Abdorrahman Boroumand Center

for Human Rights in Iran

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

Flogging, Unidentified Individual, Shush, IRNA, September 19, 2017

IRNA
September 17, 2017
Web article

IRNA

September 19, 2017

Provinces/Khuzestan

15 Years Imprisonment for Shush Thief Who Stole Gold from Children

SHUSH-IRNA- The Revolutionary Public Prosecutor of Shush sentenced a thief who stole gold from children to 15 years imprisonment.

Mostafa Nazari added during an interview with an IRNA reporter on Tuesday: This 32-year-old man had stolen gold jewelry and gold earrings from girls in 17 cases of robbery, and he was running away when he was captured. 

He added: The aforementioned thief was sentenced last year to 15 years imprisonment and 74 ta'zir lashes in addition for stealing gold jewelry from children and harassing them. 

According the IRNA reporter, the flogging sentence was publicly implemented against this criminal on Tuesday in Shush's Haftom-e Tir square by the assistant prosecutor, in the presence of the judge who had issued the verdict.

The Shush prosecutor emphasized in his interview with the IRNA reporter: the judiciary deals with violators of public order and security severely and without mercy. 

According to the IRNA reporter, a group of people from Shush who were present at the implementation of the sentence against this thief and violator of public order and security expressed appreciation for the city's judiciary decisively issuing and implementing the sentence. 

Correspondent: Mojtaba Panahi Publisher: Mohammad Ali Farid Panah 

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."