Execution of a Stoning Sentence
Sara Moghadam - 2007.07.10
While no official judiciary source has confirmed the execution of the stoning judgment of Jaafar Kiani from the Aghchekand village in Takistan, Gazvin, unofficial news sources from the prison and the judiciary state that the sentence has been executed. The attorney for Mokarameh Ebrahimi, the co-defendant in the stoning case, believes that stoning contradicts Iran’s international commitments, and says that the execution of these individuals is implementing a court order without a trial which is the same as murder.
The news has reached the capital of Iran three days after the execution of the judgment in the Takistan, Gazvin province, but no official in the judiciary has as yet confirmed or denied the stoning news regarding Jaafar Kiani. Hassan Ghasemi, the head of the judiciary of Gazvin province has directed this question to the spokesperson of the judiciary branch of government.
Saeed Iqbali, the attorney for Mokarameh Ibrahimi, the co-defendant in Jaafar Kiani’s case, has confirmed hearing the unofficial news of the stoning in an interview with Rooz. Indicating his concern for his client, Iqbali said, “I and another colleague attorney have represented Mokarameh Ibrahimi since last Azar (December 2006). But despite the lapse of 8 months, we have not been able to read the dossier of our client and so our knowledge of the case is very limited.” According to him, his client and the co-defendant both lived in Islam Shahr and then moved to Islamshahr and then to Takistan. They have two children, but we do not know their ages, but know that both of them are currently in prison with their mother.
The judge who issued the sentence for Mokarameh Ibrahaimi and Jaafar Kiani passed his sentence on the basis of “judicial prerogative.” Mokarameh’s attorney said that two days ago he even heard of the execution of his client, in addition to the stoning, while neither of the two reports had been officially confirmed or denied.
Iqbali has said that he believes that both sentences, execution and stoning, are contrary to the laws of the country and its obligations. In addition to be against human dignity, stoning is contrary to Iran’s international treaty obligations. “And if they execute the person instead of stoning him – which has happened in some cases – then the process denied him his right to a fair due process of law, trial and punishment. A feature of fair due process of law is informing an accused of his charges and the possible punishment that may come his way. I think executions have taken place instead of stoning, which amounts to executing a court order without a trial, which is homicide. This is while stoning is a special type of punishment which cannot be replaced with another type of punishment, according to Islamic law,” he said.
While many journalists tried to get some official news on Jaafar Kiani’s case, an informed source confirmed the stoning on condition of anonymity. He also said that the residents of Aghchekand village did not participate in the stoning event which was carried out by law enforcement and security forces in the area. Under the current circumstances, it is feared that the same punishment may be imposed on Jaafar’s wife.
