La pena capitale nella Constituzione e nel codice penale dell'Iran: a diritti umani analisi.

Capital punishment with a prolonged history in human life, is considered as one of the tough and inhumane punishments in international community. Death penalty was implemented among many civilizations with different methods and people was tortured by inhumane executions. Although capital punishment was arbitrary used between some ancient states, it was determined legally in the Code of Hammurabi. Some other civilizations determined it in their criminal codes by resorting to the lex talionis principle. The right to life is considered as a basic right, however, it is not an absolute right in international human rights instruments. Capital punishment is still used by a number of states on the basis of deterrence, social solidarity and retribution theories. There is no consensus among scholars that whether capital punishment can deter other people from committing severe crimes or not. However, in traditional and undeveloped societies, capital punishment is used to mitigate a revengeful feeling of people which protects public order and safety of the society from chaos. Capital punishment was used in Iran even before the Islamic Republic. As Islamic religion has played a pivotal role in the community of Iran and Iranian legal codes have intertwined with Islamic principles and norms, capital punishment has been determined in penal codes of Iran both before and after Islamic Republic. While before the Islamic revolution, Sharia or Islamic law was exercised in Iranian's community, it became as the corner stone of legal codes after that. Sharia or Islamic law is taken from four main sources: Quran, Sunnah or tradition, Ijma or consensus and wisdom; and Islamic principles are created from these sources. The Constitution of the Islamic republic of Iran protects the right to life from any third violation but it is not absolutely determined in the constitution and the right to life may be derogated by law. As the constitution of Iran is highly regarded Islamic principles and values and they are prioritized among all laws and principles by article 4, implementation of capital punishment for specific crimes is against Islamic principles and therefore, it violates article 4. In fact, by resorting to article 4 of the Constitution, capital punishment can be restricted to a few number of crimes.