Jan. 13
IRAN:
The Judiciary Must Provide Legal Aid To All Death Row Prisoners For Drug
Offences
According to Iranian media, the head of the country's Judiciary system has
ordered a Supreme Court's Uniform Procedure Decision come into effect. The
decision halts the execution of drug defendants, to review their cases.
However, the Supreme Court's verdict was issued in November 2017.
Iran Human Rights (IHR) has a few points for clarification. The new amendment
to Iranian drug law, which was enforced on November 14, can reduce the number
of defendants on death row. According to official statistics, the number
exceeds 5300. However, there are still some dubious points about the reports
that need an explanation.
Most importantly, it is not clear whether the defendants or the Section for
Implementation of Sentence should file an appeal.
A January 9 report notes that "The judges responsible for implementation of
verdicts are obligated to immediately delay executions and pursue all cases
that are subject to Clause (b), Article 10, of the Islamic Penal Code enacted
in 2013, and give the priority to the death-row prisoners. If the new Article
applies to them and their sentence can be then reduced, the judges should send
the case along with a brief explanation to the branch of the Revolutionary
Court that issued their final verdict, or a substitute branch. If the defendant
personally asks for a reduction of punishment, the judges responsible for
implementing verdicts are obliged to send their appeal to the court along with
their case." Supreme Court General Council issued a Uniform Procedure Decision
and announced that according to the new drug law, if a death-row prisoner who
is charged with drug-related offences," another report published on Sunday,
January 7, emphasises, "files an appeal, his sentence will be halted, and his
case will be sent to a parallel court.
Does this mean that the cases of the death-row drug offenders will be
reconsidered, only in the situation that defendant himself appeals?
"The new law can halt the execution of thousands of prisoners which is the most
important step towards the limitation of the death penalty worldwide," says
Mahmood Amiry-Moghaddam, spokesperson of Iran Human Rights (IHR).
Nevertheless, Amiry-Moghaddam indicates: "if the defendant himself is
responsible for appealing, then the law will be proved ineffective. Most
death-row drug offenders come from the lower end of Iranian society's
socio-economic continuum who do not have enough knowledge about their legal
rights and are not aware of the possibility of pursuing their case to appeal.
If they Judiciary remarkably wishes to reduce the number of executions, it has
to provide all death-row prisoners with legal aids."
(source: Iran Human Rights)
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