Why Iran Must End the Death Penalty: A Case for Reform
As the world continues to grapple with the complexities of capital punishment, Iran stands at a critical juncture in its approach to the death penalty. Recent amendments to Iran’s drug laws, while a step in the right direction, highlight the need for a more comprehensive reform. Here, we delve into the reasons why Iran must consider abolishing the death penalty altogether.
The Current State of Capital Punishment in Iran
Iran has some of the toughest anti-drug laws globally, with the death penalty being a common sentence for drug-related offenses. However, in a significant move, the Iranian parliament and the Guardians Council recently amended these laws to increase the threshold for capital punishment. As of November 14, 2024, the death penalty is reserved for those trafficking 2 kilograms of hard drugs or more than 50 kilograms of cannabis or opium. This change is expected to reduce the number of executions, which have been a subject of international criticism.
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Human Rights Concerns and International Pressure
The use of the death penalty in Iran has been a major point of contention with international human rights groups. Organizations like Amnesty International and Human Rights Watch have consistently criticized Iran for its high execution rates, particularly for non-violent drug offenses.
“There’s a realization by the Iranian authorities that executions have not been an effective solution to drug trafficking,” says Tara Sepehri Far of Human Rights Watch. “Several Iranian officials have also spoken about the negative impact of executions on families.”
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The International Covenant on Civil and Political Rights (ICCPR), adopted by the United Nations, declares that every human being has the inherent right to life and prohibits the arbitrary deprivation of life. The ICCPR also sets out that the death penalty should only be imposed for the most serious crimes and not for crimes committed by persons below 18 years of age or for women while they are pregnant.
Domestic Criticism and Public Opinion
Domestically, there has been growing criticism of the extensive use of capital punishment. In November 2016, it was reported that 5,000 people were on death row for drug-related offenses, with the majority being first-time offenders aged 20-30. This has led to calls from lawmakers to halt the execution of petty drug traffickers and to consider the abolition of capital punishment for those involved in drug trafficking out of desperation or poverty.
“The government would surely welcome any measure that could counter the broad campaign by Iran’s adversaries to further demonize it,” says Vaez, highlighting the political motivations behind the recent reforms.
The Ineffectiveness of Capital Punishment
One of the key arguments against the death penalty is its ineffectiveness in deterring crime. Mohammad Baqer Olfat, the deputy head of the judiciary’s department for social affairs, noted that the death penalty had not deterred drug trafficking and suggested that traffickers should instead be given long prison terms with hard labor.
Examples from Other Countries
Other countries have shown that alternative punishments can be more effective. For instance, during Japan’s peaceful Heian period (794–1185), the emperor would commute every death sentence to deportation to a remote area, avoiding executions altogether. This approach was reinstated once civil war broke out, but it demonstrates that alternative measures can be viable.
International Law and Global Trends
The international community has been increasingly vocal about the need to abolish the death penalty. The United Nations General Assembly has repeatedly called for a worldwide moratorium on the death penalty with a view to abolition. In the most recent vote, 125 countries supported the resolution, while countries like the United States, Iran, and Saudi Arabia voted against it.
Table: Global Trends in Capital Punishment
| Country/Region | Status on Death Penalty | Recent Developments |
|---|---|---|
| Iran | Partially abolished for some drug offenses | Recent amendments increased threshold for capital punishment |
| United States | Retains capital punishment | Rarely ratifies international human rights instruments |
| European Union | Abolished in all member states | EU opposes death penalty at all times and in all circumstances |
| China | Retains capital punishment | Executions not publicly disclosed |
| Global | 170 states have abolished or introduced a moratorium | UN General Assembly resolutions call for abolition |
The Impact on Marginalized Communities
The death penalty in Iran disproportionately affects marginalized communities, including the Baluch ethnic minority. According to Amnesty International, this minority accounts for 20% of recorded executions despite making up only around 5% of Iran’s population.
“The huge spike in recorded executions was primarily down to Iran. The Iranian authorities showed complete disregard for human life and ramped up executions for drug-related offenses, further highlighting the discriminatory impact of the death penalty on Iran’s most marginalized and impoverished communities,” said Agnes Callamard, Amnesty International’s secretary-general.
Public Executions and Human Dignity
Public executions, which are still practiced in Iran, have been condemned by the United Nations Human Rights Committee as incompatible with human dignity. These executions often serve as a tool to instill fear in the population rather than to deter crime.
List: Reasons to End Public Executions
- Violation of Human Dignity: Public executions are seen as inhumane and degrading.
- Lack of Deterrence: There is no evidence that public executions deter crime more effectively than private executions.
- Psychological Impact: Public executions can have a traumatic impact on witnesses, especially children.
- International Condemnation: The practice is widely condemned by international human rights bodies.
- Alternative Measures: Other forms of punishment, such as long prison terms, can be more effective and humane.
Practical Steps Towards Abolition
For Iran to move towards the abolition of the death penalty, several practical steps can be taken:
Legislative Reforms
- Amend Laws: Continue to amend laws to increase the threshold for capital punishment and eventually abolish it for all non-violent offenses.
- International Cooperation: Engage with international human rights organizations and the United Nations to align with global standards.
Public Awareness
- Education Campaigns: Launch public awareness campaigns to educate citizens about the ineffectiveness and inhumanity of the death penalty.
- Media Engagement: Encourage media to report on the human impact of executions and the alternatives available.
Judicial Reforms
- Alternative Sentences: Implement alternative sentences such as long prison terms with hard labor for drug-related offenses.
- Judicial Training: Provide training for judges and legal professionals on human rights and the use of capital punishment.
The recent amendments to Iran’s drug laws are a positive step, but they only scratch the surface of a much deeper issue. The death penalty, particularly for non-violent drug offenses, is a violation of human rights and has been shown to be ineffective in deterring crime. As the international community continues to move towards the abolition of capital punishment, Iran must consider the long-term benefits of joining this global trend.
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In conclusion, the abolition of the death penalty in Iran is not just a moral imperative but also a practical necessity. It aligns with international human rights standards, addresses the ineffectiveness of capital punishment, and promotes a more humane and just society. As Magdalena Mughrabi of Amnesty International said, “The changes may contribute to a drop in the number of executions, but it will still condemn scores of people every year to the gallows for offenses that must never attract the death penalty under international law.” The time for comprehensive reform is now.
