Tehran Prosecutor Reports on the Reversal of Qisas Sentences for Six Defendants Under 18

The Tehran prosecutor announced that this institution, based on Islamic Penal Code, has submitted a request to the courts for the reversal of the qisas sentences for 10 defendants under 18 years old, of which six have been accepted. According to the state news agency IRNA, Abbas Jafari Dolatabadi stated on Wednesday, February 8, that Article 91 and Note of Article 302 of the Islamic Penal Code propose solutions to prevent the issuance of death sentences in certain cases. According to Mr. Jafari Dolatabadi, the Tehran Prosecutor's Office has taken appropriate measures while reviewing the cases of those sentenced to qisas and individuals under 18 who have been sentenced to death. He reported that the Tehran Prosecutor's Office, based on Article 91 of the Islamic Penal Code, has requested the reversal of 10 qisas sentences, of which six have been accepted. According to Article 91 of the Islamic Penal Code, 'in crimes punishable by hadd or qisas, if individuals under 18 years old do not comprehend the nature of the crime committed or its sanctity, or if there is doubt about their maturity and rationality, they shall not be sentenced to qisas and other punishments will be determined for them.' According to the note of this article, 'the court may seek the opinion of forensic medicine to determine maturity and rationality or use any other means it deems appropriate.' Human rights organizations have repeatedly expressed concern over the execution of individuals who were under 18 at the time of committing their crimes, stating that many of these defendants are awaiting execution in Iran. Amnesty International previously reported that between 2005 and 2015, at least 73 offenders who were under 18 at the time of their crimes were executed in Iran, and according to the United Nations, at least 160 other offenders are awaiting execution. Recently, this organization reported that Hamid Ahmadi, who was sentenced to death for murder at the age of 17, is scheduled to be hanged on February 12 after being transferred to solitary confinement in Lakan Prison in Rasht. Mr. Jafari Dolatabadi also announced on Wednesday that the Tehran Prosecutor's Office has requested a review of 17 qisas cases based on Note of Article 302 of the Islamic Penal Code, which has resulted in the reversal of three sentences. According to Note 2 of Article 302 of the Islamic Penal Code, if an individual kills someone while defending themselves and 'exceeds the limits' of self-defense, they will not be sentenced to qisas but will be sentenced to pay diyyah and 'ta'zir punishment.' The Tehran Prosecutor also stated that this institution has proposed the application of Article 477 of the Criminal Procedure Code regarding 44 death sentences issued for drug and murder convicts to the head of the judiciary. He reported that the Prosecutor's Office has formed a committee aimed at reviewing death sentences before they are carried out. The Tehran Prosecutor urged prosecutors and judges to exercise caution in executing sentences and to notify the Prosecutor's Office if they determine that a sentence is 'contrary to Islamic law' before execution. According to Article 477 of the Criminal Procedure Code, if the head of the judiciary determines that a final ruling issued in the courts is 'contrary to Islamic law,' he issues an order for retrial, and the case is sent to the Supreme Court for review. The UN Human Rights Committee and other human rights organizations have repeatedly criticized the high rate of executions in Iran. The imposition of the death penalty for drug traffickers has been cited as one of the reasons for the high execution rate in Iran. The Iranian parliament approved a proposal in early December with urgency that, if finally approved, will impose punishments other than death for some drug offenders. Meanwhile, Mohammad Jafar Montazeri, the Attorney General of the country, recently emphasized that the death penalty will not be removed from the anti-drug law and that only some aspects of the issuance of death sentences in this law may be amended. Previously, Mohammad Baqer Alfat, the Deputy for Social Affairs and Crime Prevention of the judiciary, stated that the execution of 'drug traffickers' in Iran has not been 'deterrent.' In this context, UN experts have called for the halt of the execution of Sajjad Sanjari. Two human rights organizations have urged Iran to stop the execution of 12 drug offenders. FIFA is working to 'prevent the execution of convicts in Iranian stadiums.'