Essay: Current State of the Death Penalty in Iran
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Introduction
The application of the death sentence in Iran has drawn the attention of international observers because of its disturbing effects on human rights, especially women, people of colour, and religious minorities. This essay explores Iran's present use of the death penalty and shows how seriously it violates international human rights norms. The blatant disdain for the fundamental liberties contained in the Universal Declaration of Human Rights (UDHR), particularly Article 18, which protects the right to freedom of thought, conscience, and religion, is at the heart of this critique. These fundamental ideals are in sharp contrast to Iran's treatment of religious minorities, as demonstrated by the persecution of Christians and the prohibitions placed on Sunni Muslim customs. Furthermore, systematic violations of human rights are highlighted by the unfair treatment of women in Iran's legal system, particularly when it comes to situations where women face the death penalty even when they have been abused at home. This essay seeks to highlight the urgent need for reform in Iran's criminal justice system to preserve fundamental freedoms and human dignity by examining these important concerns.
Understanding, if Iran’s use of the death penalty is a violation of international human rights, is important as Iran has caused international concerns due to the increasing rates of executions. According to Protocol No. 3 to the European Convention on Human Rights ‘in countries which have not abolished the death penalty, the sentence of death may be imposed only for the most serious crimes following the law in force’. The Iranian constitution in 1979 declared itself an Islamic republic hence basing its legal frameworks on the Islamic penal code. As such, this creates an issue of international sensitivity to where it is hard to intervene when the death penalty has been intertwined with religion.
Religious Minorities
The way the Iranian government treats religious minorities—especially when it comes to the death penalty—violates international human rights law, as stated in Article 18 of the Universal Declaration of Human Rights. The freedom of mind, conscience, and religion—which includes the freedom to express one's religion via instruction, practice, worship, and observance—is guaranteed by this article. But people who identify as members of religious minorities—like Christians—face harsh persecution in Iran. For example, people who belong to house church networks have received lengthy prison sentences only for attending what the government considers to be "illegal gatherings" that are connected to their Christian faith. This reveals a flagrant disdain for the HR's definition of the basic right to religious freedom. Furthermore, there are substantial barriers to Sunni Muslim practice in Iran. They have reported on government closures of Sunni prayer halls regularly and limitations on the construction of mosques in Shia-majority cities such as Tehran. In one case, Sunni parliamentarians brought attention to institutionalised discrimination against religious minorities, citing the closing of a Sunni prayer centre in Eslamshahr and the prohibition of congregational prayers during Eid-al-Fitr in Tehran. These acts worsen the injustice in Iran's criminal justice system, especially concerning the application of the death penalty based solely on religious affiliation. They also contribute to an atmosphere of fear and persecution, infringing upon people's right to freely practise their religion.
Ethnic Minorities
International human rights organisations have highlighted that minorities and foreign or dual nationals are likely to be subjected to unjust treatment by the Iranian constitution, such as executions going unreported. This comes in direct violation of Article 5: Freedom from torture and inhumane or degrading treatment. Several human rights organisations have delved deeper and investigated the abnormal data on annual death penalty figures in Iran and have suggested that the number of executions has increasingly grown. For example, the Kurdish human rights monitoring group portrayed the killing of 51 Kalbaran and 71 injured in 2016 alone. It is also worth mentioning that this is just one isolated case and the true scale and scope of the issues faced by foreign nationals at risk of the death penalty in Iran cannot be measured due to the lack of accuracy in statistics and transparency from the Iranian authorities itself. For example, the execution of Hassan Abyat, who was an Ahwazi Arab, and Arash Ahmadi, a Kud, were arrested and interrogated with the use of torture, forcing them to ‘confess’. This arrest, followed by their execution was done in secret, and without the family being informed. They were thereafter villainized on state media to justify the execution, instilling fear into the ethnic minorities of the nation and getting away with their unjust actions. This is a clear violation of international human rights not only through the discrimination and fear they live in daily to freely practise their religion but also the inhumane and degrading treatment being used behind these unreported executions. Therefore, we can see how Iran’s use of the death penalty against ethnic minorities is a violation of international human rights through torture techniques and ill-treatment.
Gender Bias
Lastly, Iran has been found liable for many human rights violations against women. Women have been found guilty of capital punishment which legally is sound however there are mitigating factors that the government and the legal system do not take into consideration. Women have been seen as second-class citizens; this can be seen in laws such as Article 18 of the Passport Law which states ‘A woman is required to have the permission of her husband before she can leave the country or obtain a passport or Article 10401 of the civil code ‘marriage before the age of puberty is prohibited.’ This law implies that girls from the age of 13 can marry with the approval of their father and grandfather. These are some laws that illustrate the lack of rights women have in Iran. These complex themes are analysed as factors that may drive females to commit crimes against men, such as a history of domesticabuse or child marriage, consequently leading to the death penalty. An example of this is reported by the BBC where three women have been executed for murdering their husbands. However, these women were former child brides, married at the age of 15 to older men. The power dynamics meant they were susceptible to domestic abuse. Although, the Iranian court did not consider domestic abuse. It has been found that at least 188 women have been executed between 2010-2022, mainly for murder. In comparison, the UK has considered domestic abuse, emotional and physical in court. This can be portrayed in the case of Sally Challen, who was emotionally abused by her husband and killed him with a hammer. The court set her free with no prison sentence. This comparison highlights the necessity for the courts to take into consideration broader factors that may culminate in a crime. The death penalty disregards any possibility of consideration of past trauma, handing disproportionate consequences to complicated crimes.
Conclusion
In conclusion, the current state of the death penalty in Iran represents a clear violation of numerous human rights laws such as freedom of speech, freedom of belief, and the freedom of choice. This situation is deeply alarming, urging the UN Human Rights Council to stop executions. This essay explores how women and ethnic and religious minorities have been victims of this egregious practice affirming the need for urgent reform and respect for human dignity within Iran’s criminal justice system.
Bibliography:
Statute
Universal Declaration of Human Rights
Articles
Philpott D, ‘Religious freedom in international human rights law’ (2020)
Egan B, ‘The Politics of Capital Punishment for Foreign Nationals in Iran’ (2023)
Minorities Right Group International , ‘Rights Denied: Violations against Ethnic and Religious Minorities in Iran’ (2018)
Websites
Amnesty International, ‘Iran: Chilling Execution Spree with Escalating Use of Death Penalty against Persecuted Ethnic Minorities’ (Amnesty International2 March 2023)
'Iran: Ex-child bride among three women executed in one day - report' (BBC, 29 July 2022)<https://www.bbc.co.uk/news/world-middle-east-62342689> accessed 11 April 2024
Iran human rights, 'Women Executed in Iran in 2022' (Iran Report, 22 April 2022) <https://iranhr.net/en/articles/5825/> accessed 11 April 2024‘
Part 3: Iranian Laws on Women’ (The Iran Primer, 17 November 2023) <https://iranprimer.usip.org/blog/2020/dec/08/part-3-iranian-laws-women#:~:text=Text%20of%20the%20law%3A,written%20agreement%20of%20their%20husbands.”> accessed 11 April 2024
‘Sally Challen Walks Free as Court Rules out Retrial for Killing Abusive Husband’ (The Guardian, 7 June 2019) <https://www.theguardian.com/uk-news/2019/jun/07/sally-challen-will-not-face-retrial-for-killing-husband> accessed 11 April 2024
Sands SU and L, ‘Iran: Ex-Child Bride among Three Women Executed in One Day - Report’ (BBC News, 29 July 2022) <https://www.bbc.co.uk/news/world-middle-east-62342689> accessed 11 April 2024
‘Women Executed in Iran in 2022’ (Iran Human Rights | Article: Women Executed in Iran in 2022 |) <https://iranhr.net/en/articles/5825/> accessed 11 April 2024
