Iran: The competent authority/court with legal jurisdiction to sentence a convicted criminal to death; whether a death sentence can be handed down in absentia; if so, the procedure involved, including whether the family of the convicted individual in absentia would be notified that a death sentence had been handed down
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 20 April 2004 |
| Citation / Document Symbol | IRN42504.E |
| Reference | 2 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Iran: The competent authority/court with legal jurisdiction to sentence a convicted criminal to death; whether a death sentence can be handed down in absentia; if so, the procedure involved, including whether the family of the convicted individual in absentia would be notified that a death sentence had been handed down, 20 April 2004, IRN42504.E, available at: https://www.refworld.org/docid/41501c21e.html [accessed 25 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Information on the procedures surrounding the issuance of a death sentence is scarce among the sources consulted by the Research Directorate.
The competent courts with legal jurisdiction to sentence a convicted criminal to death are the Common or Ordinary Courts, and the Revolutionary Courts (Iran n.d.a; UN 27 June 2003, 7; see also AFP 29 Sept. 2002, AFP 23 Nov. 2002 and HRW 2003, 445).
Section 232 of the Iranian Code of Criminal Procedure provides that the decisions of the Common Courts and the Revolutionary Courts are final, except when the punishment handed down is severe-such as in cases involving the death penalty (UN 27 June 2003, 7). Cases of individuals who have been sentenced to death can be appealed to the Supreme Court (Iran n.d.a; AI 10 Oct. 2003; see also BBC 13 Oct. 2003, AFP 8 Feb. 2003 and HRWF 12 Feb. 2003), which is the highest judicial authority in Iran (Iran n.d.b). Where the punishment of stoning has been handed down for the offence of adultery, "[t]he death penalty can only be executed once it has been confirmed by the Supreme Court or when no appeal has been entered" (Belgium Sept. 2002, 10). However, in practice, the Supreme Court generally refers the case back to a "court of the same instance" for review of the case, which usually alters the penalty to a less severe punishment (ibid.).
In cases involving persons in absentia, the Civil Procedural Law of Iran provides that in criminal proceedings, a failure to appear in court and a failure to file a defense with the court will result in the court proceeding with the hearing, unless the attendance of the accused is required, at which time the court will issue a summons (Iran n.d.a). A failure to appear in court on the order of a subpoena without justification "shall not cause a delay in the issuance of the judgement" (ibid. n.d.b), as the person who fails to appear in court after a summons has been issued will be arrested and brought to court (ibid.).
[Where] a subpoena for attending the court's hearings had been served on the accused, and he or his attorney submitted no written statement to the court, or did not attend any of the court's hearings, the judgment when issued shall be called, 'judgment in absentia' and can be protested to the same court within 10 days from the date it is served. In case the accused has hidden himself and cannot be summoned and arrested, the court shall assign an attorney ... on his behalf and ... carry on the investigations with respect to the allegations and will [conclude] the proceedings with [an] issuance of the judgments. This judgment will be subject to a protest to the same court within 10 days (ibid. n.d.a).
Information on the precise procedure followed when the death penalty is handed down in absentia, including whether the family of the convicted individual in absentia would be notified that a death sentence had been handed down, could not be found among the sources consulted by the Research Directorate.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.
References
Agence France Presse (AFP). 8 February 2003. "Iran Dissident's Death Penalty Still in Question: Lawyer." (NEXIS)
_____. 23 November 2002. "Iranian Court Sentences 12 Gang Members to Death." (NEXIS)
_____. 29 September 2002. "Five Publicly Executed in Tehran for Gang Rapes, Extortion." (NEXIS)
Amnesty International (AI). 10 October 2003. "Death Penalty: Cases and Developments 2003." AI Index: ACT 50/011/2003. BBC. 13 October 2003. "Iran: Judiciary Orders Stay of Execution on Woman Who Killed Policeman, Says MP." (Dialog)
Belgium. September 2002. Office of the Commissioner General for Refugees and Stateless Persons (CEDOCA). "Report on the Mission to Iran: 16 May to 6 July 2002." Human Rights Watch (HRW). 2003. "Iran." Human Rights Without Frontiers (HRWF). 12 February 2003. "Iran: Iranian Scholar 'May Escape Execution'." Iran. n.d.a. Judiciary. "Revolutionary Courts." _____. n.d.b. Judiciary. "Supreme Court." United Nations (UN). 27 June 2003. Economic and Social Council. "Civil and Political rights, Including the Question of Torture and Detention: Report of the Working Group on Arbitrary Detention. Visit to the Islamic Republic of Iran." Additional Sources Consulted
Iran-based lawyer.
A New York-based lawyer, with offices in Tehran, did not respond to a letter requesting information.
Two London-based lawyers, with knowledge of Iranian law and legal system, did not respond to a letter requesting information.
Internet sites, including: Country Reports on Human Rights Practices for 2003, Deputy of Judicial Training, Dialog/WNC, European Country of Origin Information Networks (ECOI), The Iranian, Iran Press Service, Islamic Republic News Agency (IRNA), Pars Times, United Nations High Commissioner for Human Rights (UNHCHR), United Nations Integrated Regional Information Networks (IRIN).
