Abdorrahman Boroumand Center

for Human Rights in Iran

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

Flogging Before Execution, Abbas Sahrai, Arak, Dadgostariye Kol-e Ostan-e Markazi, April 13, 2017

Dadgostariye Kol-e Ostan-e Markazi
April 13, 2017
Web article

Dadgostariye Kol-e Ostan-e Markazi

February 13, 2017

News

Killer of Six Araki Citizens Hanged

"Abbas Sahrai," killer of six Araki citizens, had been sentenced to six public retributions (Qesas). This verdict was sent to the Supreme Court for consideration after his protest, and it was confirmed by the Supreme Court's Branch 19. 

Abbas Sahrai killed six Araki citizens on January 11, 2017.

 

IRNA/Central Province

March 7, 2018

Society

Killer of Six Araki Citizens Sentenced to Public Retribution (Qesas)

ARAK- IRNA- On Tuesday, the killer of six Araki citizens was sentenced to six public retributions (Qesas) in Branch 1 of the Markazi Province Criminal Court. 

According to IRNA's report, the judge of Markazi Province Criminal Court Branch One said in an interview with IRNA regarding this sentence: Abbas Sahrai is the killer who, at dawn on January 11, 2017, committed the horrific murder of two members of an Araki family with a gun; with the efforts of the police, he was identified and fell into the hands of the law.

Mohammad Reza Rahmati added: In the public meeting of the trial of the perpetrators of these murders, Abbas Sahrai, the first-row accused in this case, was sentenced to six public retributions, (Qesas) (public executions) in Shahrak Ali Ibn Abutalib (Arak football) for the crime of masterminding six counts of intentional murder.

He said: This murderer was also sentenced to seven years of fifth-degree imprisonment for carrying and keeping a Kalashnikov assault weapon and 57 cartridges, and for the crime of disturbing public order, he was sentenced to one year of fifth-degree imprisonment and 74 lashes.

The judge of Markazi Province Criminal Court Branch One noted: Reza Sahrai, the second-degree accused in this case, was also sentenced to 55 years imprisonment and two years of compulsory residence in the city of Izeh for the crime of aiding in the murder of six Araki citizens, buying and keeping a Kalashnikov assault weapon and 57 cartridges, and encouraging the first-degree accused to commit murder.

Rahmati stated: The defendants have 20 days to appeal from today.

On the morning of January 11 this year, a 27-year-old man took the lives of six Araki citizens with firearms in two stages.

The killer, who took the lives of six Araki citizens for reasons of revenge, was arrested within 14 hours due to the efforts of security and intelligence agents and handed over to the judicial authorities.

7114/6992 Correspondent: Azar Esfandiari Publisher: Mozhgan Heidari 

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."