Extracted from Islamic Republic of Iran’s Current
Judicial Laws
RETALIATION,
STONNING, EXECUTION, CRUSIFICATION, HANGING, AND WHIPPING
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Article 5 – The cases of insanity,
apostasy, illness of the prisoner or menstruation period of
female prisoners do not constitute causes to suspend the
execution of the death sentence or any other verdicts of the
court.
However, in the case of a sickness, if his or her sickness,
based on the opinion of the legal physician or a trustworthy
physician, upon approval of the judge who has issued the
original decree or upon the opinion of the prosecutor, is to
such extent that it prevents the formalities of the
execution outlined in this article, then the execution of
the verdict will be delayed until such obstacles are
removed.
Section 3:
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The Method of Implementation
Article 14 – The implementation of verdict in form of
retaliatory execution of the convict or punishment for
homicide can be done by hanging, shooting with fire arm, or
electrocution, or any
other way as seen appropriate by the “ruling judge”.
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Section 4:
Special Ceremonies for
Implementation of Stoning to Death
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Article 22 – Members of the police or
prison guards must initially dig the location for execution
of the verdict, according to and following the description
in Article 102 of “Islamic
Penal Law”, and prepare some amount of stones (rocks) of
specified sizes according to Article 102 of the
aforementioned law.
The “executing judge” will initially inspect the
preparations and, upon satisfactory inspection, he will
order the execution to proceed.
Article 23 – In the case when
conviction of the prisoner is based on his (her) confession,
the “ruling judge” will throw
the first stone
at the convict, then the spectators can proceed to cast
their stones.
However, if conviction is based on the statement of
witnesses, the first stones are thrown by the witnesses,
followed by the “ruling judge”.
Clause 1 - The “ruling judge” refers to
the judge who initially has ruled the verdict, unless the
“assessment branch office of the supreme court” has
nullified the ruling of the original court, and has
ruled for stoning.
In which case, the head of the aforementioned office
or one of the members in that office, upon recommendation of
the head of that office, can execute the stoning verdict.
Clause 2 - The absence or refusal of
the “ruling judge” or witnesses for throwing the first stone
do not constitute reasons for suspension of the verdict. And
in any case the verdict will be executed by the order of the
“executing judge”, unless the charge of fornication of the
convict is proved by statements of the witnesses, and
witnesses have run away at the time of stoning. Or, if
fornication is proved by confession of the accused, but (s)
he can manage to escape from the hole in ground in which (s)
he was buried.
In these two cases the verdict will not be executed and the
“execution judge” will issue the order to suspend the
verdict.
The same is true if the case falls under Article 71 of
“Islamic Penal Law” approved in 1370 (1991 A.D.), in which
case Clause 17 of that Article will be implemented.
Section 5:
Execution by Hanging
Article 24 – In execution by hanging,
the prisoner will be hung on a hanging truss which should
look like a cross, while his (her) back is toward the cross,
and (s)he faces the direction of Mecca [in Saudi Arabia],
and his (her) legs are vertical and distant from the ground.
Then the convict is left in that position for 3 days
while the guards and the police watch him (her).
After the 3rd day, (s)he is dismounted
from hanging pole.
If (s)he is diseased, (s)he will be buried after
religious burial rituals, but if still alive, (s)he will be
released and if medical treatment is needed such treatments
are allowed.
Chapter 2:
Implementation Methods for Verdicts
that Involve Cutting of Body Parts
Article 25 – For
implementation of verdicts that require cutting of body
parts, in addition to adhering to laws and regulations in
“Islamic Penal Law”, conforming to Articles 1, 3, 4, 5, 6,
14, 15, 16, 18, 19 and 20 of this document is necessary.
Article 26 – The presence of a
physician for confirmation and implementation of the
contents in articles 272, 275, 290, and 291 of “Islamic
Punishment Law” is required.
Chapter 3:
Implementation Methods for Whipping
Verdict
Article 27 – Whipping is executed by a
leather strap with strands woven together, and approximate
length of 1 meter (3.5 feet), and approximate diameter of
1.5 cm (0.6 inch).
Article 28 -
The arms and legs of the prisoner is cuffed as tight
as possible, to restrain movements of the body, that may
cause the lashes to hit “prohibited” areas of the body.
Clause – The “prohibited”
areas of the body are the head, face and private parts.
Article 29 – In the case
when lashing is performed indoors, the air temperature
should be medium; and if it is done outdoors, temperature
should not be too cold or too warm.
In cold areas, attempt should be made to execute
whipping in warmer hours of the day.
In hot areas, it should be done during cooler time of
the day.
Article 30 – Execution
of whipping in reference to intensity of hits is as follows:
The punishment for fornication and
sex-without-intercourse is more intense than that for
drinking alcohol.
And, punishment of drinking alcohol is more intense
than that for being a pimp.
Article 31 – The execution of lashes is in accord
to article 300 of prosecution laws of “Public Courts” and
“Revolution Courts” related to punishment matters, and
conforms to regulations published in “Islamic Penal Laws”.
Article 32 – Execution of
lashes for women is done with them in sitting position, and
wearing such cloths that covers their bodies.
Article 33 – Execution of lashes for
men is done while they are in standing position, and, in
case of fornication and sex-without-intercourse, it is done
while they wear nothing except covering their genital areas.
And, in the case of being a pimp, whipping is done
over their normal cloths.
Article 34 - Execution of whipping as a
punishment based on judge’s interpretation of the laws, is
done in accord with Article 288 of the “justice laws of the
public and revolutionary courts in retributive matters”, and
according to the following methods:
(a)
The prisoner is lying on his stomach
and wearing normal cloths, and lashes are given to his (her)
back, except head, face and genital areas.
(b)
Lashes are given uniformly and with
medium force.
Article 35 – This document
is in accord with Article 293 of “Justice Laws Of The Public
And Revolutionary Courts In Retributive Matters”, approved
on 28/6/1378 (July 1999), by Commission On Judicial Matters
Of Islamic Parliament, written in 36 Articles and 7 Clauses,
and was approved by the Minister of Justice Department.
Signature:
Minister of the Justice
Department, Seyed Mahmood Shaahroody.
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