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Flogging

Flogging Before Execution, S. Y. F., Qom, Mehr News Agency, November 29, 2014

Mehr News Agency
November 29, 2014
Web article

Mehr News Agency

November 29, 2014

Provinces/Qom

Retribution Sentence Implemented Against Shahid Beheshti Hospital Killer

QOM- Today, Saturday morning, the retribution sentence (Qesas) against the Shahid Beheshti Hospital killer was implemented in Qom.

According to the report of Mehr's correspondent, on March 30, 2014, at 12:30 A.M., there was a fight at Shahid Beheshti Hospital in Qom, in which one person was killed.

According to the investigation conducted, about half an hour before the hospital fight, there was another fight between these people, and in this conflict, the parties injured each other with knives and went to Shahid Beheshti Hospital for treatment, and these people again fought with each other inside the hospital, and as a result of this fight, Abolfazl Zaka’i died in the operating room due to a knife hitting the carotid artery of the victim's neck, despite medical measures taken to save his life.

According to the announcement of the Qom Province Judiciary, the accused of this conflict immediately tried to escape but were arrested 15 days after the incident due to effective judicial measures.

An indictment of these people was issued by the investigator of Branch 2 of the Qom Public and Revolutionary Prosecutor's Office on May 14, 2014, and the case was referred to Branch 1 of the provincial Criminal Court for adjudication.

Based on the decision issued on June 1, S. Y. F., born in 1991, was sentenced to retribution (Qesas) for the murder of the late Abolfazl Zaka’i, payment of blood money (Dieh), four years imprisonment and 74 lashes due to participation in a group fight and disorder, and the other defendants in the case were sentenced to five years imprisonment, flogging and two years of exile to the cities of Qaen, Darreh Shahr, Izeh, Tabas and Qeidar, and after the end of the judicial formalities, with the request for retribution by the parents of this case, they went to the chief of the judiciary to ask for the implementation of the sentence, he agreed to the implementation of retribution, the case was reinstated, and the retribution sentence against convict S. Y. F was implemented at 6 A.M. Saturday in Qom Central Prison.

According to the announcement issued by the provincial judiciary, and according to the investigation conducted on the night of the incident, the victim Zaka’i stated during a call with one of the killer's brothers that he heard him talking behind his back and cursing, and that after arguing and cursing on the phone, he went to their house with several of his friends, and they got into a fight there where both parties were injured with a knife, and the second fight in the hospital was caused by the intensity of the first fight.

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."