DPRU RESEARCH PAPERS
1,000 [million tonnes of] opium and 140 mt heroin
that they were targeted because of their efforts to
flow into the Islamic Republic of Iran via these
support Kurdish self-determination, and not, or not
36
borders,” which are “1,845 km long and consist of
mainly mountainous or harsh desert terrain.”
37
A 2013 Afghan parliamentary delegation
reported that there were between 1,200-4,000
Afghan nationals on death row in Iran, 38 although
purely, due to the charges on their indictments.
Hence, we can see that both foreign nationality, but
also, perhaps more crucially in Iran, ethnicity and
religion play a large part in determining who is most
at risk of the death penalty in the country.
there is reason to believe that this number has
Across every retentionist jurisdiction, two
drastically declined in the wake of the 2017 Anti-
things become immediately apparent: due process
Narcotics Law reform. In response to the
violations are inherent to the apparatus of capital
mobilisation of Afghan civil society, the Afghan
punishment;
Government urged its Iranian counterpart to stop
disproportionately afflicted by these procedural
executing Afghan nationals.
39
and
the
most
vulnerable
are
Whilst this, in
failures. Foreign nationals are a particularly
conjunction with the reform of drug laws, has
vulnerable group, facing a range of practical
undoubtedly led to a reduction in the number of
difficulties. Firstly, foreign nationals on death row in
Afghan
some
Iran are likely to be unfamiliar with the legal system
commentators note that it is also likely to have
and their ancillary rights, such as the right to
encouraged particular secrecy for those executions
consular access under the Vienna Convention
nationals
being
executed,
40
that do still go ahead. Given the Taliban takeover
(whether or not this is granted is another matter).42
of Afghanistan in August 2021, it is likely that
They are unlikely to receive adequate legal support
intergovernmental negotiations on this will not
or assistance, particularly as they are isolated from
continue.
protective networks of families or friends. This is
Pakistani nationals are the second biggest
cohort of foreign nationals sentenced to death in
Iran. Moreover, a response from the Iranian
Ministry of Foreign Affairs revealed that they
currently had 102 Pakistani prisoners, either
sentenced or held on remand, for various offences.
It should be noted that Pakistan is another major
drug producing country which uses Iran as a
corridor to Europe.41 However, many of those
sentenced to death are also members of the Sunni
Baluch ethnicity, which borders Iran and Pakistan.
Baluchis (both Iranian and Pakistani) are often
arrested and subsequently sentenced for being
involved in what is seen as anti-Iranian activity.
All of those sentenced to death from Iraq, Syria
and Turkey were Kurdish. There is some evidence
particularly important in the context of the
payment of blood money or diya, as the defendant
does not have access to local financial support
networks.43 Furthermore, this isolation compounds
with their likelihood of being of lower socioeconomic status, ensuring that the ability to pay a
diya becomes the ‘luxury of the rich.’44 They are also
unlikely to speak Farsi, significant insofar as Hoyle
notes for foreign nationals generally that, “the
inability to speak the dominant language becomes
blameworthy and a tangible marker of
difference.”45 This can be compounded by the
Iranian regime’s prosecutorial preference for forced
signed confessions, which not only violates both
Articles 14 and 7 of the ICCPR, but is also often
demanded in a language the defendant is unable to
read or write.46
6