Abdorrahman Boroumand Center

for Human Rights in Iran

https://www.iranrights.org
Promoting tolerance and justice through knowledge and understanding
Flogging

Flogging, Asghar Arjangi and Ali Heidarzadeh, Tehran, Ettela'at, August 9, 1980

Ettela'at
August 9, 1980
Newspaper article

Ettela'at Newspaper

Archive/CD

August 9, 1980

Domestic News/Page 15

Person Shot for Crime of Raping 3-Year-Old Girl in Ghazali Street

On Friday at 3 A.M., by order of Ayatollah Khalkhali, the Shari'a judge and Director of the Special Narcotics Courts, a person was shot for the crime of raping a 3-year-old girl in public in Ghazali Street in Tehran and two others were flogged 500 lashes, each, for the crime of aiding the rape. 

Setayad, the spokesman of the Komiteh attached to Region 9, stated while announcing this news to our reporter: On Thurday evening, a telephone call informed us that three people named Ahad Safari Mamaqani, son of Hossein, along with Asghar Arjangi and Ali Heidarzadeh, were raping a 3-year-old girl at a company on Azali street, Abivard alley.

Upon the receiving the news, the IRGC of this Komiteh immediately went to the place of the incident and witnessed that the little girl who had been raped had fallen unconscious to the ground. They immediately took her to hospital and the three men, along with the girl's mother, named Turan Kashani, were arrested by the IRGC.

The IRGC transferred the girl to the forensic medicine office for examination and after examination, the forensic examiner emphasized that the mentioned person had been raped and had had sexual intercourse.

Ayatollah Khalkhali, who at the time was giving a speech at the Khazaneh Mosque, was immediately informed about this incident, and after finishing his speech, Ayatollah Khalkhali went to the place of this incident and after inspecting the case and related documents, sentenced Ahad Safari Mamaqani, who had had sexual intercourse with a 3-year-old girl, to death. 

The issued verdict was implemented "yesterday" at 3 A.M. in public in Ghazali Street, the place of the incident. 

The spokesman added: Turan Kashani, the girl's mother, is a procuress and she had come to Ghazali Street with the agreement of those three thugs for her own filthy purposes when this tragic event happened to an innocent child. 

Additionally, the girl's mother was sentenced to 200 lashes and this flogging will be done to her in prison. 

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."