Iran must not execute woman spared stoning death by any means

Jul 13th, 2010

 Amnesty International has urged the Iranian authorities not to execute

 

 
 

 

by any method a 43-year-old woman convicted of adultery, following an

official statement that she will not be executed by stoning.

The Iranian Embassy in London announced on Thursday that Sakineh

Mohammadi Ashtiani would not be stoned to death. However, fears remain

that the mother-of-two could be hanged, as she has been convicted of

“adultery while married”.

“We note the Iranian Embassy’s statement on stoning, but a mere change

of the method of execution would not address the injustice faced by

Sakineh Mohammadi Ashtiani,” said Hassiba Hadj Sahraoui, Amnesty

International’s Middle East and North Africa deputy director.

“The statement does not specify which judicial authorities in Iran have

been consulted. Until she and her lawyer have been officially notified

otherwise, she could still face execution, including by stoning,” said

Hassiba Hadj Sahraoui.

Sakineh Mohammadi Ashtiani was convicted in May 2006 of having an

“illicit relationship” with two men and received 99 lashes as her

sentence. Despite this, she was then also convicted of “adultery while

being married”, which she has denied, and sentenced to death by stoning.

 

She has retracted a “confession” made during interrogation, stating that

it was made under duress. However, she was convicted by a majority of

three out of five trial judges on the basis of the “knowledge of the

judge”.

This is a provision in Iranian law that allows judges to make their own

subjective and possibly arbitrary determination of guilt, even in the

absence of clear or conclusive evidence.

Sakineh Mohammadi Ashtiani’s death sentence was confirmed by the Supreme

Court on 27 May 2007. Her case has been sent to the Amnesty and Clemency

Commission twice, but her request for clemency was rejected on both

occasions.

The judicial authorities in Iran must immediately clarify Sakineh

Mohammad Ashtiani’s legal status and conduct a thorough review of her

case, as well as all other cases where stoning sentences have been

passed, Amnesty International said.

“A declaration by the Ministry of Foreign Affairs is simply not enough

to save once and for all the life of Sakineh Mohammadi Ashtiani. We fear

that this announcement might just be a tactic to deflect criticism,”

said Hassiba Hadj Sahraoui.

“To punish – and in some cases execute – people for being in consenting

relationships is no business of the state. Anyone treated as such is a

prisoner of conscience,” said Hassiba Hadj Sahraoui.

Amnesty International is aware of at least 10 other people (seven women

and three men) under sentence of stoning and believes there are likely

to be others. Last year, at least three people sentenced to death by

stoning were in fact executed by hanging.

“Any form of state killing is unacceptable and inhumane, and Iran must

now give assurances that Sakineh – along with the numerous other

prisoners on death row in Iran – will not be killed by any means.”

Thursday’s statement said that stoning as a punishment has now been

removed from a new draft of Iran’s Penal Code, which is currently under

review by Iran’s parliament and is yet to be ratified.

However, it remains to be seen if this decision has been ratified and if

it will be implemented.

Amnesty International has also called on Iran’s lawmakers to confirm the

statement made by the Embassy in London in relation to the banning of

the punishment of stoning in the new version of the Penal Code under

consideration.

Amnesty International opposes the criminalization of consensual sexual

relations.

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