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for Human Rights in Iran

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Flogging

Flogging Before Execution, Abbas R., Qazvin, Mehr News Agency, May 17, 2014

Mehr News Agency
May 17, 2014
Web article

Mehr News Agency

May 17, 2014

Murderer Hanged in Qazvin

According to Mehr News Agency, at dawn today, a murderer was hanged in Qazvin Central Penitentiary with the presence of the Deputy Public and Revolutionary Prosecutor of Qazvin, the assistant prosecutor for implementation of criminal sentences, the supervisor of prisons for the Public and Revolutionary Prosecutor of Qazvin’s Office, the head of the central penitentiary, and other sentence implementation officers.

 

Hojjatoleslam Sadeqi-Niarki stated, in regard to the implementation of this person's sentence: After the legal formalities and confirmation by the Supreme Court, in accordance with the Shari'a and legal standards, the murderer was executed in Qazvin Central Penitentiary.

 

He added: The judicial system and the dispute resolution council tried their best to get the parents' satisfaction, but in the end, with the request of the parents, the above sentence was implemented.

 

This judicial official continued: In June/July 2009, Abbas, as a result of a verbal and physical conflict with the victim named Ali Asghar, used a knife and struck the victim's neck, committing intentional murder.

 

Hojjatoleslam Sadeqi declared: After a fight between a number of young people and their separation by the neighbors of Abbas and his brother, with a knife in their hands, they suddenly again attacked Ali Asghar "the victim" and his brother Jalal, and Abbas struck his knife into Ali Asghar's neck and injured Jalal as well. Ali Asghar was immediately taken to the hospital and died before reaching the hospital.

 

Sadeqi-Niarki stated: In the investigation, Abbas accepted the charge of intentional murder of the victim, the crime scene was reconstructed through the Department of Intelligence, and the forensic doctor also determined the cause of death as damage to the main vessels of the neck and resulting complications.

 

The Qazvin prosecutor stated: After completing the investigation and referring the case to criminal court, Branch Two of Qazvin Province Criminal Court issued an indictment and sentenced Abbas, known as Yaqub, to one count of retribution via hanging in prison and, with the charge of intentional wounding with a knife. Jalal was sentenced to one year in prison and to 40 lashes on the charge of obscenity; the defendants objected to the issued verdict, Branch 17 of the Supreme Court, after reviewing the decision of Branch Two of the Qazvin Province Criminal Court, confirmed the verdict, and at the request of the parents of the late Ali Asghar, the implementation of the retribution sentence against the murderer was carried out.

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."