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Flogging

Flogging, Two National Soccer Players, Tehran, Iran Newspaper, July 13, 2002

Iran Newspaper
July 13, 2002
Newspaper article

Iran Newspaper

July 13, 2002

Incidents Page

Judicial Warning After Conviction of Eight National Soccer Players

Incidents Group: Eight national soccer players, traces of whom had been found in the arrest of members of ten chain network houses of corruption, were found guilty in police and judicial investigations.

According to this report, on the evening of October 6, 2000, a car fled from a police stop and inspection, officers pursued it and were able to arrest two girls and two young boys. 

After referring the case to the Ershad Judicial Complex, in the first step of investigation, Judge Zamani, chief of Branch 1506, became active and after interrogating the occupants of the car, realized that one of the girls, named Shadi, was a runaway. 

With Shadi's claims, the first widespread gangs Jaryan and Khaleh Khanom, whose leaders were two sisters named Jaryan and Soraya and a woman named Khadijeh, were identified. 

With the acquiring of blank temporary marriage certificates and trafficking girls to Dubai in these two gangs, special officers of the Struggle Against Social Corruption were able to arrest a numner of runaway girls and street women; and by identifying houses of corruption on Pasdaran, Jomhuri, Zafar, and Beheshti streets were able to unveil ten active corruption gangs. 

Officers who in their first action had investigated the Jaryan Gang acquried obscene photos and films that showed eight members of the national soccer team frequently visiting houses of corruption. 

Thus, these soccer players were summoned to Ershad Judicial Comples and, by admitting their crimes, expressed regret and remorse. 

These eight national soccer players, in interrogations conducted by Judge Jasebi of Branch 1505 of Ershad Judicial Complex and supervisor of sentence implementation, claimed that after returning from the 1998 World Cup, they were invited to a night party by Jaryan and her sister and from there they fell into the net of this corrupt network and repeatedly visited the house of these two sisters at their request and, in fact, the managers of the corruption house used their reputation to attract runaways and street women. 

With these confessions, and hearing Judge Jasebi's advice, all of them realized their mistakes and pledged to conduct an honorable life. 

Thus, after completing the case of the ten chain network houses of corruption and trying all their members, which took fifteen months, some time ago, a final decision regarding the street girls and women and eight soccer players was issued. 

In this decision, except for one of the soccer players who investigations showed to be morally corrupt and another whose crime was heavier, six soccer players were sentenced to payment of a cash fine and to give a written understanding. 

Two other soccer players were sentenced to flogging, one to 170 lashes, the other to 70 lashes, and some time ago, they were referred to Ershad Judicial Complex for the flogging.

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."