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.

Request for clemency rejected
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, Amnesty International’s Middle East and North Africa deputy director.

“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.

Hanging instead of stoning
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.

It is clearly stated in Article 5 of the U.N. Universal Declaration of Human Rights that, “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”

Adopted in 1948 by the U.N. General Assembly, in addition to outlawing torture categorically, this international treaty was to be used as a common standard for international law and outlined – for the first time ever – fundamental human rights to be protected anywhere around the world.

Included under the category of “cruel, inhuman or degrading treatment” would most certainly be the impending death by stoning of Sakineh Mohammadi Ashtiani.

AI against criminalization of sexual relations
“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.”

Statement made on July 8 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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Article 102 of the Iranian penal code states that “men will be buried up to their waists and women up to their breasts” for the purpose of execution by stoning.

Article 104 states, with reference to the penalty for adultery, that the stones used should “not be large enough to kill the person by one or two strikes; nor should they be so small that they could not be defined as stones.

Amnesty International recorded 126 executions in Iran from January to June this year. Dozens are in danger of suffering the same fate in the near future. Moreover, thousands are jailed after unrest following the disputed elections in June last year. Many of these political prisoners run the risk of death sentences.

HRH Bergen, based on Amnesty International Norway and Amnesty International articles (see here (Norawegian) and here) and CNN information by Arsalan Iftikhar.