should not be carried out without court’s verdict, before following full judiciary due process, including formal criminal hearing procedure, and observing the rights of the accused. In the absence of observing hearing and court procedures and process, or the denial of the rights of the suspect (the accused), if the government sanctions death penalty and executes the sentence, this action is called “arbitrary” or “extrajudicial.” The difference between arbitrary execution and murder is that in the first situation, the government by taking advantage of its superiority, hegemony, and authorities vested in it, conspicuously deprives one of the right to life. While in the latter, the person or persons surreptitiously and secretly perpetrate the killing.

Capital punishment, in the laws of the Islamic Republic of Iran, is emanated from the Quran, Sunnah, Islamic laws and Shi’a jurisprudence resources. The death penalty falls under two types of punishments: a) hudud; b) ta’zir. In the case of hadd (singular of hudud, i.e., mandatory punishment–trans.), its quality and quantity are specified by God in the Quran. The judiciary officials and justices have no authorities to change it. Contrary to hadd, there are not any pre-mandated punishments in the case of ta’zir. The punishment is at the discretion and within the authorities of the Islamic government. For instance, death sentences on cases related to the armed conflict falls under hadd. While the death sentences related to drug trafficking falls under ta’zir.

The first time that capital punishment was included in the penal code was on Dey 23, 1304 after it was ratified. The amendment of which (Article 170) as the highest punishment on murder cases on Khordad 7, 1352. After the 57 revolution, the Majlis (the Islamic Consultative Assembly–trans.) ratified the Islamic penal code in 1362. It was to be implemented tentatively with a five-year probation period. Later in Mordad 1370, the same law including general provisions, hudud, qisas (lit: retaliation in kind–trans.), diyat (compensation paid to the heirs of a victim [blood money and ransom] –trans.) was passed by the judicial and legal commission of the Majlis. However, the final bill was ratified by the Expediency Discernment Council because there was a disagreement between Majlis representatives and the Guardian Council concerning this bill (the final ratification of any bill before enforcing it is by the Guardian Council. In case of an unresolved disagreement between Majlis and the Guardian Council, the Expediency Discernment Council arbitrates—trans.). In 1375, the laws of ta’zir and other deterrent punishments were added to the Islamic penal code. Its implementation was extended for another ten years. In Tir, 1383, the newspapers informed that drafting “the law for founding a national institution to defend the rights of citizens” has started. This draft included 8 chapters and 109 articles. According to Article 5 of this law, the death penalty was restricted to very exclusive cases of crimes in compliance with the irrevocable international rules of law.

Finally, to pass an inclusive and comprehensive law, in 1386, the judiciary branch prepared the Islamic penal code bill including the provisions, hudud, qisas, and diyat. The branch sent it to the government for approval. After government passed it, the bill was headed to the Majlis in Azar 1386. After many years of deliberations, the Majlis passed the bill forwarding it to the Guardian Council for final ratification in 1391. The Guardian Council sent it back to the Majlis with some comments to be addressed. Finally, in Dey 1392, the spokesperson for the Guardian Council informed of the final ratification of the law. The implicit elimination of stoning punishment and the obligation of the courts to issue a substitute punishment for the execution of juveniles under 18 years old were among the most important changes in the new law.

Iran wins one of the world highest records for the most executions. Therefore, the state is continuously condemned by the UN human rights Council and the General Assembly. A remarkable number of capital punishments are related to drug trafficking cases. These punishments are not derived from hadd. In 1396, to alleviate international pressures because of the high number of executions, the judiciary branch of the Islamic Republic of Iran decided to eliminate death penalty for the suspects of drug trafficking. Then, the Majlis, by amending the law of combatting drug trafficking, eliminated death penalty for the suspects of this crime other than for the kingpins of the drug bands and when there is an armed drug trafficking.

Crimes with Capital Punishment

According to the Islamic penal code, death penalty is issued in cases as follows: murder (Article 290), extramarital sex (Article 224 and Provision 3 of Article 132), sodomy (Article 234), intercrural sex (Provision of Article 236), repeating crimes which bear hadd more than three times (Article 136), sab al-Nabi (Article 262 [type of blasphemy, i.e., abusing and insulting the Prophet Mohammad–trans.]), theft after the fourth arrest (a paragraph of Article 278), muharebeh (Article 282 [hirab-lit: unlawful warfare or piracy but fig: waging war against God–trans.]), spreading corruption on earth (Article 286), and baghy (Article 287 [lit: trespass, but fig: riot or rebellion against the Imam or the Islamic ruler/government—trans.]).

Within Iran’s law, death penalty is sometimes issued using the very same term and sometimes under the term qisas. The implementation of both qisas and death penalty might technically be the same. But the biggest difference between the two lies in the very fact that in the case of qisas, the punishment for murder cases is forgivable, whereas the punishment for muharebeh, i.e., waging war against God is unforgiveable. For instance, if someone kills someone, and murder is proved in the court, he is sentenced to qisas. Qisas is of three types: the choice of which lies within the authority of the victim’s family and survivals. The first choice is to forgive the murderer and grant pardon; the second choice is to accept blood money (diya) from the murderer; the third choice is to deprive the murderer of the right to life (execution).

From the perspective of the criminal law and in the Islamic penal code, capital punishment is of three types:

1. Qisas Death Penalty: This type of punishment is carried out when there is a murder. It has specific features. The presence of the private plaintiff in this type of sentencing removes it from the realm of the international laws. The permission of the Supreme Leader and other factors are very influential in this type of punishment.

2. Hadd (mandatory) Death Penalty: Considering the definition of hadd by the Islamic jurists, one can define death penalty based on hadd as follows: It is a death penalty mandated by God and the Prophet Mohammad. One cannot reduce it to less than death. Death penalty based on hadd falls into the following categories:

A. Sexual Crimes including zena (extramarital sex and/or unlawful sexual intercourse): adultery, incest, rape, or sex of non-Muslims with a Muslim woman, and sodomy.
B. Crimes against Religion and Societal Security: It includes muharebeh, i.e., waging war against God and the Islamic state, and apostacy.
C. Repetition of Crimes: Such as repeating adultery for the fourth time which follows a death sentence.

3. Ta’zir (discretionary punishment) Death Penalty: It is a death penalty decided by the judge and/or a ruler. Majority of the Shi’a jurists believe that the principle is that ta’zir is beneath hadd. But under one of the following three circumstances: the expediency of the individual and the society, spreading corruption on earth, and forbidding the evil, discretionary (ta’zir) death penalty is permitted.

Crimes That Result in Death Penalty in Iran

Muharebeh and Baghy

In accordance with Article 186 of the Islamic penal code, “any organized group or association that perpetrates an armed resurrection, as long as the union remains existing; whereas all the advocates and followers are aware of the stance of the group or association or organization; and as long as they adhere to the goals and purposes of the group, that group is considered muhareb (person/s who wages war against God or the Islamic state) even if they are not part of the armed branch of the group.” As it is clearly specified in the article, all armed members of the group regardless of their status in the group; even if they did not perpetrate any armed activities are charged with muharebeh (waging war against God and the Islamic state). However, in 1392, with the amendment of this article in accordance with chapter 4, Article 130 of the Islamic penal code, the definition of muharebeh, and spreading corruption on earth extended and included the leader of any organized criminal band as well. The punishment for muhareb, or a person who spreads corruption on earth is capital punishment. In accordance with Article 279 of the Islamic penal code passed in 1392, muharebeh means drawing weapon, the punishment of which is death. However, if drawing weapon does not harm the security, it does not fit within the definition of muharebeh. In accordance with Article 282, there are 4 types of punishments for muhareb (perpetrator of such war): a) death penalty; b) crucifixion; c) amputation of the right hand and left foot; d) exile.

The bandits (highway thieves), burglars and smugglers who use weapon are considered muhareb. Hence, the same punishments are awaiting them. In accordance with Provision 1 of Article 114, muhareb’s repentance revokes execution if he whose punishment is execution repents before detention. In Article 287, baghy is defined as armed rebellion against the Islamic Republic of Iran. Its punishment is death sentence.

Baghy and Spreading Corruption on Earth

Article 286 of the Islamic penal code reads as follows: He who perpetrates crime against human body; crimes against domestic and/or foreign security of state; spreading lies; disrupting the economic order of the state; incineration and vandalism; spreading toxic, poisonous and dangerous germs, and materials; establishing or helping to launch brothel houses. Whereas these actions result in severe disruption in the public order of the state; insecurity and/or sustaining a major casualty and damage to one’s body, or private and public properties; or spreading moral corruption or prostitution in a wide range. The perpetrator of these actions is considered perpetrator of corruption on earth. Hence, he is sentenced to capital punishment.

Provision – Whenever the court citing available evidence and documents does not reach to the conclusion there was an intention to cause a widespread disruption in the public order; flaring insecurity; causing major damage and harm; and/or spreading moral corruption or prostitution; whenever the court does not infer that the perpetrator was aware of the impact of his actions; whenever the crime does not fall under another penal code; the perpetrator (taken into account the impact and the volume of the harm resulting from the crime), is sentenced to fifth-degree or six-degree discretionary punishment (ta’zir).

Article 287 of the Islamic penal code is as follows: Any group that perpetrates an armed resurrection against the Islamic Republic of Iran is considered baghy, i.e., an outlaw (one who exits the infallible Imam or his righteous representative–trans.). In the case of using arms, the members are sentenced to death penalty. Article 288 of the Islamic penal code is as follows: Whenever the members of a baghy, i.e., outlaw group are arrested before clashes and before drawing arms; whereas the organization and the union still exists, they are sentenced to the third-degree discretionary punishment (ta’zir). Whereas the union is destroyed, they are sentenced to the fifth-degree discretionary punishment (ta’zir).

Espionage

Article 63 – Anyone who verbally or in written communicates with a citizen of a hostile government; whereas that verbal or written communication does not embrace any of the crimes mentioned in the previous article; whereas this verbal or written communication includes information and interests that harm the military or political affairs of Iran; the perpetrator’s punishment is two to ten years of solitary confinement. Whereas the communication verbally or in written conveys espionage, the perpetrator’s punishment is death.

Sab al-Nabi (a type of blasphemy: abusing and insulting the Prophet Mohammad–trans.)

In chapter 5 of hudud, sab al Nabi is a crime founded by the new law. It is included in Article 262 against those who insult Mohammad (the Prophet of Islam), the prophets, Imams, Zahra (Mohammad’s daughter and Ali’s spouse). The punishment of which is death penalty.

Drug Crimes

After the foundation of the Islamic Republic of Iran (the 57 revolution), capital punishment, as the first law on combatting drugs trafficking, was ratified by the Majlis in 1359. The law addressed the following actions: poppy plantation if the action is repeated; importing and selling opium, heroin, morphine, cocaine, in any amount; keeping; hiding; carrying more than one kilogram of opium; and 5 grams of heroin, morphine and cocaine. In 1396, a step was taken with the intent of reducing the number of death penalties for the suspects of drug crimes. The plan was “adding an article to the law of combatting drug trafficking.” The death penalty, however, remained intact.

In Article 8– the amendment of combatting drug trafficking ratified in 1367– heavy sentences have been enacted for “importing; manufacturing; producing; distributing; exporting; delivering; selling and buying; making it available for sale; keeping; hiding or carrying” “heroin, morphine, cocaine, and other chemical derivatives from morphine and cocaine.” In compliance with the first amendment to Article 1 of combatting drug trafficking passed in 1396, the sentences are as follows:

Capital punishment and confiscation of the assets gained from the crimes related to psychedelic drugs (amphetamine, methamphetamine, … including DSL and crystal meth); whereas the amount is more than 2 kilograms. The confiscation of assets excludes a conventional livelihood for the convict’s family.

Of course, there are 5 contingencies on the execution of death penalty:

1. The accomplice or at least one of the partners in crime was armed during the crime action; or they were carrying a firearm or hunting rifle with the intent to fight against the officers.

2. He is the kingpin and leader of the band.

3. He is a financial supporter and/or a drug investor.

4. In the perpetration of crime, he has used children and teenagers under 18 years old and/or the insane people.

5. He has already been convicted to death penalty, life imprisonment, or more than 15 years in prison for perpetrating crimes related to drugs.

Death penalty is imposed for the maximum limit of 2 kilograms for the psychedelic drugs; of 3 kilograms for morphine and cocaine derivatives; of 50 kilograms for drugs with lower negative impact on the consumers (such as opium, hashish, marijuana, opium milk and opium residue and …).

Disrupting the Economic System of the State

Article 1 of the law is about the punishment of the disrupters of the economic system passed in 1369. The disruption in the state monetary and foreign exchange system; disruption in the distribution of the public staples; disruption in manufacturing system; any action with the intent of checking the cultural heritage or national wealth out of the country; accepting big funds as deposit form natural persons or legal persons under the pretext of mudarabah (profit and loss sharing also called PLS or “participatory” banking with venture capital–trans.); and actions with the similar nature which lead to misappropriation of the public property; or disruption in the economic system; and any organized and purposeful action to disrupt the exports of the country are defined as criminal actions. In accordance with Article 2 of the same law, if the perpetrator commits any of the afore-mentioned actions in Article 1, with the intent of harming the Islamic Republic system; or with the intent of fighting with the system; or with the knowledge that these actions are effective in fighting with the system; whereas his actions are to the extent of spreading corruption on earth, the perpetrators is sentenced to death. Otherwise, he is sentenced to prison between 5-20 years. In accordance with Provision 5, Article 2, none of the assumed punishments in this law are suspensible. Neither death penalty nor financial fines or deprivation and permanent suspension of public services are mitigated or reduced.

Homicide

The illegal killing of a person by another person is murder. Homicide is of two types: murder and manslaughter. 

Article 300 of the Islamic penal code, volume 3 on qisas is as follows: murder bears qisas punishment; hence death penalty. Whereas the victim dies, the execution of death penalty is carried out upon the request of the victim’s survivals. In accordance with Article 310, whereas a Muslim or Dhimmi or Mustaʾmin or Mu’ahid (historical terms for non-Muslims living permanently or temporarily in an Islamic state with legal protection–trans.) kills a non-Muslim, qisas (capital punishment) is not administered. In accordance with Article 91 of the Islamic penal code passed in 1392, capital punishment has been eliminated for the juveniles (under 18 years old). In charges that bear death penalty including murder, discretionary punishment is deliberated for the juveniles. The article says, “In crimes that bears hadd or qisas, whereas a juvenile under 18 years old does not comprehend the nature of the crime or its illegality; or whereas there is a doubt about their mental maturity; their sentence is deliberated based on the case and their age.

The provision of Article 306 is about the commission of crimes against unborn child: whereas there is a live birth; whereas the criminal action against child happened before the victim’s birth to the extent that it causes a birth defect or death after birth; or his birth defect remains; qisas is certain. Whereas the baby is live born and dies as the result of the commission of the crime; the perpetrator shall be sentenced to death penalty by the request of the baby’s survivals.

 Zena/Zina (Extramarital Sex)

Zena literally means the unlawful sexual intimacy with a woman out of wedlock. Technically, it means the sexual intercourse of a man with a woman; whereas the indecent intimacy is inherently haram (forbidden) for him, i.e., it is out of wedlock; an action which is not done by mistake; the woman is not his property (slave). Considering the viewpoints and interpretations of the Islamic jurists and legists, extramarital sex bears death penalty in four cases including “adultery; incest; rape or non-consensual sexual intercourse; and sex of a non-Muslim man with a Muslim woman.”

In volume two of the Islamic penal code, Article 224, extramarital sex lies within hadd punishment; It bears death penalty as in the following cases:

A: Incest.

B: Sex with stepmother that results in the execution of the zani, i.e., the man who initiated the act,

C: Rape or non-consensual sex that results in the execution of the zani, i.e., the man who initiated the act,

D: Sex of a non-Muslim man with a Muslim woman that results in the execution of the zani, i.e., the man who initiated the act.

The provision of Article 224 is as follows: whereas the woman is unconscious, asleep, or drunk; whereas a man does sex with her, without the woman’s consensus; the act is considered rape.

Sodomy and Intercrural Sex

Sodomy means a sexual relationship between two men, regardless of penetration occurs or not. There is a remarkable differentiation between these two situations in the fatwas of the Islamic jurists. In Tahrir al-Wasilah (a book by Ayatollah Khomeini as a commentary on a traditional theological text–trans.), sodomy is defined as the following: “the sexual intimacy of two men– whether via intercourse or other.” Whereas both men are mature; sane; and free, whereas the intimacy does not lead to penetration as in intercrural sex or other forms. Then the hadd (mandatory punishment is 100 lashes for both men, regardless of their marital status.”

Article 234 outlines the punishment for sodomy after defining it in Article 233 of the new Islamic penal code: “Hadd (mandatory punishment) for sodomy is death penalty for the top partner (person who penetrates—trans.); whereas it is a rape; non-consensual; or the man is married. Otherwise, he is sentenced to 100 lashes. The punishment for the bottom partner ([the one upon whom the penetration happens—trans.] regardless of his marital status), is death.”

In accordance with Provision 2 of Article114, whereas extramarital sex and sodomy are enforced, i.e., rape or non-consensual; whereas the perpetrator repents; his sentence—death penalty– is mitigated to the six-degree discretionary punishment in the form of either prison or lashes.

Repeating the Crime

In chapter six of the penal code passed in 1392, there is a clause about repeating the crime: whereas a person perpetrates a crime three times that results in a mandatory punishment, i.e., (hadd); whereas hadd is administered each time that the crime takes place; the sentence for the fourth time will be death, such as homosexuality between women (lesbian–Article 163 of the Islamic penal code). In Tir 1399, in Mashhad, a convict was sentenced to death penalty on the charge of “drinking alcohol for the sixth time.” He was executed on Tir 18, 1399 in the Mashhad central prison.

The Procedure of Administration of Death Penalty

Whereas a lower court sentences the convict to death; the case can be appealed in another court. Whereas the appellate court confirms the lower court’s verdict; the case is sent to the Supreme Court to deliberate on the procedure adopted to implement the hearing process.

Whereas the case is related to murder (qisas); the case is sent to the Supreme Leader for obtaining “permission (estizan).” Currently, the Supreme Leader of Iran is Ayatollah Ali Khamenei. After obtaining the permission, the case is sent to the head of the judiciary branch for the final approval. The judiciary branch is the official administrator of the sentences. Whereas the final approval is obtained; the verdict is sent to the office of administration of sentences.

Whereas the case is contingent on qisas; the victim’s survivals can decide to enforce the verdict or grant pardon to the convict; whereas death penalty is contingent on hadd or ta’zir; the convict can place an appeal of pardon. Whereas pardon is granted by the commission of amnesty and mitigation, the execution of the sentence halts. Otherwise, all the judiciary steps are finalized. The judiciary branch is committed to inform the convict’s lawyer, or in qisas cases the victim’s survivals and the defendant’s lawyer at least 48 hours before the execution of the verdict.

The Supreme Leader, the head of judiciary branch, or in cases that the law has asserted, any judiciary high-ranking officials can request an appeal during any time of the afore-mentioned phases. They can request a retrial and/or a new trial. Until the new trial convenes, the execution of the sentence will be halted.

 Death Penalty: Irreparable and Irrevocable

Human rights advocacy institutions believe because of the nature of death penalty, which is irreparable and irrevocable; especially when there is a doubt on the accused person’s charges, capital punishment should be excluded from the list of the available punishments.

In Ordibehesht 97, in Ardabil a prisoner named Babak Rezaei was executed on the charge of murder during an armed robbery. Two years later after his execution, in Aban 98, another prisoner confessed to murder and the armed robbery in this case. Babak Rezaei had denied the charges during his interrogation and in court hearings. However, he was coerced into a compulsory confession against himself during one of his interrogation sessions.

ent might be administered by the natural persons. Capital punishment should not be carried out without court’s verdict, before following full judiciary due process, including formal criminal hearing procedure, and observing the rights of the accused. In the absence of observing hearing and court procedures and process, or the denial of the rights of the suspect (the accused), if the government sanctions death penalty and executes the sentence, this action is called “arbitrary” or “extrajudicial.” The difference between arbitrary execution and murder is that in the first situation, the government by taking advantage of its superiority, hegemony, and authorities vested in it, conspicuously deprives one of the right to life. While in the latter, the person or persons surreptitiously and secretly perpetrate the killing.

Capital punishment, in the laws of the Islamic Republic of Iran, is emanated from the Quran, Sunnah, Islamic laws and Shi’a jurisprudence resources. The death penalty falls under two types of punishments: a) hudud; b) ta’zir. In the case of hadd (singular of hudud, i.e., mandatory punishment–trans.), its quality and quantity are specified by God in the Quran. The judiciary officials and justices have no authorities to change it. Contrary to hadd, there are not any pre-mandated punishments in the case of ta’zir. The punishment is at the discretion and within the authorities of the Islamic government. For instance, death sentences on cases related to the armed conflict falls under hadd. While the death sentences related to drug trafficking falls under ta’zir.

The first time that capital punishment was included in the penal code was on Dey 23, 1304 after it was ratified. The amendment of which (Article 170) as the highest punishment on murder cases on Khordad 7, 1352. After the 57 revolution, the Majlis (the Islamic Consultative Assembly–trans.) ratified the Islamic penal code in 1362. It was to be implemented tentatively with a five-year probation period. Later in Mordad 1370, the same law including general provisions, hudud, qisas (lit: retaliation in kind–trans.), diyat (compensation paid to the heirs of a victim [blood money and ransom] –trans.) was passed by the judicial and legal commission of the Majlis. However, the final bill was ratified by the Expediency Discernment Council because there was a disagreement between Majlis representatives and the Guardian Council concerning this bill (the final ratification of any bill before enforcing it is by the Guardian Council. In case of an unresolved disagreement between Majlis and the Guardian Council, the Expediency Discernment Council arbitrates—trans.). In 1375, the laws of ta’zir and other deterrent punishments were added to the Islamic penal code. Its implementation was extended for another ten years. In Tir, 1383, the newspapers informed that drafting “the law for founding a national institution to defend the rights of citizens” has started. This draft included 8 chapters and 109 articles. According to Article 5 of this law, the death penalty was restricted to very exclusive cases of crimes in compliance with the irrevocable international rules of law.

Finally, to pass an inclusive and comprehensive law, in 1386, the judiciary branch prepared the Islamic penal code bill including the provisions, hudud, qisas, and diyat. The branch sent it to the government for approval. After government passed it, the bill was headed to the Majlis in Azar 1386. After many years of deliberations, the Majlis passed the bill forwarding it to the Guardian Council for final ratification in 1391. The Guardian Council sent it back to the Majlis with some comments to be addressed. Finally, in Dey 1392, the spokesperson for the Guardian Council informed of the final ratification of the law. The implicit elimination of stoning punishment and the obligation of the courts to issue a substitute punishment for the execution of juveniles under 18 years old were among the most important changes in the new law.

Iran has one of the world highest records for the most executions. Therefore, the state is continuously condemned by the UN human rights Council and the General Assembly. A remarkable number of capital punishments are related to drug trafficking cases. These punishments are not derived from hadd. In 1396, to alleviate international pressures because of the high number of executions, the judiciary branch of the Islamic Republic of Iran decided to eliminate death penalty for the suspects of drug trafficking. Then, the Majlis, by amending the law of combatting drug trafficking, eliminated death penalty for the suspects of this crime other than for the kingpins of the drug bands and when there is an armed drug trafficking.

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