Abdorrahman Boroumand Center

for Human Rights in Iran

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Flogging

Flogging, 3 Unknown Individuals, Dehdasht, ILNA, December 25, 2017

ILNA
December 25, 2017
Web article

ILNA

December 25, 2017

Provinces/Kohgiluyeh and Boyer-Ahmad

Executive Director of Criminal Sentences of the Dedasht Public Prosecutor:

Implementation of Three Public Flogging Sentences in Dehdasht

The Executive Director of Criminal Sentences of the Public and Revolutionary Prosecutor's Office of Dehdasht announced the implementation of 314 lashes in public against three criminals of the city of Kohgiluyeh, in order to improve social security and deal with criminals.

According to ILNA's report from Yasuj, "Zargham Azizi" told the media, while on the sidelines of the public implementation of the flogging sentence: "The accused in the first row committed crimes such as acts against chastity (lesser than adultery), breaking into a residential house, illegal imprisonment, theft and four other charges.

Pointing out that this criminal was sentenced to 140 lashes due to the proven charges, he stated: Seven years imprisonment and two years of exile in Bandar Khash were also issued to this defendant.

The Executive Director of Criminal Sentences of the Public and Revolutionary Prosecutor's Office of Dehdasht added: The crimes of the second-row defendant were disturbing the public order of the city of Dehdasht via conflict, controversy, uproar and four other charges.

Azizi cited the number of lashes for the second row criminal as 100 and noted: two and a half years of imprisonment in Dehdasht and one year of exile in the city of Borazjan have also been issued for this criminal.

He said: The third row criminal was sentenced to three years imprisonment and 74 lashes for the charge of participating in numerous cattle thefts at night.

According to ILNAs report from Yasuj, the city of Dehdasht, the center of Kohgiluyeh county, is considered one of the tropical cities of Kohgiluyeh and Boyer Ahmad Province, and is about 230 kilometers away from Yasuj, the capital of this province.

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."