Abdorrahman Boroumand Center

for Human Rights in Iran

https://www.iranrights.org
Promoting tolerance and justice through knowledge and understanding
Flogging

Flogging, Seyed Milad Musavi Mirkala'i, Tehran, Edaalat Iran, March 12, 2022

Edaalat Iran
March 12, 2022
Court document

Date of Case Closing: March 12, 2022

Matter related to complaint of deputy prosecutor's office Tehran District 21 (Ershad)  - deputy prosecutor against Seyed Milad Musavi Mirkala'i for disturbing public order and comfort and consuming intoxicants; case closed due to implementation of the issued sentence.

[Request/Case Charges]

1. Disturbing Public Order and Comfort

2. Consuming Intoxicants

Verdict

In regard to the charges against Mr. Seyed Milad Musavi Mirkala'i, son of Seyed Abdol Hamid, 30 years old, with a criminal record, for consuming intoxicants and disturbing public order and comfort, matter of indictment 30001088430 issued on 1400/10/21 by the prosecutor's office of Tehran District 38, with attention paid to the case contents, the police report, the positive results of the defendant's alcohol test, the minutes of the officers' meeting, the defendant's explicit confession to drinking alcohol with knowledge that it is banned and to clashing with a neighbor, according to the contents of the case and other evidence related to the case, the crimes attributed to the defendant are certain. Therfore, the court, based on articles 264 and 265 of the Islamic Penal Code approved in 1392 and Article 618 of the Penal Code (Book Five), and in compliance with note of Article 1 of the Law on Reducing the Punishment of Imprisonment approved on 1399/02/23 by the Islamic Majles and Article 18 of the Islamic Penal Code approved in 92, the defendant is sentenced to 80 lashes for the crime of consuming intoxicants and four months imprisonment and 50 lashes for disturbing public order and comfort while having a prior criminal record and creating trouble for his neighbors.......

Garavandi, chief of Branch 1088, Tehran Criminal Court Two

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."