Skip to main content

Sakineh Mohammadi-Ashtiani – a mother of two children - is to be stoned to death by the Islamic Republic of Iran

Sakineh Mohammadi-Ashtiani – a 43-year-old mother of two children - is to be stoned to death by the Islamic Republic of Iran. She has already been convicted of having an ‘illicit relationship’ and been sentenced to 99 lashes. In another trial, she was sentenced to death by stoning.

Sakineh Mohammadi-Ashtiani was interrogated in 2006 for the murder of her husband. In the interrogation session, Sakineh confessed to committing adultery with Nasser and Seyyed Ali, the two men responsible for her late husband’s murder. In May 2006, branch 101 of the Criminal Court of Oskoo in the province of Eastern Azerbaijan (in northwestern Iran) sentenced Sakineh to 99 lashes for committing adultery. After serving her sentence, she was released. Four months later, branch 6 of the Criminal Court of Azerbaijan sentenced her to death by stoning for adultery while married*.

In the past few years, Sakineh has requested a pardon twice. Her requests were turned down by the Amnesty and Pardon Commission of Azerbaijan.

Last week, the news of the possible stoning of Sakineh was published on news sites and, once again, it drew public attention to the punishment of stoning to death.

Currently, the case of this young woman is in the Executions office in Tabriz (the capital of the province of Eastern Azerbaijan), and her stoning sentence can be carried out any moment- the same way the sentence of death by stoning for Mr. Jafar Kiani [in the summer of 2007 in a village in the province of Qazvin] was carried out, to the public’s astonishment and disbelief.

THE VERDICT OF BIGOTED AND RABID JUDGES

Sakineh’s case, like others stoning cases, has some serious errors and objectionable problems. For example, two of the five judges, Kazemi and Hamdollahi, presiding over the case in branch 6 of the provincial Criminal Court, believed in her acquittal.

In an interview with Rooz, Mohammad Mostafaei, Sakineh’s laywer, stated, “When two, or even one of the magistrates presiding over a case in the Criminal Court, believe in an acquittal and find errors in the presented evidence, then the defendant should not be sentenced to death. When the life of a human being is in question, there must be more hesitation and contemplation. One’s life should not be taken away so easily or be subjected to [excruciating] death.”

Mr. Mostafaei, who was referring to the fact that the request for a pardon and amnesty for Sakineh was turned down twice, stated, “I believe some of the judges in the province have specific dogmas, and these dogmas play a key role in the fate of legal cases. There is the fury caused by the dogma of murder [editor's note: which causes the judges to take on a linear approach with murder cases]. There is also the act of adultery committed by Sakineh and the fact that the murderers were deemed incapable of correct judgment. Consequently Sakineh was sentenced to and endured 99 lashes for adultery. Why, just a few months after the case was closed, was she sentenced and convicted again on the charge of adultery? Wasn’t the first court presiding over the case aware of the act of adultery?”

THE SEARCH FOR FOUR WITNESSES

Sakineh Mohammadi Ashtiani is spending her days awaiting her stoning sentence. She has no access to a complainant or plaintiff outside the prison and her two children have acquitted her. She, like many other women sentenced to stoning, confessed to adultery during her interrogation, but in the court and before the judge, she recanted her confession and declared that she was forced to confess during interrogation.

Asieh Amini, a journalist who has been active in research and writing on death by stoning, said to Rooz Online, “The most important question in all the stoning cases, including that of Sakineh, is what evidence and reasoning was used to prove adultery in the court? Based on the Islamic Penal Code, four fair witnesses are required to have seen the act firsthand, in full, and from close up. An alternative acceptable piece of evidence is the voluntary confession of a defendant stated four times. How are these four witnesses found? Isn’t the very law that has its root in religious sources a testament to the fact that religion should close the legal case? Nevertheless, if we observe carefully, the stoning sentences handed down all use a permissive religious jurisprudence. A religious defense is not considered in the courts. ”

Asieh Amini points out that it is practically impossible to find four fair witnesses as described in religious jurisprudence. She adds, “The objection is still valid against the courts that only use the knowledge of the judge [as a basis for conviction],** while many of the jurists and legal experts believe that the knowledge of the judge is not a valid method of proving that adultery was committed. Moreover, the confessions of all the defendants who I investigated were obtained under duress in prison, and the legal admissibility of the confessions is greatly compromised.”

INEFFECTIVE CONDUCT OF THE 8TH PARLIAMENT (THE CURRENT PARLIAMENT THAT BEGAN ITS MANDATE IN 2007)

Sakineh Mohammadi is at the top of the list of those sentenced to death by stoning. However, there are other women and men in various cities of Iran who pass their days hoping that their sentences and the penal law will change. During the international protests against stoning in Iran, the only action taken by members of the 8th Parliament was omitting the section pertaining to stoning punishments from the draft of the Islamic Penal Code. Now, the question is, will the omission of this section put an end to stoning in Iran?

Asieh Amini’s replies, “It will have no effect whatsoever, because according to article 43 of the Constitution, when the judge has no legal source for jurisprudence, (s)he can use religious jurisprudence sources for sentencing. Removal of this section [pertaining to stoning in the Islamic Penal Law] will not have any particular impact. The parliamentarian, by taking this step, has only evaded responsibility and obligation and passed the buck before international observers, without really contributing to the improvement of conditions surrounding punishments such as stoning. The best reason to support [my claim] is the discussion of the MP’s after eliminating stoning from the Act. They said: Divine limits and punishments*** are not eliminable. That includes stoning – however, this punishment is rarely handed out, but its international burden is very high, so we prefer to omit it.”

Amini describes the conduct of the MP’s as an attempt to wipe out any questions, instead of answering. She said, “No positive step has been taken. Sakineh and other women are spending their days in fear that their sentences may get confirmed and executed. Omission of this law from the Islamic Penal Code, even after approval by the MP’s, is not practical and enforceable. In other words, the omission is worth nothing and the government is able to say: we do not have such a law. Stoning exists because there are private plaintiffs.”

Translator’s Notes:

* In Islamic Sharia law practiced and enforced in Iran, there are two types of adultery. The first one applies to unmarried women (and men) and the sentence is 99 lashes (for someone convicted two times on this charge, the third conviction results in death by stoning). The second type applies to married individuals (and mostly women). It carries a sentence called Rajam (i.e. death by stoning).

**In the Islamic Penal Code, knowledge of the judge has been cited as an alternative in a case where there is lack of evidence and/or four fair witnesses.

*** In Sharia law, there are two types of punishments. One is called Hodud-e Elahi (i.e. Divine limits) and its extent and degree (limits) are set by the divinity (or God). It includes the following punishments and crimes: severing the hand, theft; flogging, drinking alcohol; and stoning, adultery committed by a married person. Most religious scholars and jursiprudents consider these laws absolute and unchangeable.


Source: Persian2English, June 28, 2010

Click here to sign the "Help To Save Sakineh Mohammadi Ashtiani" petition: "Sakineh Mohammadi Ashtiani is incarcerated since 2005 in Tabriz prison in Iran. She is accused of having committed adultery with a married man and henceforth is sentenced to being stoned to death while her crime has not been proved. We condemn this judicial sentence and ask for international help for Sakineh Mohammadi Ashtiani. We hope that someday in near future stoning people to death be eradicated from all judicial laws." More petitions here.

Comments

Most viewed (Last 7 days)

Saudi Arabia executes two Bangladeshis over 'immoral act' inside mosque

Saudi Arabia has carried out the death penalty on two Bangladeshi nationals in Mecca. The country's Interior Ministry announced this in a statement on Wednesday. According to the report, they were sentenced over allegations of involvement in immoral acts inside a mosque in Mecca. The information was reported by Ajel News, citing the Saudi Interior Ministry's statement. The two Bangladeshis executed were a man and a woman, Nazrul Islam Abdul Basir and Sithi Akhter. The “immoral acts” referred to illicit heterosexual intercourse, not homosexual activity.

Florida | William Reaves set to be executed on Oct. 20 at 6 p.m.

With his execution date looming, convicted killer William Reaves will soon be moved from Raiford's Union Correctional Institution to a death watch cell in nearby Florida State Prison, a maximum-security complex also known as "The Rock." Reaves, 77, a former Gifford resident in Indian River County who’s been on death row for 38 years, is scheduled to die by lethal injection on Oct. 20 at 6 p.m. His execution will fulfill a sentence of death imposed for the 1986 fatal shooting of Indian River County Sheriff’s Cpl. Richard “Raz” Raczkoski outside a Zippy Mart store on State Road 60 west of Vero Beach.

Saudi Arabia executes woman, 'terrorists', 'indecent' couple, and juvenile offenders

Saudi Arabia carried out a series of executions in mid-October, including that of a woman convicted of killing her mother and attempting to kill her sister, alongside five men in the Eastern Province. Official statements described the five as terrorists; human rights groups described them as political prisoners sentenced under discretionary (ta’zir) penalties, one of whom was a child at the time of the alleged acts. The cases illustrate the kingdom’s continued use of the death penalty under Sharia, its stated commitment to public order and justice, and criticism from human rights organizations over the scope of capital punishment.

Florida | Former firefighter, police officer sentenced to death in Fort Pierce killing

Otto Lenke, a Sebastian resident and former Indian River County firefighter/paramedic, as well as a former Melbourne police officer, was convicted in May 2026 of first-degree murder with a firearm and first-degree arson for the February 2021 killing of Richard Benson, owner of Fast Frank’s Cycle Concepts in Fort Pierce. SEBASTIAN—A Nineteen Judicial Circuit judge on Tuesday sentenced former Indian River County firefighter and Melbourne police officer Otto Lenke of Sebastian to death for the 2021 killing of a Fort Pierce motorcycle shop owner.

Indiana Parole Board hears testimony on clemency for man scheduled for Nov. 5 execution

Jeffrey Weisheit set his house on fire in 2010, killing his girlfriend’s two young children he was watching.  The Indiana Parole Board will now make a recommendation in the coming days to Governor Mike Braun on whether to grant clemency to condemned killer Jeffrey Weisheit.  Jeffrey is scheduled to be executed by lethal injection on Nov. 5 for the 2010 murder of his girlfriend's 2 children in Vanderburgh County. 

Florida executes William Reaves

Florida puts 77-year-old man to death for a deputy's killing in its 18th execution this year  Florida carried out its 18th execution of the year on Tuesday under Republican Gov. Ron DeSantis ’ aggressive use of the death penalty in his final term.  William Reaves, 77, was pronounced dead at 6:12 p.m. following a 3-drug injection at Florida State Prison near Starke. He was convicted of first-degree murder in the 1986 shooting death of Indian River County Deputy Richard Raczkowski. 

Saudi Arabia | Execution caught on video

Public execution in Saudi Arabia (file photo) A Saudi newspaper has carried a film showing the beheading of a man convicted of raping a teenaged boy before murdering him in the heart of the desert. The rare and shocking 51-second film showed the executioner bringing down his sword on the defendant’s head, which was severed in just a split of second. The executioner, a tall man wearing traditional Saudi dishdasha (gown) and ghutra (head cover), then wiped blood off his sword with a piece of cloth after the beheading before walking away from the rapist’s headless body. Sharq newspaper, which published the film, did not say how it was shot as filming of executions in the conservative Gulf kingdom is banned. Newspapers said the unnamed defendant had been convicted of abducting the Saudi boy to a desolate desert area and raping him. He then forced him to lie on the sand and crushed him with his four-wheel car. Warning: Graphic Content ✔ RELATED VIDEO...

Saudi Arabia executes five on terrorism charges

DUBAI — Saudi Arabia executed five people Saturday on terrorism charges, the ministry of interior said, bringing the total number of death sentences carried out this year to 188, according to an AFP tally based on official statements. The five Saudi nationals were convicted of “joining a foreign terrorist organization," opening fire on security forces and “providing support” for “terrorist operations inside the kingdom." Their executions were carried out in the Eastern Province, home to most of Saudi Arabia’s Shia Muslim minority, which has long complained of marginalization in the Sunni-majority country.

Christa Pike's Survival Wasn't a Miracle. That's What Should Scare Us.

What happened in Tennessee's execution chamber is one of the most common failures in medicine Christa Pike is awake. A week after Tennessee strapped her to a gurney and gave her two doses of pentobarbital , she is off the ventilator and speaking from a hospital bed, still shackled to it. Her lawyers call her recovery " medically unprecedented. " Legal scholars say she is the first person in American history to survive a lethal injection after the drug was actually given. I understand the impulse to make such claims. I consulted for Pike's legal team, but I have also spent three decades in operating rooms and intensive care units (ICUs), and I want to resist the word "unprecedented" and the word "miracle" that hovers just behind it.

Christa Pike: 4 Major Questions As She Returns to Death Row

As Christa Pike returns to death row after surviving Tennessee’s attempt to execute her, several questions remain about her case and what comes next.  Pike, 50, was discharged from hospital and moved back to the Debra K. Johnson Rehabilitation Center, the women’s prison where she was housed for 30 years, her attorneys said on Saturday.  She was hospitalized after surviving 2 doses of the lethal drug pentobarbital as Tennessee attempted to execute her on September 30. Pike was sentenced to death for the 1995 murder of 19-year-old Colleen Slemmer, her classmate at a Job Corps training program in Knoxville, Tennessee. Pike was 18 at the time.