Abdorrahman Boroumand Center

for Human Rights in Iran

Promoting tolerance and justice through knowledge and understanding

Flogging Before Execution in Qazvin: A Woman Received 74 Lashes for Alleged Robbery

Iran newspaper
December 20, 2010
Newspaper article

"According to our reporter and based on the case documents, the first female serial killer in Iran, Mahin, began her murders by killing a woman named Kobra around Barajin area in Qazvin on February 5, 2008. After suffocating her victim, she stole her gold. This thirty-five-year-old woman committed similar crimes and murdered three other women named Gorji, Atefeh, and Soghra. Finally, after police investigated, Mahin's house in Barajin was identified and she was arrested during a police operation on May 14, 2009. After being transferred to the Intelligence Police Office, Mahin confessed to killing her landlord, Sefatollah, and a relative of her husband, Banu, in addition to the killing of Kobra, Gorji, Atefeh, and Soghra. After the investigation was completed, an indictment was issued charging her with six murders and robbery from victims and the case was sent to Branch Two of the Provincial Punitive Court of Qazvin. ...

After investigating the case, judges condemned Mahin to Qesas [death penalty] six counts based on her confession and the request by victims' families. Also, she was condemned to 24 months imprisonment, receiving 74 lashes, and restitution of stolen gold from robbery. When the defendant objected to the ruling, the case was sent to the Supreme Court and was confirmed by its judges. After the preliminary process was carried out, Mahin went to the gallows at the Qazvin prison today [December 20, 2010] at dawn."

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."