Iran Update: Guardian Council Approves New Islamic Penal Code

Radio Zamaneh reported last night that the Guardian Council has approved legislation for a revised Islamic Penal Code, announcing that it does not contradict the principles of Shari’a or the Constitution of the Islamic Republic constitution.

Parliament said necessary reforms had been made; however, analysts claim that the code is still unchanged on matters such as stoning, dismemberment and execution of minors, and gender discrimination.

We re-post the critique of United4Iran and Arseh Sevom, originally featured on EA on 7 January:

The "Islamic Penal Bill" flouts Iran's legal obligations under the ICCPR [International Covenant on Civil and Political Rights]. The legislation endangers free expression and reinforces laws that violate the rights of Iranian citizens. The bill fails to prohibit stoning, lashing, and other cruel, inhumane, and degrading punishments; redress discriminatory laws; or, raise the age of majority for girls and boys. In a particularly worrisome clause, the bill expands punishment for "actions against national security", a charge that has routinely been used to persecute dissidents.

A review of the bill (pdf in Persianhub ) by Forum for Justice raises serious concerns about the following:

• Sexual relations outside of wedlock and extramarital affairs remain criminalized. The new bill does not proscribe stoning as a punishment and gives judges free reign to cite religious interpretations of the law, which allows them to continue using stoning and other harsh punishments. The bill states:

"The judge is duty bound to make all efforts to find the proper sentence in the codified laws. If he fails to do so he should issue the sentence in accordance with the valid Islamic sources or valid fatwas [ed: precedents based on interpretations of the law by recognized religious figures]. The judge cannot use the absence or insufficiency or brevity or conflict of the codified laws as an excuse to refuse to issue a verdict. "


• This bill allows for the execution of minors. Only minors who can prove they lack the mental ability to understand their actions and the prohibitions will be exempt.
• Several articles increase the severity of punishment for "action against national security." This is one of the most commonly used charges against dissidents, human rights defenders, and members of the Baha'i community.
• The new bill reinforces inequalities among citizens and fails to redress discriminatory laws against women and religious minorities.
• The value of a woman's testimony remains half of that of a man.
• Girls will continue to be treated as adults from the age of nine and boys from the age of fifteen in the case of criminal activity.
• Muslim women will continue to receive half the compensation for damages as Muslim men. Non-Muslim women will receive even less, with the damages awarded only a quarter of those awarded to a Muslim man.
• Same-sex sexual relations remain criminalized. Punishments can range from one hundred lashes to execution