Abdorrahman Boroumand Center

for Human Rights in Iran

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Flogging

Flogging Before Execution, Unknown Woman, Qazvin, Iran Newspaper, January 25, 2004

Iran Newspaper
January 25, 2004
Newspaper article

Iran Newspaper

January 25, 2004

Incidents Page

Incidents

Keeper of a House of Corruption Executed

Incidents Group: QAZVIN- Iran Correspondent: A woman who kept a house of corruption in Mohammadieh Qazvin was hanged on Thursday morning. (January 22, 2004)

This woman, in cooperation with her husband, after deceiving women and young girls, drew them to the house of corruption and filmed them. According to this report, in late February/early March 2003, following reports from the public, a team of officers from the Campaign Against Social Corruption began a widespread investigation in this area and after two weeks of surveilling the house of corruption, by order of the judge of Branch 18 of the Qazvin Public Court, they entered it and arrested the owner, her spouse, and several others. A search of the house discovered large quantities of alcohol, narcotics, along with films of those individuals who regularly visited this center of corruption. 

Judge Parvinian of Branch 18 of the Qazvin Public Court, after the trial of this woman and her husband, sentenced them to death, ten years imprisonment, five years of exile, and 80 lashes. 

According to our correspondent, the judges of Branch 28 of the Supreme Court, after review, confirmed the death sentence against the defendants, declared it ready for implementation, and sent the husband's sentence to the court of first instance to resolve the ambiguity. After confirmation of the sentence, on the morning of Wednesday, January 22, this woman was hanged with the presence of the sentence implementation judge of the Qazvin Judiciary and the chief of the Central Penitentiary. 

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."