Abdorrahman Boroumand Center

for Human Rights in Iran

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

Flogging, Four Individuals, Tehran, Kayhan, February 13, 1980

Kayhan
February 13, 1980
Newspaper article

Kayhan newspaper

Archive/Scan/Page 190

February 13, 1980

World News / Page 4

From the Imam’s Mobile Court for Trade Guilds:

1000 Pornographic Books Burned

A bookstore was condemned by the Imam's Court for Trade Guilds for having a thousand pornographic books, and the books were burned in front of the shop.

This bookseller is named "Vali Hashemian." Also, 14 other salespersons were imprisoned from 1 to 10 days for the crimes of profiteering, underselling, hoarding, and not having tickets, and some of them were also flogged.

These people include:

Morad Abbasi, Hossein Nouri Fard, fruit sellers 45 meters away from Seyed Khandan, due to not having a ticket, 1 day in prison according to the court

Mohammad Kala’i, itinerant sugar seller, on the first road of Tehran-e No, for overcharging for sugar, his sugar was sold for 33 rials per kilo.

Gholam Hossein Ganji, Moharram Ganji and Mohammad Taghizadeh, 45 meters away from Seyed Khandan, were sentenced to 10 lashes by the mobile court for profiteering and not having a ticket.

Gholam Hossein Chavoshi, Takht-e Tavus Street, sentenced to three days in prison and his fruits were auctioned off by this court for the crimes of profiteering and not having a ticket.

Rahmat Mohammadi, a fruit seller on Abbas Abad Street, Darya-ye Nur corner, sentenced to 10 lashes by the court and his fruits were auctioned off for the crimes of profiteering and clashing with the police.

Abolfazl Bakhshandeh, driver, convicted of the crime of transporting smuggled meat and his meat was auctioned off.

Hossein Eqtedartalab, street lavash baker, 8 meters away from Shaham Bi Sim Street, Najaf Abad, was sentenced to ten days in prison for selling overpriced lavash bread.

Khan Kash Hemati, white bread baker, Bi Sim Street of Najaf Abad, was sentenced to ten days in prison for overcharging.

Elias Nurmohammadbeiki, an egg seller in Galanduak, convicted by the court of overcharging for eggs and his eggs were auctioned off.

Gholam Reza Davudi was sentenced to ten days in prison for the crime of possessing 600 kilos of smuggled meat.

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."