Abdorrahman Boroumand Center

for Human Rights in Iran

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

Flogging, Ali Dar Qadimi, Sediqeh Abadi, Sabzevar, Jomhuri Eslami, August 9, 1980

Jomhuri Eslami
August 9, 1980
Newspaper article

Jomhuri Eslami Newspaper

Archive/CD

August 9, 1980

Municipal News/ Page 4/ Notices and Verdicts of the Revolutionary Courts

According to the verdict of the Islamic Revolutionary Court of Sabzevar:

One person was sentenced to be executed and eight people to imprisonment

SABZEVAR-Jomhuri Eslami Correspondent: During the past week, the following verdicts were issued by the Islamic Revolutionary Court of Sabzevar-Esfarayen:

Ramazan Qvi Del was sentenced to death for the crime of committing the act of sodomy

Heidar Zahmatkesh…..

Javad Shirinzadeh was sentenced to six months imprisonment, two years’ probation and 40 lashes for the crime of possessing 4 grams of heroin.

Nader Vatandust was sentenced to one year’s imprisonment and 100 lashes for the crime of beginning to commit sodomy

Abdol Hamid Kaveh. . . .

Hatem Khan Hatami . . .

Mehdi Khan Roshni. . . .

Also, according to the verdict of Islamic Revolutionary Court of Sabzevar

Ali Dar Qadimi

Sediqeh Abadi

were each sentenced to 100 lashes for the crime of adultery, and the sentence was implemented.

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."