Drug Reform Bill Approved by Majles: Prison Rather than Death for Trafficking Under 50 Kilograms of Opium
Majles Approves Execution Reform Measure: Prison Sentences for Opium Trafficking Under 50 Kilograms
If implemented, the law could save more than 5,000 from death row.
After much back-and-forth, the final version of a Majles Legal and Judicial Commission provision meant to adjust capital punishment for drug traffickers was finally approved by [the general assembly of the Majles] yesterday.
If implemented, the law could save more than 5,000 from death row.
Per the measure, individuals who from now on traffic more than 50 kilograms of opium, produce or distribute more than one kilogram of synthetic drugs, or transport or store more than 2 kilograms of synthetic drugs – even for the first time – will be sentenced to death [with no possibility of reduction or commutation.] Those who have previously been sentenced to more than 15 years’ imprisonment and are arrested again a second time will be similarly affected.
Jalil Rahimi Jahanabadi spoke to Iran Newspaper about the details of the provision: “Yesterday, after several rounds of renewed review, members of the Legal and Judicial Commission presented the execution bill to the Majles’ general session. With the approval of this plan, severe though not mandatory punishment has finally been turned into a punishment which is lighter by one degree though mandatory. This is the main issue here.”
According to Jahanabadi, when a reduction in sentence is recognized for offenders in the criminal code, the reduction [affects all cases] and becomes retroactive.
According to Rep. Jahanabadi, when a reduction in sentence is recognized for offenders in the criminal code, the reduction affects all cases and becomes retroactive.
The clause [contains language stating] that from the time of approval on, it shall encompass those who are presently in prison, for whom severe punishments have been determined, and who have been sentenced to death: their sentences will not implemented.
“Where a final execution ruling has been issued for drug offenders which, in light of the new law, is [eligible for] reduction, offenders will be sentenced to life in prison. Those [sentences] for which conditions for execution hold will lessened to life in prison or other [punishments] on the basis of how the crimes were committed,” Jahanabadi said.
Jahanabadi also noted that the new sentences contained in the provision will be enforced for persons whose cases are presently in the investigation, appeals, and implementation stages, in addition to those who have received a final capital sentence. According to figures presented by the Legal and Judicial Commission spokesman, capital sentences have at present been issued for between 4,700 to 5,000 people: if they meet the aforementioned conditions, these will be reduced to life in prison or other [punishments] on a case-by-case basis. Alternatively, a number of these offenders will be considered “corruptors on Earth” and sentenced to executions and confiscation of all assets. This is of course all conditional on the Guardian Council.
This is of course all conditional on the Guardian Council.
According to the Legal and Judicial Commission’s chairman, [other conditions which will continue to merit the death penalty] on the basis of the new law include: instances where a person committing a crime, or at least one person [in a group committing a crime jointly,] have drawn either cold weapons or firearms, have carried a firearm with intent to use it; where such persons have played a role in organization, management, command, financial support, or investment; or where such persons have made use of children or adolescents under 18, or [persons not capable of acting independently] in committing a crime.
Those arrested for carrying less than the specified amounts who do not have a sentencing history of more than 15 years will also not be sentenced to death.