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Flogging

Flogging of a Political Activist in Tehran: Mansur Faraji Received 30 Lashes for Alleged Illegal Border Crossing

Student Committee for Defending Political Prisoners/English Translation ABF
Abdorrahman Boroumand Foundation
August 6, 2011
Report

"Student Committee for Defending Political Prisoners: The inhumane ruling of the Revolutionary Court against Mansur Faraji, a member of the Democratic Front in Iran and the Democratic Party of Iran, was carried out. Mansur Faraji cooperated with the United Front of Students of the Democratic Front in Iran since 1999. He was a co-founder of the Democratic Party of Iran in 2004. Because of this, he was arrested in September of 2007 and condemned to 3 years suspended imprisonment, paying 3 million Rials fine, and receiving 30 lashes."

ABF Note: According to the Human Rights Reporters' Committee, on October 26, 2010 Branch 36 of the Appeals Court in Tehran condemned this political activist to two years suspended imprisonment for ‘acts against national security,' to one year suspended imprisonment in a five years probation period and 10 million Rials fine, for ‘propaganda against the regime by publishing statements and establishing the Democratic Party of Iran,' and to 30 lashes and paying 3 million Rials fine for ‘illegal border crossing, using forged documents, and possession of a satellite dish.' Mansur Faraji was arrested on September 9, 2007. He was released after serving 80 days and on a bail of 100 million Tumans.

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."