Iran: Whether the "being against God and His Messengers" is codified as an offence in Iran; proceedings in martial court for this offence; penalties applicable in law and practice
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 3 October 2001 |
| Citation / Document Symbol | IRN37740.E |
| Reference | 7 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Iran: Whether the "being against God and His Messengers" is codified as an offence in Iran; proceedings in martial court for this offence; penalties applicable in law and practice, 3 October 2001, IRN37740.E, available at: https://www.refworld.org/docid/3df4be472c.html [accessed 17 September 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
The following information was provided in a 1 October 2001 telephone interview by a professor of history at Pace University, Pleasantville, New York. The professor is the author of a book entitled Human Rights in Iran, published by University of Pennsylvania Press, in August 2001.
On the legal foundations of the offence of "being against God and His Messengers" and the penalties required for those who have been indicted under this offence, the professor stated that there is no reference to this offence in the legal code of the Islamic Republic of Iran. However, this offence can be invoked to convict those who are targeted by the Iranian authorities. In general, any person who breaks away from Islam could be charged with "being against God and His messengers." Charges based on this offence are subject to the political expediency of the Iranian clerics, and depending on whom the clerics want to punish. Ultimately, any act perceived as a crime against the Islamic Republic of Iran could be considered as "being against God and His messengers."
According to the professor, the following persons can be targeted for this offence:
1) Those who oppose, or voice their opposition to, the principle of the velayat-e faqih (rule of the supreme jurist) which is enshrined in the constitution subject to the interpretations of the highest ayatollah;
2) Those Muslims that commit apostasy, which is the ultimate crime in Iran;
3) Members of other religious groups, such as the Ba'hai;
4) Women who do not conform, or oppose, restrictions that have been imposed on them on religious grounds;
5) Secular persons for different reasons.
On the penalties applied for those who are convicted of "being against God and His messengers," the professor stated that it will depend on who is being convicted and on the connections the person convicted may have with the clerics.
On charges of "being against God and His messengers" in martial court proceedings, the professor stated that the offence was invoked in the past to charge some army officers, who then received stiff sentences.
A representative of the London-based Centre for Arab and Iranian Studies (CAIS) provided the following information in a 3 October 2001 telephone interview. The offence of being "against God and His messengers" is not enshrined in any Iranian legislation or penal code. Only a few people would be charged under this offence. It would be invoked only when the prosecutors are absolutely sure that the convicted person would definitely receive the death penalty. Well-known political and religious personalities rather than ordinary Iranian citizens would be charged under this offence. Although apostasy, or the conversion from Islam to another religion, is considered as the ultimate crime in Iran, it would not be punished under the terms of "being against God and His messengers."
The representative also stated that there has been about 30 such cases over the last eight years that coincide with the presidency of president Hashemi Rafsanjani, and that he knew the details of all these cases. Of all those who have been charged, he said, only two have been executed. The others have either been imprisoned or released.
No further information on the offence of "being against God and His messengers" and its legal and practical implications could be found among the sources consulted by the Research Directorate.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of sources consulted in researching this Information Request.
References
Centre for Arab and Iranian Studies (CAIS), London, UK. 3 October 2001. Telephone interview with representative.
Professor of History, Pace University, Pleasantville, NY. 1 October 2001. Telephone interview.
Additional Sources Consulted
One oral source could not provide information within the research time limits.
Three oral sources could not reached within the research time limits.