"Islamic Republic of Iran and Execution for Adultery and Homosexuality"

Eghtedari looks at the punishments for adultery and homosexuality using a primarily human rights based perspective. It can be stated that the Islamic Republic's penal code is in contradiction with the International Bill of Human Rights at least according to the following criteria:

  • Death penalty for adultery and homosexuality is against the ICCPR and UDHR, because non of these acts can be considered a "serious crime" or crime of violence. Needless to say that some of these acts not only are not called crimes in the rest of the world but are accepted as Human Rights.
  • Stoning to death, amputation and beheading are inhuman and cruel punishments that can be considered torture. As such they are against all international treaties and Human Rights conventions.
  • The actual practices of the Iranian judicial system and the Islamic jurisprudence do not eliminate capital punishment for juveniles below 18 years of age , which is in full contradiction with ICCPR and all international standards of Human Rights.

In conclusion it can be said that the Islamic Republic of Iran should either withdraw her signature from the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights or follow the binding legal obligations stipulated in these bills by revising the penal code. The second alternative however, does not seem likely unless a total separation of religion and state is declared. 

Author: 
Eghtedari, Goudarz
Year: 
1997
Source publication: 
Paper presented at Center for Iranian Research Analysis (CIRA) Conference, Atlanta