Abdorrahman Boroumand Center

for Human Rights in Iran

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

Flogging Before Execution, Mehri Siavoshi, Roqieh Akbarkhah, Tehran, Jomhuri Eslami, February 15, 1989

Jomhuri Eslami
February 15, 1989
Newspaper article

Jomhuri Eslami Newspaper

February 15, 1989

Page 2

In 31 Cities of the Country

68 Smugglers Executed Who Distributed 13,000 Kilos of Drugs

The anti-narcotics headquarters announced in its announcement number 5 that 68 dealers of death were hanged yesterday morning in 31 cities. The executed smugglers were involved in the distribution of 13,217 kilograms of drugs.

The text of the announcement is as follows:

In the name of Allah, the Merciful

Martyr Honoring People of Iran

In the continuation of the decisive fight against drug traffickers and the punishing of traffickers with death, on the morning of Tuesday, 25 Bahman, another group of professional traffickers, killers of zeal and generations, were hanged in public in the presence of the martyr honoring religious community.

. . . . .

Tehran

. . . .

Mehri Siavoshi, daughter of Mehrab

Continuous participation in the preparation and distribution of narcotics, especially heroin weighing more than 12 kilograms, opening a center of corruption and prostitution in the infamous neighborhood of Tehran and leading youths astray and injuring public modesty. In addition to the above-mentioned crimes, the accused also committed other crimes against chastity, for which she was sentenced to a total of 145 lashes as punishment.

 

Roqieh Akbarkhah, known as Mojgan Zaghi, daughter of Mohammad Jan

Continuous activity in buying and selling drugs, especially heroin weighing more than 15 kilograms, addiction to opioids, establishing and operating a center for prostitution and vice in the notorious neighborhood of Tehran and leading a large number of youths from this area astray, committing heinous acts against chastity, in this regard, she was sentenced to 245 lashes as punishment. She has a prior criminal record related to the sale and use of heroin and acts against chastity.

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."