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Flogging

Flogging, 14 Individuals, Tehran, Kaleme, August 13, 2012

Kaleme
August 12, 2012
Web article

Kaleme

August 13, 2012

News 

Telephone Summons to Sentence Implementation For a Large Group of Political and Civil Activists

Flogging of Several Political Prisoners during Ramazan

The step-by-step process of intensifying the treatment of political prisoners and convicts entered a new phase during the holy month of Ramazan, and on the same nights as the nights of Qadr, with the implementation of flogging sentences on a number of political prisoners and the widespread summoning of convicts the time of whose issued sentences has long passed.

According to Kaleme’s correspondent,

Siamak Qadri,

Rahman Buzari,

Ebrahim Baba’i Zeidi,

Hossein Zarini,

Kurosh Kuhkan,

Naser Azar Nia,

Human Musavi,

Mazdak Ali Nazari,

Ali Reza Kia,

Amir Latifi,

Ashkan Elhiari,

Rasul Hardani,

Kamran Ayazi

are political prisoners locked in Ward 350 of Evin Prison, who have, in turn, since Saturday, during the holy month of Ramazan and the nights of Qadr, been subjected to the tortures of the whip.

Also last week, the flogging sentence of

Majid Sadeghinejad

was implemented

This is despite the fact that, in the past, for a large number of those sentenced to flogging, considering the dignity of political prisoners and the fact that the judiciary itself was aware of the baselessness of these sentences better than any individual or institution, these sentences were not implemented; changing this practice shows the continuation of harsh treatment of political prisoners.

A process that began with long and illegal solitary confinements and extensive tortures, continued with dictatorial Stalinist courts and very heavy sentences, enters a new phase with the disconnection of telephones, high restrictions on face-to-face visits, issuance of leave, and occasional sending of prisoners to solitary cells in Ward 240.

Even now, the case-by-case implementation of flogging sentences, which was not often done in the past, sometimes the judges issuing the flogging sentence, or the office managers of the branches of the Revolutionary Court, told political defendants that they had given these flogging sentences instead of imprisonment because they knew that they would not be implemented and were a means of reducing illegal and cruel imprisonment sentences.

Also, news regarding the intensification of confrontations also concerns the wide wave of telephone summonses of old convicts, whose sentence was subject to statute of limitations. These people, who were generally sentenced from 6 months to 6 years in prison, have received phone calls and threats from officers of the Revolutionary Court and the Evin Prosecutor's Office over the past week that if they do not present themselves immediately, their bail would be rescinded.

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."