Abdorrahman Boroumand Center

for Human Rights in Iran

Promoting tolerance and justice through knowledge and understanding
Amputation and Blinding

Hand Amputation in Mashhad: A man’s hand was amputated for alleged robbery

Fars news agency
October 12, 2010

"Fars news agency: The Public and Revolutionary Prosecutor of Mashhad announced the hand amputation of a robber in the Mashhad prison.

According to the Fars news agency in Mashhad, during a news conference at the Gathering Hall of the Khorasan-Razavi Court House, Mahmud Zoqi referred to the policies of the Public Prosecutor's Office in Mashhad and stated: Based on Article 201 of the Islamic Punitive Code and also based on verse 38 of Ma'edeh Sureh [a chapter in Quran], a hand amputation is carried out after investigation and for protecting public security and well being.

The Public and Revolutionary Prosecutor of Mashhad indicated that 24 conditions are necessary before a hand amputation is carried out. He clarified that the ruling against this defendant was carried out after due process of law and the announcement by the appeals court.

About the robbery of this robber, he stated: This robber, along with his collaborator, committed two robberies in addition to creating an atmosphere of intimidation and fear. During his first robbery, he entered a shop at night, broke the safe, and stole documents and money from inside the safe.

The Public and Revolutionary Prosecutor of Mashhad continued: During the second robbery, this robber and with his collaborator covered their faces and entered a private house. When they faced the landlord, they threatened him with a knife and ultimately tied the hands and legs of the landlord and his wife, and stole their documents, gold, money, and belongings."

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."