Abdorrahman Boroumand Center

for Human Rights in Iran

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

Flogging Before Execution, Mehdi, Tehran, Jam-e Jam, September 3, 2016

Jam-e Jam
September 3, 2016
Web article

Jam-e Jam Online

September 3, 2016

Incidents

Three Executions for the Golabdar Criminal

According to Jam-e Jam’s report, on February 9, 2015, the accused entered his old friend's house in Golabdar due to suspicion and strangled the friend’s wife, named Mina.

He then went to Mina's mother-in-law in the same building and killed this woman as well. His third victim was Mina's five-year-old son, Ali Reza.

After the murder, in order to cover his tracks, the young man stole and set the house on fire. The perpetrator of this crime was arrested on the same day at the scene of the murder and confessed to the murder.

With the completion of the investigation, the accused was tried last week in the fourth branch of the criminal court. The accused also claimed to the court that he committed this murder because of suspicion.

After the last defense of the accused of murder, the judges, presided over by Asghar Abdollahi, entered a verdict and sentenced him to three retributions (Qesas), eight years’ imprisonment, 74 lashes, and payment of diyeh (blood money) on charges of robbery and house destruction.

 

Jam-e Jam Online

November 29, 2017

Incidents 

This Morning in Raja'i Shahr Prison, Karaj 

Golabdar Criminal Received His Retribution (Qesas)

The perpetrator of the crime in the Golabdar neighborhood, who had murdered three people, received his retribution (Qesas) this morning in Karaj’s Raja’i Shahr prison.

According to the report Jam-e Jam Online received from Tasnim, the perpetrator of the crime, who had murdered two women and a child, received his retribution (Qesas) this morning in Karaj’s Raja’i Shahr prison.

In this crime that took place on February 9, 2015, in the Golabdar neighborhood of Shemiranat, a young mother and her young child were killed along with the young woman's mother-in-law.

The perpetrator of this crime, who was a family acquaintance of the victims, returned to the scene of the incident minutes after committing the crime and fleeing, in order to find out the fate of the victims; investigators and detectives suspected him and arrested him.

Finally, the perpetrator of the crime confessed during interrogations and after completion of the investigation and issuance of an indictment in Tehran Province’s Criminal Court One, he was sentenced to retribution (Qesas) and this sentence was confirmed by the Supreme Court.

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."