Assessing Iran’s death penalty laws in light of regional human rights standards

Abstract

In recent years, international law has made significant progress in abolishing the death penalty, particularly in Europe. The adoption and signing of international instruments related to the death penalty have raised hopes that new governments will abolish it and have prevented a regressive trend against its abolition. Thinkers like Victor Hugo and Beccaria believe the death penalty is cruel. They questioned its utility and noted that crime rates in countries that have abolished the death penalty are not higher than in those that have retained it. They emphasized the irreparable nature of executions, especially in cases of judicial errors. They expressed amazement at how society condemns someone for murder and then calmly executes them. However, public opinion remains somewhat unconvinced. Many people still adhere to the principle of "an eye for an eye, a tooth for a tooth," especially in cases of heinous crimes. Some believe the deterrent nature of the death penalty may play a peaceful role in certain crimes. Others oppose this view, citing the recurrence of such crimes. They fear that the victim's right to life is considered secondary to the criminal's right to life. Although these efforts have influenced the laws of some countries, leading to the abolition of the death penalty in nations like Portugal, Costa Rica, Brazil, and Ecuador, the abolition movement faced serious obstacles in the early 20th century, such as the rise of dictatorships in Europe and the World Wars, which delayed their actions and led to the reinstatement of the death penalty. However, the horrific misuse of executions by the Nazi regime spurred post-war actions towards abolition. The abolitionist movement led to the adoption of many international and regional protocols and conventions limiting or abolishing the death penalty. With new teachings in the history of criminal thought, several countries revised their domestic laws to abolish the death penalty, with European countries leading the way. Although many Asian and African countries have made efforts to restrict or abolish the death penalty, they have made very little progress in this area. Today, the death penalty has been abolished in many countries worldwide and is only practiced in certain regions, including the United States, parts of Africa, and countries that follow Islamic law.