The Islamic
Penal Code of Iran describes the legal punishments for adultery adultery as
a capital offense. The specific details pertaining to the ritual of stoning to
death is also provided by the law as are the details of execution of other
adultery punishments. The following is a translation of the related Directive
which has been drafted by the Minister of Justice and approved by the Head of
Judiciary, Seyed Mahmoud Shahroudi on November 25, 2003 in accordance with
article 293 of the Penal Hearing Code.
Translated by: Dr. Soheila
Vahdati
Compared with the original text by: Nazanin Kiani Fard,
Attorney at Law
The Directive on Implementation Regulations for Sentences
of Retribution-in-Kind, Stoning*, Murder, Crucifixion, Death Penalty, and
Flogging
Chapter Three
Implementation of Flogging Punishment
Article 27 – Flogging is implemented using a
thread leather strap of the approximate length of one meter and the approximate
width of 1/5 centimeter.
Article 28 – The hands and feet of the
condemned shall be bound to the place of the sentence execution as far as
possible in order to prevent needless movements of the condemned that may cause
infliction of lashes to the prohibited areas.
Note – The prohibited areas refer to head,
face and genitals.
Article 29 – When flogging punishment is
performed in a closed area, the temperature must be mild and if performed in an
open area, the temperature shall not be too cold or too hot. The flogging should
be performed during the warmer hours of the day in cold regions and in cooler
hours of the day in warm regions.
Article 30 – Implementation of flogging
punishment in terms of vigorousness and weakness of lashes is as the
following:
Flogging punishment for adultery (zena***) and sexual contact
without penetration (tafkheez***) is more vigorous than that for alcohol
consumption (shorbe khamr)*** and punishment for alcohol consumption is more
vigorous than that of false accusation (qazf***) and pimping
(qavvadi***).
Article 31 – Execution of flogging
punishment shall be with respect to Article 300 of the Directive of General and
Revolutionary Court Hearing Procedures in Penal Matters according to the
regulations set by the Islamic Penal Code [of Iran].
Article 32 – Flogging of condemned females
shall be performed as they are seated and have their clothes bound to their
bodies.
Article 33 – Flogging of condemned males
shall be carried out as they are standing, and in the cases of adultery, sexual
contact without penetration (tafkheez***) and alcohol consumption, have no
clothing but to cover the genitals, and in the cases of pimping (Qavvadi***) and
false testimony(qazf***), flogging is performed over regular clothing.
Article 34 – Flogging by Tazeer*** [rather
than Hadd] shall be performed according to article 288 of the Directive of
General and Revolutionary Court Hearing Procedures in Penal Matters as
follows:
a. Flogging
is implemented as the condemned is lied flat on stomach and wears regular
clothing and lashes are inflicted on the back of the body except for the head,
face and genitals.
b. The
flogging is implemented consistently and with medium severity.
Article 35 – This Directive has been
approved by the Head of Judiciary in 35 articles and 7 notes in implementation
of article 293 of the Directive of General and Revolutionary Court Hearing
Procedures in Penal Matters ratified by the Legal and Judiciary Affairs
Commission of the Islamic Parliament on September 19, 1997.
Head of Judiciary – Seyed Mamoud
Shahroudi