Abdorrahman Boroumand Center

for Human Rights in Iran

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

Flogging, Unknown Individual, Shahr-e Qods, Ettela'at Shahr-e Qods, November 3, 2012

Ettela'at Shahr-e Qods
November 3, 2012
Web article

Ettela'at Shahr-e Qods

November 3, 2012

Shahr-e Qods News

Implementation of a Public Flogging Sentence Against a Thief in Shahr-e Qods

QODS NEWS- At the beginning of a rather cold autumn day, on October 28, 2012, around 10 A.M., the police force of Qods municipality surprised everyone. Without prior warning, the implementation of the flogging sentence of a thief, with four counts of violent robbery, in Azadi Square (Sarqanat)....

The square was cordoned off with police crime scene tape. The platform was prepared for sentence implementation, the defendant and the prosecutor’s representative went up to the platform with the officers.

Despite the lack of prior notice, fellow citizens came to the square little by little. It was not like the previous sentence implementation, but the presence of the crowd caused traffic in the city for some time.

After the reading of the verdict, the masked officers proceeded to implement the criminal’s sentence of 74 lashes. Due to his excessive pain and movements, the implementation of the sentence took a long time. An interesting point is that at the time of the implementation of the sentence upon the criminal, he mentioned the names of God, Imam Hossein, and other imams and begged for forgiveness. There was a person watching this scene next to me and he was saying under his breath, “that moment when innocent people were begging you, did you feel pity? Did you know God at that moment? Now you are calling Imam Hossein....”

This sentence implementation was carried out following the plan of the honorable police command of Qods municipality in dealing with the evildoers, thugs and mobs of Shahr-e Qods. We hope that with this positive trend, Shahr-e Qods will be freed from the pollution and disturbance of these thugs.

Shahr-e Qods has long been a suitable place for criminals, smugglers and thugs due to its being on the outskirts. With this new approach, it is better for those who are still on this path to change their behavior. Because the police have posted notices asking people to introduce thugs, drug dealers, etc. via phone calls.....

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."