Proposed Legislation on Expanding Capital Punishment
The following legislation was introduced in Iran’s Parliament on 2 July 2008. It expands crimes punishable by death to include certain blogging and website activities, vaguely defined as the “Establishment and operation of weblogs and websites promoting corruption, pornography, and atheism.”
The following translation is based on the Persian text of the legislation as reported by the Iranian Students News Agency, available here.
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Toughening Punishments for Disturbing the Mental Security of Society
Introduction (Justification for necessity of this proposal):
One of the State’s most important responsibilities is to provide social and mental security in the society. Unfortunately, according to reports from responsible authorities, a few criminals deprive people of security.
In order for security to be felt in the society, all officials must cooperate to provide for mechanisms and appropriate actions to discover crime, and to pursue and punish criminals. This process requires proper legal mechanisms. Therefore proposed legislation on Toughening Punishments for Disturbing the Mental Security of Society is presented below with one order of urgency:
Article 1– Upon approval of this legislation, the prosecution of all crimes of disturbing the mental security of the society will proceed according to the laws set forth in this legislation.
Article 2– The crimes relevant to Article 1 are the following:
2.1 Banditry and armed robbery
2.2 Rape
2.3 Formation of corruption and pornography gangs
2.4 Establishment and operation of weblogs and websites promoting corruption, pornography, and atheism
2.5 Human Trafficking for the purpose of sexual exploitation
2.6 Wickedness
2.7 Kidnapping for ransom or rape
Article 3– The punishment for persons committing the above crimes, if not determined elsewhere, are to be as enemies of the state (Mohareb) and enemies of God on Earth (Mofsed fe-al-arz) [Punishable by death penalty under Islamic Penal Code]
Article 4– The courts shall confiscate transportation vehicles and locations used to commit the above crimes.
Note: If it is proven the owner of such property was not aware of their use for criminal activity, the criminal must pay the court the amount equal to the value of the property.
Article 5– Prosecution of the above crimes in all stages (Prosecutor’s Office, Lower Court, Appeals Court, and Supreme Court) must take place outside of the existing queue and must be prosecuted in special branches set up by the head of the Judiciary.
Note: Processing in the Appeals Court and the Supreme Court must take place in a maximum duration of 20 days.
Article 6– Punishments for crimes described in this law are not subject to reduction, replacement, or suspension.
Article 7– Temporary detention of suspects accused of these crimes must be for a minimum of one month.
Article 8– Any agents who participate by any means in committing these crimes, or have knowledge of them, and do not pursue the criminals or provide for their escape, shall receive the maximum punishment under the law.
Article 9– In order to facilitate discovery of crimes listed in article 1 and 2 of this law, Special Committees must be formed in the Capital, provincial capitals, and centers of districts.
A: The Special Committee in the Capital will be comprised of:
- First Deputy of the Judiciary
- Prosecutor General
- Director of Police Forces
- Deputy of Intelligence Ministry for Security
- Deputy of Ministry of Interior for Security
- Commander of Basij
- Director of National Radio and Television
B: The Special Committee in provincial capitals will be comprised of:
- Governor
- Chief of Provincial Judiciary
- Director of Provincial Branch of Intelligence Ministry
- Director of Police Forces
- Chief Prosecutor
- Commander of Basij
- Provincial Director of Radio and Television
C: The Special Committee in District Centers will be comprised of:
- Mayor
- Chief of Local Judiciary
- Prosecutor
- Director of Intelligence
- Director of Police Forces
- Commander of Basij
Note: The Special Committees will be headed by the Judiciary and the Secretary is from Interior Ministry.
Article 10 – The duties of the Special Committees will be to coordinate and investigate all stages of prevention, discovery, investigation, pursuing of the criminals, and implementing punishments.
Article 12– The National Radio and Television will be responsible for propagating prevention programs as devised and produced by the Special Committees.
Article 13 – The crimes that are the subject of this law will be processed in central judicial units of each town.
Article 14 – The procedural regulations of this law must be prepared by the Special Committee of the Capital within a maximum of three months and approved by the Supreme Council of National Security.
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