I am Reza Safari, son of Valiollah. I was born in 1970 in the city of Arak. I am writing to you from Karaj prison. Between 1991-1995, due to lack of work, my family’s extreme poverty and desperation, I committed a few robberies. In September 1995, I was caught and convicted of theft. My punishment was the amputation of four fingers of my right hand so that the thumb and the palm shall remain. At first, when this verdict was announced, I thought the judge was just trying to scare me but unfortunately, on August 20, 1997, one month into the Holy month of Ramadan, my punishment was carried out. I was only 26 years old. That was the most horrible experience of my life; that is why I remember that day very well-the name of the judge was Azarian, from Branch 4 of the Arak Judiciary.
At 10:30 A.M., I was taken by the guards to the yard where many other prisoners who had been convicted of theft were gathered-so that I would set an example. Without giving me any pain killers or numbing agents, they cut off my fingers with an electric wire cutter. I could see blood stains on the wire cutter, which meant that it had been used for this purpose many times before. After the amputation, they took me to Valia'sr hospital. When the doctor saw my condition, he was very upset and started yelling and screaming at the guards, one of whom was named Akbar Kandi. The doctor told them that the amputation should have been done jointly with the hospital. I was shocked. I had no idea what they had done to me. I was taken to surgery, treated, and taken back to the prison the same night.
After they cut off my fingers, I was no longer the same person. I suffered from panic, anxiety and all sorts of psychological issues. I had to take up to 12 sedatives daily. I became very depressed. How I wished that instead of cutting off my fingers they had executed me. At least I would have died only once. I noticed that the behavior of old friends and those around me had changed. Some kept their distance and some pitied me. So I started to prefer being alone by myself. Forty days before I was to be released, my dear mother passed away - which added to my misery.
On December 20, 2000, I was released, and a much worse situation awaited me outside prison. Here I was with an elderly father, two younger sisters, and the disability of hands which made me stand out. Anywhere I went people were watching me. Whenever I entered a room, everyone became visibly nervous. I could not even escape among strangers because I now had a stamp on my forehead because my fingers were cut off. I tried for six months and could not find a job. Not only would they not give me a job, they would point me out everywhere. I had no job, no income and due to my family’s devastating poverty and hunger, I had to resort to robbery once again. One year after my release, I was arrested again in 2001. I was convicted in Branch 1 of the Judiciary and Judge Ashurlu ordered the amputation of the toes of my left foot.
In 2002, my elderly father passed away which was a devastating blow to me as my two sisters were now left alone. On September 21, 2009, after 8 years of waiting for my punishment, they amputated my toes with the very same wire cutter with which they had cut off my fingers. I felt useless and empty. This feeling increased since I had to ask others to help me with everyday tasks as I could not do anything for myself. It took one year before I learned to walk on my leg again; as a result of the amputation, I suffer from chronic lower back pain. I am currently suffering from a lot of pain due to the amputations, both physically and psychologically for which I have to take various medications.
Two years after the amputation of my toes, I was exiled to the province of Alborz which is too far away for my family to ever visit. I have not seen them for 3 years now. From here I have no way of negotiating with the officials for the condition of my freedom.
In conclusion, I wish to present a complaint against the Islamic Republic of Iran, its leaders, officials and judiciary for amputating my body parts, rendering me disabled, causing me chronic pain and leaving me with no way to make a living as a direct result of the amputations. I ask human rights organizations and international law societies to help me with my rights in any way possible.
Reza Safari
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."
