Abdorrahman Boroumand Center

for Human Rights in Iran

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

Flogging, 3 Unknown Individuals, Rudan, ISNA, June 26, 2014

ISNA
June 26, 2016
Web article

ISNA/Persian Gulf Region

June 26, 2014

News

Rudan County Prosecutor Declares:

More than 90 Years in Prison for Experienced Thieves

Yesterday, in accordance with the verdict of the Rudan County Judiciary, the implementation of a public flogging sentence was carried out in Rudan County for two thieves with a prior criminal record.

The Public and Revolutionary Prosecutor of Rudan County, in conversation with the Iranian Students News Agency’s (ISNA) Persian Gulf region correspondent in Rudan, said: The policy of the Rudan County Judiciary is to deal decisively with disruptors of order and thieves and severely punish them.

Reza Mokhtari added: In this regard, yesterday, two professional and experienced thieves were flogged in public in the main square of Bikah District.

Regarding the crimes of these robbers, he explained: one of these robbers in his file has 8 counts of motorcycle theft, 2 counts of robbery accompanied with harassment, 2 counts of gang armed robbery at night, carrying tear gas and cold weapons, and other crimes.

The Prosecutor of Rudan County said: After the arrest and filing of the case, because of the numerous crimes he’s committed, he was sentenced to 99 years in prison and 74 lashes.

Mokhtari added: Of these 99 years of imprisonment, 22 years are mandatory, a severe punishment, and the rest of this person's imprisonment will probably be commuted based on his record and the length of time he’s been imprisoned.

He clarified: The second person in this case has also, because of the numerous crimes he’s committed, been sentenced to more than 49 years in prison and 74 lashes.

The Public and Revolutionary Prosecutor of Rudan County said: Included among the crimes of the second person in this case are participation in 2 counts of robbery accompanied by harassment, possession of tear gas and cold weapons, ordinary theft and other crimes.

Mokhtari pointed out: In the first 3 months of this year, 5 professional and experienced thieves have been publicly flogged in Rudan County. [On May 5, 2014, three people were chosen for sentence implementation]

He clarified: We will consider severe punishment for thieves and disrupters of societal order and security, and we will implement the sentences in public.

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."