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Flogging

Iran's Judiciary Continues to Humiliate and Harm Citizens With Flogging Sentences

Abdorrahman Boroumand Foundation
Abdorrahman Boroumand Center
August 21, 2017
Report

In the Islamic Republic of Iran, at least 148 crimes are punishable by flogging. The laws related to flogging are broad and encompass a wide array of acts recognized as crimes. The criminal code recognizes corporal punishment (hadd and ta’zir) for offenses such as: consumption of alcohol, drug use and petty drug dealing, theft, adultery, "flouting" of public morals, illegitimate relationships, and mixing of the sexes in public. Flogging is also used in interrogations, presumably to punish the detainee for not telling the truth. In the case of political prisoners, flogging was routinely used in the 1980s and it continues to be used to extract confessions, though less systematically.

Owing to the Iranian judiciary's failure to provide transparency and fair and open trials, many cases go unreported in Iranian media; moreover, the shame and trauma associated with corporal punishment makes many of those subjected to it reticent to share their stories. Thus, real numbers are necessarily higher than those for which ABF collects reports. Regardless, this cruel and unusual punish continues to be issued in high numbers and demands the attention of the Iranian public and human rights community. ABF has collected reports of 103 flogging sentences issued by the Iranian judiciary from January 1, 2017 through August 21, 2017 and at least 39 flogging sentences implemented in the same period.

Those subjected to this cruel and unusual punishment include Nasratollah Kh., given 50 lashes in Qazvin Central Prison for hashish trafficking alongside a death sentence; Hossein Movahedi, a young journalist flogged for reporting an incorrect number of motorcycles seized by law enforcement; Ali Bidi, an Iran-Iraq war veteran who was flogged on charges he alleges were trumped up by a parliament member bearing a grudge against him; V.F, an alleged rapist who was flogged publicly before being put to death in Kerman; 20 unknown persons flogged for publicly breaking the Ramadan fast in Qazvin; seven alleged gang members flogged for disturbing public order through armed brawls in Quchan; and Hassan Rastegar Majd, a Kurdish political prisoner given 20 lashes for “disrupting prison order.”

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."