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Flogging

Public Flogging in Kashmar: Eight individuals received lashes for various charges

Kayhan newspaper
October 8, 1989

"Mashhad - Kayhan reporter: Members of a bribery and embezzlement gang, including officials of the Deeds and Property Registration Office and the Endowment Organization in Kashmar, had been arrested and imprisoned for bribery and embezzlement. The Islamic Revolutionary Court of Kashmar condemned them to imprisonment, lashes, paying fines, and discharge from their services. ...

According to this report, these defendants also caused public distrust towards the regime by spreading rumors against officials and the system in addition to plundering endowments and taking advantage of public property. The rulings issued by the Islamic Revolutionary Court of Kashmar are as follows:

1- Mohammadhassan Kaboli, son of Gholamreza, the Head of the Deeds and Property Registration Office in Kashmar, was condemned to 15 years imprisonment, permanently banned from public services, repaying twice as much as the embezzlement amount, and 65 lashes for bribery and embezzlement of 3 million and 46 thousand Rials. He was also condemned to paying 40 thousand Rials fine and 20 extra lashes for possession of narcotics, and to 30 lashes for using narcotics. 2- Jalal Abbaspur, son of Mohammad, the previous Head of the Urban Land Office in Kashmar, was condemned to receive 110 lashes in two sessions, five years imprisonment, permanently banned from public services, and paying back the embezzlement amount for bribery and embezzlement of 3 million and 455 Rials. 3- Ahmad Nikdel, son of Hossein, the previous Head of the Endowment Organization in Bordskan District, was condemned to 60 lashes, five years imprisonment, permanently banned from public services, and paying back the embezzlement amount for bribery and embezzlement of 30 million and 60 thousand Rials. He was also condemned to two years imprisonment for forging official documents, and to 30 extra lashes for using narcotics. 4- Mohammadnader Na'i, son of Abbasqoli, an employee of the Endowment Organization in Kashmar, was condemned to 65 lashes, fifteen years imprisonment, permanently banned from public services, paying back the embezzlement amount, and paying one million Rials fine for bribery and embezzlement of 4 million, 760 thousand and 500 Rials. 5- Ali Anbia'i, son of Alireza, an employee of the Endowment Organization in Kashmar, was condemned to 65 lashes, fifteen years imprisonment, permanently banned from public services, and paying back the embezzlement amount for bribery and embezzlement of 7 million and 252 thousand Rials. 6- Mohammadhossein Vala'i, son of Mohammad, an employee of the Endowment Organization in Kashmar, was condemned to 70 lashes, five years imprisonment, and permanently banned from public services for bribery and embezzlement of 618 thousand Rials. He was also condemned to paying 20 thousand Rials fine and 30 lashes for possession of and selling opium, and to 30 extra lashes for using narcotics. 7- Abdolvahab Hosseina'i, son of Hossein, an employee of the Deeds and Property Registration Office in Kashmar, was condemned to 74 lashes, permanently banned from public services, and paying back the amount he received for bribery of 759 thousand Rials. 8- Hassan Ansari, son of Ali, an employee of the Endowment Organization in Kashmar, was condemned to 60 lashes, permanently banned from public services, paying back the amount he received, and paying 500 thousand Rials fine for bribery and embezzlement of 9 million and 680 thousand Rials.

According to our reporter from Kashmar, these rulings were carried out in the presence of the Friday Prayer Emam and officials of the Islamic Revolutionary institutions at the police station of this city."

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."