Abdorrahman Boroumand Center

for Human Rights in Iran

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

Flogging Before Execution, Rahim Moradi Shahabadi, Milad Saberi, Reza Rezaipur, Bandar-e Abbas, Central News Unit, November 15, 2014

Central News Unit
November 15, 2014
Web article

Central News Unit

November 15, 2014

Society

Death Sentence Against Three Criminals Implemented in Bandar-e Abbas

The judiciary chief of Hormozgan Province said: these three criminals were hanged on charges of rape, kidnapping, threatening to commit murder, and armed robbery. 

Hojatoleslam Akbari, pointing out that these three defendants, collaborating with each other, had committed atrocious crimes in 2019, added: The issued sentence against these three criminals was confirmed by Branch 1 of the Hormozgan Criminal Court, the Supreme Court, and the Chief of the Judiciary, and this morning, it was publicly implemented in Bandar-e Abbas. 

 

Audio file

 

In the name of Allah, the Compassionate, the Merciful

According to the contents of the case presented by the first branch of the sentence implementation unit of the Public and Revolutionary Prosecutor's Office of Bandar-e Abbas, the convicts

Reza Rezaipur was sentenced to death by hanging, 20 years imprisonment, and 80 lashes on charges of theft //////, participation in mass conflict, participation in kidnapping, possession of illegal war weapons, and drinking alcohol.

Milad Saberi was sentenced to death by hanging, 30 years imprisonment and 150 lashes on charges of forced and involuntary adultery, participation in kidnapping and armed robbery accompanied by harassment, carrying illegal war weapons and drinking alcohol.

Rahim Moradi Shahbadi was sentenced to death by hanging, 20 years of imprisonment and 80 lashes on charges of forced and involuntary adultery, participation in kidnapping, carrying illegal war weapons and drinking alcohol.

The issued sentence is being implemented now, it is hoped that it will be a lesson for others....

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."