Abdorrahman Boroumand Center

for Human Rights in Iran

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Promoting tolerance and justice through knowledge and understanding
Flogging

Flogging Before Execution, K. M., Sh. M., Qazvin, Dadsara Qazvin, January 7, 2014

IRNA
January 7, 2014
Web article

IRNA

January 7, 2014

Provinces/Society

Three Drug Smugglers Executed in Qazvin

QAZVIN-IRNA- Before dawn this Tuesday morning, three drug smugglers were hanged in Qazvin Central Prison. 

According to IRNA, citing the Information Base of the Qazvin Province Judiciary,

The first smuggler, identified as S. D., married, with a prior criminal record, was a resident and native of Urumieh, arrested in Qazvin for the crime of carrying and selling 2 kilos and 300 grams of drugs, sentenced to execution and his sentence was implemented

According to this report, the second row defendant, identfied as K. M., 34 years old, bachelor, native of Zanjan, two prior criminal convictions, was sentenced to execution for the crime of carrying and posessing about 900 grams of drugs including methamphetamine. 

The third defendant, identified as Sh. M., 32 years old, married, native of Bandar Anzeli, two prior criminal convictions, charged with carrying drugs weighing 994 grams, including methamphetamine, arrested in Qazvin and sentenced to execution. 

Also, according to this report, at the implementation of the sentence against these three smugglers, the Public and Revolutionary Prosecutor of Qazvin said: The struggle against drugs is one of the priorities of the Qazvin Prosecutor's Office and happily, with the interaction and measures taken, we have had good achievements in dealing with the death merchants.

Hojatoleslam va al moslemin Esma'il Sadeqi-Niarki continued: The death merchants who in the past have destroyed many young people now see the result of their work, the punishment of execution, and others who willingly or unwillingly find theselves around drugs, may they take notice.

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."