Iran: Urgently appeal against the execution, by
stoning, of Ashraf Kolhari
8/08/2006: WLUML has received the
following request for solidarity from an Iranian
networker who is voluntarily representing Ashraf
Kalhori, currently in Evin prison in Tehran and
scheduled to be stoned to death as a result of having an
extramarital affair, despite her earlier request for a
divorce being denied.
Please immediately send
urgent letters to the Iranian authorities.
WHAT YOU CAN DO
A sample letter
and addresses of officials to be contacted, follow
below:
Sample letter
Your
Excellency,
I/we urge you to immediately cancel
the execution of Ashraf Kalhori, a woman imminently
sentenced to be stoned to death for adultery in the name
of Islam. We are concerned that such an unacceptable and
inhumane punishment is being applied to a women who
herself is a victim of the justice system, as such a
precedent would only confirm misunderstandings about
Islam.
We know that women have the right to
divorce under Islam if they are no longer happy within a
marriage. The court did not approve Ashraf Kalhori’s
plea for divorce which is her Islamic right, in spite of
the fact that routinely women have little say in
choosing their marriage partners. We find it ironic that
Islam is now unjustly being used to justify her
execution by stoning.
WLUML is gravely concerned
that Ashraf Kalhori has been sentenced to death for
adultery. In Iran, women are punished more harshly than
men for having committed adultery; this however directly
contravenes article 26 of the International Covenant on
Civil and Political Rights (ICCPR), which provides that
“[a]ll persons are equal before the law and are entitled
without any discrimination to the equal protection of
the law.” In a speech delivered on 21 June, 2006
President Ahmadinejad stated that “the country should be
built upon the basis of justice, kindness, serving the
people, progress and lofty goals.” If Ashraf Kalhori is
executed then justice will not have been served.
Furthermore, as a state party to the ICCPR, Iran
has made an explicit and unreserved commitment under
article 6(2) that if the death sentence is imposed it is
to be “only for the most serious crimes.” The UN Human
Rights Committee (in the case of Toonen v Australia) has
made it clear that treating adultery and fornication as
criminal offences does not comply with international
human rights standards. Therefore the sentence of
execution by stoning imposed on Ashraf Kolhari breaches
Iran’s commitments under the ICCPR.
We request
that you stop her planned execution and take immediate
action to remove death by stoning from the legal system.
Yours respectfully,
Please send your
letters to:
Leader of the Islamic Republic:
His Excellency Ayatollah Sayed 'Ali Khamenei, The
Office of the Supreme Leader Shoahada Street, Qom,
Islamic Republic of Iran Fax: + 98 251 7 774 2228
(mark "FAO the Office of His Excellency, Ayatollah al
Udhma Khamenei") Email: info@leader.ir Salutation:
Your Excellency
Head of the Judiciary: His
Excellency Ayatollah Mahmoud Hashemi
Shahroudi Ministry of Justice, Park-e Shahr, Tehran,
Islamic Republic of Iran http://www.iranjudiciary.org/contactus-feedback-fa.html Fax:
+ 98 21 6 390 4886 Salutation: Your Excellency
President: His Excellency Mahmoud
Ahmadinejad The Presidency, Palestine Avenue,
Azerbaijan Intersection, Tehran, Islamic Republic of
Iran Fax: + 98 21 6 649 5880 Email: dr-ahmadinejad@president.ir
/ via website: www.president.ir/email
Minister of the Interior: Hojjatoleslam Mustafa
Purmohammadi Ministry of the Interior, Dr Fatemi
Avenue, Tehran, Islamic Republic of Iran Email: ravabetomomi@moi.gov.ir
(Email often problematic) Fax: +98 21 8 896 203 or
+98 21 8 899 547 or +98 21 6 650
203
BACKGROUND
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 Tehran's Evin prison for five years, and should
by law serve the 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.
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, Iran has made an explicit and unreserved
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 Australia) has made clear that treating
adultery and fornication as criminal offences does not
comply with international human rights standards.
Therefore the sentence of execution by stoning imposed
on Ashraf Kolhori breaches Iran's commitments under the
ICCPR, as adultery is not 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.
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