WUNRN
Iran – Crushed
Under Stones – Women
Long list of those awaiting execution by stoning
By Dr. Soheila Vahdati
17-July-2010
As protests against the stoning of Sakineh Mohammadi Ashtiani
arose amongst the public and western officials, the IRI embassy in
On the contrary, the Secretary of Judiciary Commission of Human Rights declared
that death by stoning does exist in the law of the country and that it would be
implemented.
Now, it is feared that the Islamic Republic of Iran may decide
to suddenly execute all those sentenced to stoning, either by stoning or
hanging, in an attempt to quiet the rising western opposition as quickly as
possible.
It is especially important to note that the Iranian embassy in
London did not mention that Sakineh would be released, just that she would not
be stoned to death, leaving open the possibility of her being hanged instead.
Clandestine Operation of Judiciary
Since the practice of stoning is not compatible with the culture
of the Iranian people and is strongly opposed by the public, the Judiciary
executes stoning sentences in secrecy, often in closed cemeteries or remote
locations. The bodies of the stoned victims, in some cases, have not even been
returned to the families.
Even the term “stoning” has been banned in the Iranian
press.
The government policy on stoning has been to implement the
practice in secrecy to promote very little uproar, yet they have resorted to
hanging the victims when facing public outcry and protests.
Judiciary Insisting on Death Sentence for Sexual Behavior
Following the announcement by the IRI Embassy in
stoned, Mohammad-Javad Larijani, Secretary of the Judiciary Commission of Human
Rights, arranged a private press conference on Friday, July 9, 2010, with IRNA
to demonstrate that the Islamic Republic would not relent under the pressure of
public opinion or European officials.
Mr. Larijani started by saying, “First, punishment by
stoning is in our Constitution, but it is issued in limited number of cases by
judges in courts.”
Then, he spoke of “alternative punishment”, implying
hanging as an alternative to stoning.
Mr. Larijani then concluded that “The attacks launched by
the west in this regard have no effect on the decision of our judges.
Implementation of holy Sharia laws of Islam such as stoning
sentences, hijab and inheritance have always been faced by shameless enmity [by
the West], and basically anything close to religious orders faces their
opposition.”
Then, on July 11, Malek Ajdar-Sharifi, the Head of Judiciary in
Eastern Azerbaijan province, where Sakineh’s case is being processed, told
IRNA, the state news agency that “Although the sentence is final and must be
implemented, it has been stayed for humanitarian reasons and by the order of
the Head of Judicairy, and will therefore not be implemented for the time
being.”
Ajdar-Sharifi stated, “The Judiciary is determined to follow the
law and rules and anytime that the honorable Head of Judiciary sees
appropriate, her sentence will be carried out regardless of the western media
hype.”
Sentenced to Death by Stoning
Sakineh Mohammadi Ashtiani is only one of the thirteen known
people who are sentenced to death by stoning. There may be more cases that we
are unaware of in small towns where news reporters and human rights defenders
have little activity, and these victims die in silence. The information about
those currently charged with “adultery” – i.e., being married and
having a sexual relationship with somebody other than their spouse – and
currently kept in prison is listed below.
• Kobra Babayi – mother of a 13-year-old girl. Lawyer: Mohammad
Mostafavi Note: Her husband, Mohammad Rahim was executed in 2009 for adultery.
• Sakineh Mohammadi Ashtiani – 43 year old, mother of two
children, Farideh 19 years old and Sajjad 22 years old. Lawyer: Mohammad
Mostafavi Note: once sentenced to 99 lashes which have been implemented. Tried
again for the same offense and sentenced to stoning. Her children have written
a letter to the public asking for their help in saving their mother.
• Azar Bagheri – woman ,19 years old, lawyer: Javid Kian
Note: Imprisoned and tried at age 15 following complaints by her
husband, and sentenced to stoning. • Maryam Ghorbanzadeh, woman, 25 years old.
Attorney: Javid Kian
Urumiyeh
• Sarymeh Ebadi (or Sarymeh Sajjadi) – woman, 31 years old,
mother of two children. Lawyer: Unknown
• BouAli Janfeshani – man, 33 years old, father of a son.
Lawyer: Unknown Note: These two individuals were charged with adultery and
sentenced to death by stoning in January 2009. The verdicts have been approved
by the Branch 12 of Court of Appeals in
Urumiyeh.
•
son. Lawyer: Unknown Note: She is from a Bakhtiari tribe and had a forced
marriage to her cousin. Her husband was not home for months at a time and she
entered into a relationship with a neighboring boy via mail and phone chats.
One day her husband jumped over the wall into the yard, caught them talking,
and beat her severely after the boy ran away. The boy came back to help her and
the husband was killed with a knife. She was first sentenced in March 2005 in
Khuzestan by the lower court to five years imprisonment for being an accomplice
to murder and to death by stoning for adultery. The Supreme Court approved the
ruling in April 2006. Considering the tribal culture in the region,
escapes execution by the government.
• Kheyriyeh Valania – woman, 42 years old, mother of several
children. Lawyer: Unknown Note: She was convicted because she confessed to
adultery four times. She has been a victim of domestic violence and had an
affair with the man who killed her husband. She denies any involvement in the
murder of her husband, but has been convicted as an accomplice. The third
Branch of the General Court in Behbahan sentenced Kheyriyeh to death by stoning
in April 2002 for adultery. Kheyriyeh says: “I don’t mind being executed,
but don’t want to be stoned! They suffocate you and you die, but it is very
hard to be hit by stones in the head again and again!” She would have no refuge
if released, and is sure that she would be killed by her brothers.
• Ashraf Kalhori – woman, 41 years old. Lawyer: Unknown Note:
The execution of her stoning sentence has been stayed by a direct order by
Shahrioudi who was the head of the judiciary at the time. She is still kept in
Evin prison. In the past, her lawyer was Shadi Sadr who now resides outside the
country.
• M. Kh. – woman, Age: Unknown, Lawyer: Unknown • Hasheminasab –
woman, Age: Unknown. Lawyer: Unknown Note: These two women are kept in
Vakil-Abad prison in
• Mohammad-Ali Navid-Khamamy – man, age: unknown, Father’s name:
Safar, Lawyer: Unknown Note: He was sentenced to death by stoning In June 2008.
Sari
• Seyyed-Naqi Ahmadi – man, Age: Unknown. Lawyer: Ebrahim
MohammadiNote: In June 2008, three of the five judges of the Criminal Court of
Mazandaran province sentenced Seyyed-Naqi Ahmadi to death by stoning. The
accused was charged with adultery with a woman named Puran. Puran was acquitted
of the adultery charge because her husband was not accessible at the time of
the affair. The sentences were later approved by the Branch 33 of the Supreme
Court.
“Judge’s Knowledge”: Sufficient Proof for Convictions
In adultery cases, there are no witnesses (at least four
witnesses must testify) or conclusive evidence to prove that the act of
adultery has taken place. The sole reason for the conviction is often the
“judge’s knowledge” or subjective opinion of the judge, which is random and
arbitrary. It is as though the judge is equipped to recognize the adulterous
individuals. Interestingly, no judge in
imprison that person, but can use his knowledge to convict one with adultery
and sentence him/her to death by stoning. In some cases, the accused has been
threatened and tortured to confess to adultery four times in the absence of
four witnesses.
Access to Legal Counsel?
Considering that most people sentenced to death by stoning come
from disadvantaged sections of society, the majority of them do not have access
to a lawyer from the beginning. Therefore, they confess to the charges under
pressure without being aware of the gravity of the possible consequence. The
law requires that the defendant be represented by a lawyer in criminal court.
Thus, they are assigned a public defender which in most cases is, unfortunately,
inexperienced and/or does not spend the needed amount of time and energy on the
case to save the defendant’s life.
Recently Stonings
to monitor its performance. Hence, the number and names of those whose stoning
sentences have been approved by the Supreme Court and have been implemented
remains unknown. Below is the list of those whom we know have been stoned to
death since 2006.
• Mahboubeh Mohammadi, (woman) She is reported to have confessed
to adultery by the threat of torture, stoned to death in May 2006, along with
Abbas Hajizadeh.
• Abbas Hajizadeh, (man) He was stoned to death in May 2006.
• Three men were stoned in January 2008 in the Behesh-Reza
cemetery in
One of them, an Afghan citizen named Mahmoud, was able to escape the pit and
was severely injured. The other two, one named Hooshang Khdadeh and another
unknown, were stoned to death.
• Jafar Kiani, (man) The Head of Judiciary ordered a stay of his
execution after the Stop Stoning Forever campaign drew global attention to the
case, but the local judge ignored the order and implemented the sentence in
Takistan, near
• Vali Azad, (man) a resident of Pars-Abad, Moqan, was stoned
secretly in
family. Female judge Hojatoleslam Kashani, the judge residing at the branch 11
of the
issued and carried out the sentence. A woman, who was his partner in the act,
was pardoned. The implementation of stoning was officially confirmed by the
judiciary spokesman, Alireza Jamshidi, at the time.
Hanging instead of Stoning
The “Stop Stoning Forever” campaign started in 2005
and revealed that stoning cases were still being issued and implemented despite
the IRI claim of an enforced moratorium on stoning.
Following the relative success of the campaign and the severe
and extensive international outcry, Mr. Shahroudi, the Head of the Judiciary at
the time, ordered the use of alternative punishments, i.e., alternative
corporal punishments in the place of stoning.
It should be noted that the exact number of people executed by
hanging instead of stoning is also not clear and what follows only indicates
the cases we are currently aware of.
Sari
• Abdullah Farivar – (man) 53 years old, Sari Prison – He was a
music teacher and was executed in February 2008.
• Afsaneh Rahmani – (woman) Adel-Abad Prison,
• Rahim Mohammadi – (man) Kobra Babai’s husband, was executed in
October 2009.
• According to unconfirmed reports, a woman was hanged in a
closed room in Evin prison,
Saved from Stoning
The “Stop Stoning Forever” campaign was launched by
Asieh Amini, Shadi Sadr, and myself, along with the help of volunteer lawyers
and other human rights defenders, in 2006. Through raising public awareness in
Iran and the world about stoning cases, and with the hard work of volunteer
lawyers in defense of the convicted, the campaign succeeded in changing some
stoning sentence to “alternative” punishments, e.g., lashing, and in some cases
obtaining a pardon by the head of judiciary.
Consequently, the lives of some of those sentenced to stoning
were saved, including the following:
• Parisa Akbari (wife of Najaf Akbari), Adel Abad Prison,
Parisa Akbari),
• Soghra Mowlayi, Varamin prison, Varamin –(woman) was acquitted
of charges of adultery.
• Kobra Najjar, Rajayi-Shahr prison in
years.
• Mokarrameh Ebrahimi (wife of Jafar kiani who was stoned to
death), Chubindar prison,
• Hajieh Esmailvand, Jolfa prison,
• Shamameh (Malek) Ghorbani, (woman) the prison Urmia,
• Zohreh Kabiri (Sister of Azar Kabiri), Rajayi-Shahr prison in
• Azar Kabiri (sister of Zohreh Kabiri), Rajayi-Shahr prison in
• Azam Khanjari
• Zahra Rezayi, Rajayi-Shahr prison in
• Leila Qomi, Evin prison,
• Fatima Amani- Evin Prison,
imprisonment.
Impact on Culture
In
stoning had been unprecedented in the past few decades prior to the Islamic
regime unlike countries like
and
without any legal verdict.
Since punishment by stoning for the so called crimes of sexual
misconduct has been sanctioned by the Islamic Penal Code and implemented by the
government, it has, unfortunately, been adopted by some uneducated and fanatic
people from underprivileged communities, as well, as a punishment for
inappropriate sexual behavior. The case of a 14-year-old girl stoned by her
father in Zahedan, Sistan and Balouchestan province in 2008, is a sad example
of this spread of violent behavior.
Etemaad newspaper, on Sunday, February 17, 2008, reported that
“Father’s honor: cause of stoning his 14-year-old daughter.”
According to the report, a young woman went to the law enforcement officers in
Zahedan while crying terribly and informed them that her daughter had been
murdered. She said, “My husband, Sharif, is a very suspicious and grumpy man
and mistreated my daughter and me and my daughter, Somayyeh, was harassed by
him the most until he found an excuse to take her out of the house and took her
to an unknown place and neither of them have returned home since.”
Mohammad-Sharif, the father, eventually confessed to the crime
and said, “I recently noticed my 14 year old daughter was behaving suspiciously.
At first, I tried to calmly deal with the situation and do some investigation
to find out why Somayyeh was acting this way and leaving home for no reason and
had no explanation when she returned late at night. Finally, I could not
control myself and scolded her, but it was no use because my child accused me
of skepticism and told me she had done no wrong. After a while, I became
certain that she was involved with a man. I saw my honor gone, and tolerating
the situation and choosing silence would have been deadly for me. I decided to
kill Somayyeh and save myself from this shame. Meanwhile, I had to select a
method for killing her to truly punish her for what she had done. Finally, I
decided to stone her. But since I could not do it alone, I asked one of my
friends named Ghafour to help me out and once he learned of my problem, he
agreed to help me with killing Somayyeh who was a stain of shame in the family.
Ghafour called some other people, and we set a date and place for our plan. At
the day of the incident, I forced my daughter to leave home with me and pulled
her towards the Hlour heights. She was frightened the whole way and although
she knew there was no happy ending awaiting her, she did not know what
punishment I had considered for her. After we reached the place, I threw her on
the ground and we began stoning her. Somayyeh was screaming constantly and was
trying to save her life by pleading and begging. But I had no other way to
retain my lost honor and live honorably but to kill her.”
Cultural Sensitivity and Civil Protest
While the report by the Etemaad newspaper used the term
“shocking” to describe Sharif’s confession, it seems that the
implementation of stoning by the Islamic regime is not as shocking to the
society. Perhaps this is because the facts about stoning sentences are denied
and censored.
But does the government’s censorship and denial explain the
society’s lack of strong reaction?
When the case of Sakineh Mohammadi Ashtiani came into light, it
was shocking in the west and the Islamic Republic authorities were flooded by
the waves of protests and objections from all western countries, but the two
leaders of the Green Movement, Mousavi and Karroubi, who are known as the
beacons of collective consciousness for progressive segments of society, were
completely silent in this case.
There is no civil protest by the people, either. It may be
because the practice of stoning by the Islamic regime has been partially
accepted and justified by the brutal and violent nature of the reactionary regime,
while in the West stoning is not tolerated and cannot be justified, not even
when it is done by Taliban.
We, the Iranian people, must ask ourselves: Why is it that we do
not demonstrate sensitivity towards stoning? Is our awareness of the violent system
of punishment by the Islamic regime sufficient to silence us?
Note
Resources used in preparing this report include reports by
Amnesty International, International Federation of Human Rights, Human Rights
Activists News Agency in Iran, HamMihan, Etamaad, IRNA, The Guardian, Mohammad
Mostafaii’s weblog, Saghi Laghaii (Women’s Field) – and conversations with Mina
Ahadi and human rights defenders in Iran. Considering that access to accurate
and updated news about all cases of stoning is very difficult for one person
living outside of the country to compile, I invite you all, and especially
lawyers, journalists and human rights activist to cooperate so we can put
together a complete list of all the individuals who are in danger of stoning
and their family status, case status and the level of their access to counsel.
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