Prosecution Requests Death Penalty for Man Arrested for Alcohol Consumption

Iran Human Rights (IHR) – The prosecution has requested the death penalty for a middle-aged man arrested on alcohol consumption charges for the fourth time.

According to Iran newspaper, a representative from the prosecutor has requested the death penalty for a middle-aged man who was arrested for drinking alcohol earlier this year after a complaint from a neighbour.

The man, who has been arrested and flogged on three previous occasions, has denied the charge. In his defence, he said: “I admit I was arrested for being drunk on the street three times, but I was flogged 80 times on each occasion. This time I was alone in my house and was only watching TV with the volume up when my neighbour called the police. I did not drink that day and I do not accept the charges against me. That is why I got into a fight with the officers at the station.”

His case is at Branch Four of the Tehran Criminal Court and it is possible that he will be sentenced to death.

According to Article 136 of the Islamic Penal Code: “Where anyone commits the same offence punishable by hadd three times, and each time the hadd punishment is executed upon him/her, the hadd punishment on the fourth occasion shall be the death penalty.”

But Article 13(g) of the Code of Criminal Procedure as well as Articles 114-119 of the Islamic Penal Code give the judges the power to acquit the defendant or request a pardon for them from the head of the judiciary if they repent.

It should be noted that on 9 July 2020, a 51-year old man was executed for alcohol consumption for the sixth time at Mashhad Central Prison. According to Khorasan newspaper, his “repentance” had been rejected due to the defendant’s refusal to admit to drinking alcohol.

In February 2021, a 73 year-old retired pilot only identified as Ehsan, was sentenced to death by Branch 9 of the Tehran Criminal Court, presided over by Judge Mohammadi-Kashkouli. He was later acquitted by the same court and released.