Iran Human Rights (IHR); September 22, 2020: A prisoner sentenced to qisas (retribution-in-kind) for murder, was executed at Arak Central Prison.
On Thursday, September 17, Shargh newspaper published a report by Emadeddin Baghi which referred to the execution of a prisoner in Arak Central Prison.
On his Telegram channel, Mr Baghi identified the executed prisoner as Javad Kakha, who was executed on September 16.
Part of the article reads: "The point of the story, as is clear from the court ruling, is that he and his wife and sister-in-law went to the market in Delijan, someone disturbs his honour (one of the women) and persists on exchanging numbers. Javad warns him that they are my honours and to leave them alone; but the deceased continued to persist until they reached their car. Javad made sure his wife, sister and brother-in-law were in the car and returned to reprimand the intruder. The deceased pulled out a knife, Javad (the defendant in the case) twisted the knife in his hand for a moment and they both fell to the ground together and the knife sunk into the victim’s body. Javad, who did not think there was a serious injury, left after dispersing the people around them; but the man was transferred to the hospital (in Delijan) and died six hours later. A hospital in Delijan, which is actually a small town, makes a medical error, and we know of other examples in all major cities and equipped hospitals where that has happened.”
The report continues: "While the previous branch of the Court (Branch 32) explicitly stated that due process was not followed in this case and also stated that sufficient investigations had not been performed, the second Court did not even consider the opinion of the previous branch. The “dar” principle* was not applied either. In some criminal cases, there are serious doubts that are not taken into account, and if attention was paid to them, we would have many examples with document evidence. If criticism of court rulings were possible and we were able to write and talk about them in the press, we may have been able to prevent them. You cannot even imagine the tragedy that befalls a family.”
According to Iran Human Rights’ annual report on the Death Penalty in Iran, at least 225 of the 280 of those executed in 2019 were charged with murder.
As there are no legal distinctions made between murder and manslaughter, whether voluntary or involuntary in Iran, those charged under the umbrella term of “premeditated murder” will receive the death penalty regardless of intent and the circumstances.
* In Sharia law, the sentence should not be carried out when there is a degree of doubt as to defendant’s guilt in offences mandated by God, ie. had/hodood, which includes murder.
Source: iranhr.net, Staff, September 22, 2020
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