(The actual title of this Article was “Implementation of Ali Azizi and Eliar Hosseinzadeh’s flogging sentence in Orumieh”.)
The flogging and monetary penalty sentences issued for Ali Azizi and Eliar Hosseinzadeh, two citizens detained during the November 2019 Nationwide Protests, were carried out today, Monday, June 8. These citizens were each sentenced by Orumieh Criminal Court to 15 million Rials monetary penalty as a substitute for 8 months in prison, and to 20 lashes.
According to a HRANA News Agency report, the news arm of the Human Rights Activists in Iran, today, Monday, June 8, 2020, the flogging and monetary penalty sentences issued for Ali Azizi and Eliar Hosseinzadeh, two citizens detained during nationwide protests known as “the November Protests”, were carried out.
These citizens had been arrested during nationwide protests known as “the November Protests”. The hearing to examine the charges brought against them took place at the Orumieh County Criminal Court Two, Branch 101.
In February-March 2020, Ali Azizi and Eliar Hosseinzadeh, along with four of their co-defendants were each sentenced by the Orumieh County Criminal Court Two, Branch 101, presided by Judge Hamid Golinejad, to payment of 15 million Rials monetary penalty as a substitute for 8 months in prison, and to 20 lashes, on the charge of “disrupting public order”.
Ali Azizi was not able to attend the trial session due to being detained at [the city of] Tabriz Central Prison’s Security Ward. His trial took place again upon his objection and the request [for a new trial] being granted. He was therefore summoned by the Orumieh Criminal Court Two, Branch 101, located at Orumieh’s Beheshti Judicial Complex in April. Nevertheless, the Court did not accept his defense and approved the previous decision verbatim.
Eliar Hosseinzadeh’s sentence was issued in absentia.
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It must be noted that Ali Azizi, the citizen from the city of Orumieh and Azeri activist, had previously been arrested without a warrant by security agents at his father’s home in Orumieh, on Sunday, February 23, 2020, and was temporarily released on 500 million-Tuman bail from Tabriz Prison on March 25, 2020, and was out until the end of the proceedings. Investigating Judge’s Office, Branch 16, of the Tabriz General and Revolutionary Prosecutor’s Office, presided by Judge Seyyed Ali Mussavi, has charged Mr. Azizi in this case with “propaganda activities against the regime and membership in the illegal group GAMAC”. Prior to this, a one-billion-Tuman bail had also been issued for Mr. Azizi.
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Western Azarbaijan Province Judiciary
Court Decision Number: [Redacted]
Date Drafted: [Illegible]
Case Number: [Redacted]
Branch Archive Number: [Redacted]
City of Orumieh Criminal Court Two, Branch 101,
Shahid Beheshti Judidial Complex (101, formerly Khazai)
Court Decision
______________________________________________________________________________
Case Number [Redacted], City of Orumieh Criminal Court Two, Branch 101, Shahid Beheshti Judidial Complex (101, formerly Khazai), Final Court Decision Number [Redacted].
Plaintiff Asking for a New Trial: Mr. Ali Azizi, son of Zeynal, represented by Ms. Fatemeh Sattari, daughter of Asghar, whose address is Western Azarbaijan Province, Orumieh County, city of Orumieh, [Redacted].
Charges:
- Disrupting public peace and order through participation in illegal assemblies and protests, and destruction of a gas station;
- Disrupting public peace and order through participation in illegal assemblies and inviting others to participate in assemblies;
- Disrupting public peace and order through participation in illegal assemblies and chanting slogans;
- Disrupting public order through posting videos of disrupting public order on the internet;
- Disrupting public peace and order through participation in illegal assemblies and protests, creating traffic jams and chanting slogans.
Workflow: City of Orumieh Criminal Court Two, Branch 101, is in an extraordinary session, presided by the undersigned judge, examining the aforementioned case;
The Court, having examined the contents and the documentation contained in the case file,hereby declares the close of the proceedings, and relying on its conscience and honor, issues its Decision as follows:
Court Decision
Regarding Mr. Ali Azizi’s objection to [and request for a new trial] (Mr. Azizi is represented by Ms. Fatemeh Sattari) in case number 9809974412101986, dated March 12, 2020, issued by City of Orumieh Criminal Court Two, Branch 101, which sentenced him to fifteen million Rials monetary penalty as a substitute for 8 months in prison, and to 20 lashes for the crime of disrupting public order,
The Court,
Having taken into consideration the totality of the papers and documentation contained in the case file, determines that no valid objection or defects has been found that would nullify the Court Decision that is being appealed from and said Court Decision has been issued in observance of the rules and regulations and the evidence existing in the case file.
Consequently, the Court, pursuant to Articles 406 and [illegible] of the Law on the Rules of Criminal Procedure of 2013, rejects the objection, and confirms said Court Decision. This ruling [illegible] and can be appealed to the Western Azarbaijan Province’s honorable Courts of Appeal within 20 days of service hereof.
(original source)
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."
