The news of sexual abuse in Iranian prisons has created a Tsunami. This news has reached both the domestic and international audience because of the Internet.

Regarding the legal aspects of this issue, two points come to mind.

The first is that the task of exposing these rapes and abuses is being borne by a well-known cleric. One should bear in mind that to discuss rape is extremely difficult even by the victim himself, if not impossible. Which is why many victims of rape do not engage in revealing their abuses. Furthermore, the dangers that such expose entail in Iran have resulted in their exposure outside the country. To grasp the magnitude of the difficulties, one only has to look at the threats that are made against Mr. Karoubi.

Laws in the Islamic Republic of Iran provide that any person can go to the judiciary to initiate any proceedings and that opinions cannot be expressed about such issues before a final judicial order or sentence, whose violation carries a punishment.

This provision is there so that the judge can do his job without the political pressures and considerations and issue his judgment in due time.

On the issue of the prisoners’ rape however, less than twenty four hours after Karoubi’s letter revealing prison torture and rape was published, the head of the Majlis, who is supposed to be the person upholding the laws of the land, immediately rejected Karoubi’s statements thus making a judgment after which the head of a Majlis committee and the Friday prayer leaders and other allies of Iran’s current administration threaten Karoubi with punishment if he fails to prove his assertions. They purposely ignore the question of what would happen if his claims are actually proven right.

Second, the Constitution provides that disputes should be settled by the judiciary and according to laws of the country, anybody can take his grievances to the judiciary and request an examination. Obstructing someone from making a legal complaint by anyone is a crime with punitive consequences. Under which types of crimes does “rape” fall under?

If a judge or an independent judicial body concludes in the course of its examination that such a crime has taken place, what punishment awaits the perpetrators of the crime?

According to article 82 of the Islamic penal code, the punishment for rape is execution. In other words, perpetrators of such a crime must be killed according to Iranian law.

In general, we are against the death penalty. But will those who are for it support the implementation of the Shariah law as enthusiastically as they have done in the past? Or will they announce they opposition to the execution of these laws for their fellow thinkers and friends, even though they are the perpetrators of the crime?

And finally, after all the political posturing and commenting that political leaders and officials of this country have made over this criminal case, can one expect the judiciary to examine this issue independently and without bias?