Khorasan Razavi Attorney General Explains Hand Amputation in Case
The Head of Khorassan Razavi Province Judiciary provided an explanation for the implementation of an amputation of the hand sentence in Mashhad.
According to an ISNA (Iranian Students News Agency) report, Hojjatoleslam (a rank within the Shi’a clergy system) Ali Mozaffari participated in a news conference where he stated that, unfortunately, there were widespread attacks being conducted against the Judiciary apparatus. He said: “These attacks are particularly meant to project an image of the judicial system as inefficient. When the judicial system does not take action in certain cases, [the critics] say that it is inefficient and want to know why it is not taking action.
When we do take action and issue sentences, they want to know why such a sentence has been issued. (Only the Supreme Leader and the Judiciary’s supervisory institutions can criticize the judicial system’s performance). One example [of when we did take action and were criticized] is the case in Mashhad where the amputation sentence that was carried out became the subject of attacks.
Mozaffari said: “We carry out Hadd punishments pursuant to the express provisions of the Constitution and regular laws. Amputation, execution, etc., are among Hadd and Qesas punishments. In the early days of the Revolution, there were groups that did not believe in the rule of Islam and did not want the Qesas Bill to pass and become law. Perhaps that was why Shahid (Martyr) Beheshti was criticized and subsequently martyred. Ultimately, however, upon the Late Imam Khomeini’s insistence, and with Majless (Parliament), the authorities, and the people’s support, Islamic laws, including Hodud (plural for Hadd punishments) became law.”
The Head of Khorassan Razavi Province judiciary explained: “In the case of the individual whose sentence of amputation of the hand was implemented, the sentence was issued at the trial court in the normal course of adjudication; he had an attorney, the Supreme Court upheld the ruling, and even the request for pardon was considered on two occasions. Ultimately, however, the sentence was carried out just like all other sentences.”
He added: “Some critics have asserted that people’s fingers have been amputated for just stealing one or two sheep whereas embezzlement cases with sums in the thousand of billions haven’t even been investigated. This is a sheer lie and the judiciary reserves the right to prosecute people who have published such news to the full extent of the law in order to restore its good name.”
Mozaffari said: “That individual had stolen 200 sheep in three provinces, namely Northern Khorassan, Southern Khorassan, and Khorassan Razavi provinces. He conspired with several other individuals to make holes in the walls of people’s homes and go in and pick up their livestock, rugs, motorcycles, gold, and anything else that had monetary value. There are approximately 26 plaintiffs in this case all of whom demanded that Islamic Hodud be carried out. Some of our judges were of the opinion that this individual was Mohareb (“one who wages war with Allah”) and must therefore be executed, an opinion that was not shared [by other judges]. The pillaging that this individual has done has endangered at least 26 families. Should his hand not be amputated?”
He noted: “If anyone knows of a multi-billion-Tuman embezzlement case that has come into the judiciary system and was not investigated, then they would be right to protest. But was it not the Judiciary that issued death sentences in past years for defendants in embezzlement cases?”
There are no substitutes for Hadd Punishments
The Head of Khorassan Razavi Province Judiciary said: “A Majless representative (Member of Iranian Parliament) has said that it would have been great if the Province Judiciary had made use of a substitute punishment instead of the one that was issued. A substitute prison sentence is only used for very light crimes. Hadd punishments have no substitutes. If that same representative or the Islamic Consultative Assembly (Majless) pass laws that substitute Hodud from a legal and Islamic law standpoint, then we will implement those laws.”
Mozaffari noted: “It is surprising that a Majless representative suggests that God’s law, Hadd, (also provided for and specified in the law) should not be implemented but substituted with another punishment, a substitute punishment that Majless itself has not yet provided for. Should this representative who is supposed to be the protector of Islamic laws speak like that and say such things?”
We have had no instances of important cases not being followed up
He said: “Another individual who has been a Majless representative in the past and continues to be a politician has been saying ‘since you’re not able to prosecute and punish those involved in massive embezzlement cases, better to just do away with Hodud’. Is that a reasonable thing to say? First of all, we have never had an instance where we were not able to prosecute important cases. All the cases that have been brought before the judicial apparatus, important or not, have either been or are currently being adjudicated. We deny any assertion that a case has been brought before the judiciary that the judiciary has not been able to adjudicate. If the judicial system had not pursued the big shots and followed up on and prosecuted their cases, we would not be subjected to any of these attacks.”
He continued: “Even assuming that we did not prosecute a couple of big cases, or that they were not prosecuted well, should that be a reason to not prosecute other cases? These [allegations and assertions] indicate that some of our friends have joined the enemy. The enemy wants to show that this regime, whose judicial apparatus symbolizes justice, is inefficient and deduce that since the judicial system is inefficient, then the regime itself is inefficient. We should be conscious and mindful of that.”
The Head of Khorassan Razavi Province Judiciary said: “If our friends are saying these things for the benefit of their political parties and their factions, they should be aware that today more than ever, our regime needs unity among the three branches of government, the institutions, the people, the authorities, etc., so that it can neutralize the enemy’s aggression. The three branches, i.e., the Judiciary, the Executive, and the Legislative belong to the people. Weakening them is weakening the people and the regime. If the regime is weakened, the people’s rights will be violated.”
Alluding to the separation of powers and to the Judiciary’s independence, Mozaffari stated: “No official or institution in the country has the right to interfere with the issuance of sentences and the manner of implementation thereof."
In the first 10 months of the current year, one million and six thousand cases have been opened in the Province’s prosecutors’ offices and courts, and another 200,000 cases were opened in conflict resolution councils. All of these cases and another 10,000 pending from before, have been adjudicated.”