URGENT
ACTION
PUBLIC AI
Index: MDE 13/083/2006
UA 203/06 Imminent execution 27 July 2006
IRAN Ashraf Kolhari (f)
aged 37
Ashraf Kolhari, a mother of
four children between the ages of nine and
nineteen, is at imminent risk of execution by stoning for adultery. She has
been held in
remaining ten years of her prison sentence before she is executed. However, on
or around July 2006, she received the order for the implementation of her
sentence, and is reportedly due to be executed by stoning by the end of July.
Ashraf Kolhari had an extra
marital affair after her divorce request was
rejected by the court, reportedly on the basis that she had children, and
therefore had to resume living with her husband. She was sentenced on two
charges; the first was for participating in the murder of her husband, for
which she received a sentence of 15 years imprisonment; the second was for
adultery as a married woman, for which she was sentenced to execution by
stoning. Article 83 of the Iranian Penal Code stipulates that the penance for
adultery by a married woman with an adult man is execution by stoning.
In death penalty cases such as murder, in which the sentence is ‘qesas’
(retribution), the victim’s family has the right to pardon the condemned.
However, in death penalty cases where the charge is adultery, according to
Article 72 of the Penal Code, if a person confesses to adultery and
subsequently repents, the Judge can ask for his or her pardon by the Supreme
Leader. Article 4 of the Implementation of Execution Law
states that after
repentance, the case must be referred to the Parole Commission. Ashraf Kolhari
has reportedly written to the Head of the Judiciary, Ayatollah Shahroudi,
asking for forgiveness.
BACKGROUND INFORMATION
Amnesty International opposes the death penalty in all cases as the ultimate
cruel, inhuman or degrading punishment and a violation of the right to life.
Amnesty International further believes that execution by stoning aggravates the
brutality of the death penalty and is a method specifically designed to
increase the victim's suffering since the stones are deliberately chosen to be
large enough to cause pain, but not so large as to kill the victim immediately.
The Iranian Penal Code is very specific about the manner of execution and types
of stones which should be used. Article 102 states that men will be buried up
to their waists and women up to their breasts for the purpose of execution by
stoning. Article 104 states, with reference to the penalty for adultery, that
the stones used should "not be large enough to kill the person by one or
two
strikes; nor should they should they be so small that they could not be defined
as stones". Death by stoning violates Articles 6 (right to life) and 7
(prohibition of torture and cruel, inhuman or degrading treatment or
punishment) of the International Covenant on Civil and Political Rights
(ICCPR).
As a state party to the ICCPR,
commitment under article 6(2) that if it imposes the death sentence this will
be "only for the most serious crimes". The UN Human Rights Committee
(in the
case of Toonen v
fornication as criminal offences does not comply with international human
rights standards. Therefore the sentence of execution by stoning imposed on
Ashraf Kolhori breaches
a recognizably criminal charge. Amnesty International opposes the
criminalization of private, adult consensual sexual relations.
According to reports at the time, in December 2002 Ayatollah Shahroudi, the
Head of the Judiciary, sent a ruling to judges ordering a moratorium on
execution by stoning, pending a decision on a permanent change in the law to be
taken by the Supreme Leader of the Islamic Republic of Iran. However, on 18
September 2003, the Official Gazette published a law entitled ‘Implementation
regulations for sentences of retribution, stoning, killings, crucifixion,
execution and lashing’.
Since December 2002, Amnesty International has recorded cases in which a
sentence of execution by stoning was passed, but not any in which the sentence
was implemented. However, in May 2006 it was reported that Abbas
Hajizadeh (m)
and Mahboubeh Mohammadi (f)
were executed by stoning in a cemetery in Mahshhad,
part of which was cordoned off from the public. More than 100 members of the
Revolutionary Guards and Bassij Forces, who had
previously been invited to
attend, participated in the stoning. They were reportedly convicted of
murdering Mahboubeh Mohammadi’s
husband, and of adultery. It was for the charge
of adultery that they were reportedly sentenced to death by stoning. Mahboubeh
Mohammadi also reportedly received a 15-year prison
sentence, which should have
been served before she was executed. Amnesty International wrote to the Head of
the Judiciary seeking clarification of these reports, but to date has not
received a reply. According to Shadi Sadr (f), a lawyer and women’s rights
defender (WHRD), who is defending Ashraf Kolhari, and has begun a campaign
against stoning, there are several other women under sentence of execution by
stoning.
http://web.amnesty.org/library/Index/ENGMDE130832006?open&of=ENG-IRN