De-violentization of Iran’s Substantive Criminal Law in Light of International Instruments

Abstract

Iranian substantive criminal law still reflects manifestations of violence in a considerable part of its provisions, including corporal punishments, long-term imprisonment, and severe restrictions on individual rights and freedoms. At the international level, human rights instruments such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the Convention against Torture, by emphasizing the inherent dignity of the human person, have influenced the process of de-violentization in the criminal policies of states. Focusing on Iranian substantive criminal law, this article seeks to examine the extent and manner of the impact of these instruments on reducing manifestations of violence and promoting decriminalization and depenalization. The present study was conducted using a descriptive-analytical approach and a library-based method. The data were collected from domestic sources, including Iranian criminal laws, the Taʿzirat Bill, jurisprudential works, and legal studies, as well as international sources, including binding and soft-law human rights instruments, interpretations issued by supervisory committees, and international practices, and were then analyzed through a comparative method. The study shows that international instruments have influenced Iranian substantive criminal law in three main areas: decriminalization of certain behaviors or limitation of the scope of criminalization, particularly in the domain of individual and social freedoms; complete or relative depenalization through the abolition or reduction of the severity of certain punishments and the expansion of alternatives to imprisonment; and moderation of punishments in line with the principle of proportionality between crime and punishment and with due regard to human dignity. Nevertheless, significant gaps remain between international requirements and domestic laws, and certain punishments continue to conflict with international standards. International instruments have played a decisive role in orienting the process of de-violentization in Iranian criminal law; however, their impact is more evident at the discursive and policy-making levels than at the levels of legislation and implementation. The persistence of certain jurisprudential, cultural, and institutional barriers has hindered the full realization of this process. Reforming criminal laws, strengthening supportive institutions, and promoting a human rights culture in society can facilitate greater alignment of Iranian criminal law with international standards.