Abdorrahman Boroumand Center

for Human Rights in Iran

https://www.iranrights.org
Library
Promoting tolerance and justice through knowledge and understanding
Amputation and Blinding

Amputation, Ali K., Mashhad, Khorasan, 01/18/2018

Khorasan
January 18, 2018
Newspaper article

(Note: This piece originally appeared under the title "Thief's Hand Amputation Sentence Carried Out.")

The hand amputation sentence of a 34-year-old thief who confessed to stealing sheep from rural areas surrounding several cities in Khorasan Razavi and South Khorasan was carried out at 9 AM yesterday morning at Mashhad Central Prison.

According to exclusive reporting from Khorasan [Newspaper,] multiple thefts in areas surrounding some cities in Khorasan Razavi and South Khorasan began as an unknown person or persons rustled sheep from rural residents by tearing up fences at night. Day by day, the range of the rustling expanded to other cities, causing concern among residents. Law enforcement authorities thus obtained a special judicial order and undertook widespread efforts to identify the parties responsible.

Law enforcement investigations based on plaintiff’s complaints show that every time the thief or thieves struck sheep pens, they stole a great number of sheep. Though other property (e.g. gold items, motorcycles) was also stolen by the thief or thieves in the course of the thefts, police reports state that sheep were the main target of the actions, which occurred at country residences and occasionally urban ones.

Khorasan [Newspaper] reports that law enforcement collected information, performed expert analyses, and finally arrived at leads which indicated that a 28-year-old man played a leading role in the thefts. In a coordinated operation, after obtaining judicial permissions, he was arrested and questioned on this basis in 2011/2012. In the course of investigations, the young man confessed to 21 counts of livestock rustling across four counties in Khorasan Razavi and South Khorasan.

Given thefact that secure places were broken into and other particularities of the thefts committed by the 28-year-old man, “Ali K.,” an indictment was issued in the case in one of the counties and the defendant was tried.

In light of the case contents and the precise, multi-faceted investigation of the thefts, the criminal court judge issued a verdict of hand amputation and asset expropriation. This verdict was appealed by the defendant, and the case was taken up by the Branch One Appeals Court in Khorasan Razavi province. The experienced judges of the Appeals Court found the verdict to be in accordance with standards of sharia and law and upheld it.

Exclusive reporting from Khorasan [Newspaper] relates that the finalized sentences from the Appeals Court was thus sent for implementation to a sentence implementation branch of the Mashhad Public and Revolutionary Prosecutor. Yesterday, at 9 AM, it was carried out at Mashhad Central Prison under the supervision of sentence implementation judges, and the hand of the now-34-year-old thief was placed under a guillotine and cut off.

After the legal, shariah-compliant sentence was carried out, the condemned man was transferred directly to a medical facility for treatment.

ABF Note

 

Findings of guilt in the Islamic Republic of Iran's Judicial Proceedings

The Islamic Republic of Iran's criminal justice system regularly falls short of the standards for due process necessary for impartiality, fairness, and efficacy. Suspects are often held incommunicado and not told of the reason for their detainment. Defendants are frequently prohibited from examining the evidence used against them. Defendants are sometimes prohibited from having their lawyers present in court. Additionally, confessions, made under duress or torture, are commonly admitted as proof of guilt. Because Iran's courts regularly disregard principles essential to the proper administration of justice, findings of guilt may not be evaluated with certainty.

Corporal Punishment: the Legal context in the Islamic Republic of Iran

The Islamic Republic's criminal code recognizes corporal punishment for a wide range of offenses: consumption of alcohol, theft, adultery, "flouting" of public morals, and mixing of the sexes in public. Judges have the latitude to mete out corporal punishment for those sentenced to death. In such cases, the flogging is carried out before death to maximize the suffering of defendant. Aside from flogging, the Islamic Republic also employs amputations as a punishment for theft. In such cases, the defendant is taken to a hospital and put under anesthesia as his hand or foot is amputated. In some cases the left foot and right hand are cut off, making it difficult for the condemned to walk, even with the assistance of a cane or crutches.

The Islamic Republic's Systematic Violation of its International Obligations under International Law

The use of corporal punishment is contrary to international law and is addressed in several international agreements. Article 5 of the Universal Declaration of Human Rights, which Iran has ratified, states that, "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment." Identical language is also used in the International Covenant on Civil and Political Rights (ICCPR), which Iran is also a party to. The strongest expression of international disapproval is contained in the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). This treaty defines torture as, "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as ... punishing him for an act he or a third person has committed or is suspected of having committed." Although the Islamic Republic of Iran has yet to sign the CAT, the prohibition on torture is now considered jus cogens and, therefore, part of customary international law. Furthermore, even though the norm against corporal punishment is not yet a jus cogens, there is increasing evidence that it is illegal under international human rights law.[1] In Osbourne v. Jamaica, the Committee Against Torture (a body of experts responsible for monitoring compliance with the Convention) held that "corporal punishment constitutes cruel, inhuman and degrading treatment or punishment contrary to Article 7 of the Convention." The Islamic Republic of Iran's systematic violations of its obligations under international law have been addressed by the UN General Assembly multiple times, most recently in December 2007. In Resolution 62/168, the UN expressed deep concern with Iran's continued flouting of international human rights law, particularly, "confirmed instances of torture and cruel, inhuman or degrading treatment or punishment, including flogging and amputations."