BRIAN EGAN AND JOCELYN HUTTON
and one Swedish-Iranian national. There are a
FOREIGN NATIONALS
further 10 foreign nationals whose cases are still
A large number of the ‘others’ facing the death
penalty in Iran are drawn from other ethnic and
religious groups, rather than purely a different
nationality. Sometimes, these ‘othering’ factors are
under trial, nine of whom are Pakistanis and one,
Jamshid Sharmahd, is a German-Iranian. It should be
noted that the number of actual sentences and
executions is likely to be much higher.
compounded. For example, many of the ethnic
Of these 87 foreign nationals sentenced to
minorities in Iran are also religious minorities, with
death, 85 were men and two were women, both of
the Baluch, Azerbaijani-Turk, Ahwazi Arab and
whom were Afghan women executed on murder
Kurdish groups predominantly Sunni Muslim.
charges. Sixty-three of the 87 have already been
Moreover, citizenship isn’t neatly bounded for
executed and 21 await their execution. Two
these groups. Carolyn Hoyle and Lucy Harry note
Pakistani prisoners were technically allowed to be
that “citizenship is a key vector of disadvantage,
released following payment of blood money but
and increasingly a source of criminalisation,”
there is no evidence that they have actually been
however in the Iranian context, even domestic
released. One of those sentenced to death, Kamal
‘citizenship’ can be nebulous. Those falling outside
Solo from Syria, was physically released in July
the archetypal Iranian citizen – that is, of Persian
2020, shortly before his scheduled execution. This
ethnic origin and Shi’a Muslim religion – are quickly
followed intervention by Amnesty International on
constructed as non-citizen ‘other,’ with the death
grounds that he was not the person who had
penalty disproportionately leveraged against them.
committed the crime for which he had been
These policies have been used to viciously suppress
mistakenly sentenced to death. The crimes alleged
Kurdish revolts after the Islamic Revolution, in
include 37 foreign nationals sentenced to death for
addition to quashing other nationalist ethnic
murder, 35 for drug offences, four for terrorism,
uprisings and ethnically purging the Bahá’í.33
two for rape and robbery, two for treason and one
However, this article focuses on non-Iranian
for espionage. Those convicted ranged in age
nationals.
between 13 and 44 at the time of the crime, and
32
Foreign nationals are certainly at a significant
disadvantage on death row. The UN Special
20 and 54 at the time of execution.
Afghan
nationals
are
particularly
Rapporteur on Iran has highlighted that “there are
overrepresented for two core reasons. Firstly,
persistent concerns about the situation of dual and
there is a large refugee and migrant population in
foreign nationals who remain imprisoned in the
Iran, which is at the socio-economic margins of
Islamic Republic of Iran,” many of whom are on
society. Secondly, the logistics of drug trafficking
Afghan, Iraqi and Pakistani nationals
from Afghanistan to Europe via Iran ensure that
comprise the majority of these. For example, of the
cross-border trafficking involves many Afghan
87 recorded death sentences in Iran for foreign
nationals. For example, a leaked U.S. Embassy
nationals since 1 January 2016, the Death Penalty
report revealed that over 80% of global opium and
Research Unit has found 68 of these were Afghan
20% of global heroin was estimated to be
nationals, 12 Pakistani nationals, three Iraqi
transported through Iran.35 The UN Office on Drugs
nationals, two Turkish nationals, one Syrian national
and Crime (UNODC) reports that “approximately
34
death row.
5