Iranian of the Day

Wrong Date

Note to Ghormeh Sabzi:

Akhavan and JahanBegloo's lectures at University of Toronto were held on Saturday September 17, 2009, not August 17, 2009 (Monday), as the title block states.

Mehrtash

I sent an email. That is a good cause. I just removed the word 'dear' at the beginning. Non of those people out there are my 'dears'!

End to Stoning in Iran - Act Now

A
married couple could no longer cope with the pressures in order to meet
their daily expenses, so much so, that they had to resort to
prostitution just so they could make ends meet. But because they were
married, the IRI judiciary sentenced them to death for committing 'adultery'.
The husband, Rahim Mohammadi, was hanged for sodomy on the 5th October,
2009; his surviving wife, Kobra Babaei has been scheduled to be stoned
to death. Even though, amidst international pressure, Iran had imposed
a moratorium on stoning, it appears to have reached the end of its
tenure, and is now back on the judiciary's list of punishments to be
meted out. How anyone has the heart to carry out such a heinous and
barbaric act of evil is beyond words or meditation.

What is of
material significance is that the reader, you, can do something to try
and battle the death sentence of stoning from being both carried out
and from being prescribed in the first place. Below is a letter that I
e-mailed to the Head of the Judiciary in Iran, as well as the Director
of Human Rights Head-Quarters of Iran - incidentally they are both Mr
Larijani. Please e-mail, write or fax them to prevent Kobra Babaei from
being murdered, and to ensure that the IRI do not ever sanction nor
carry out the lamentable practice of stoning.

To make things
easier, copy and paste the below e-mail and send it if you do not have
the time to draft your own appeal. I also argued against stoning from
an Islamic perspective, as the IRI would rely on Islam to justify their
laws and actions. Details are as follows:

Kobra
Babaei has been sentenced to death by stoning. As we are all aware, the
stoning of an 'adulterer' is prescribed by Article 83 of the Islamic
Penal Code of Iran.

Firstly,
even though the government of the Islamic Republic of Iran did not
ratify the International Covenant on Civil and Political Rights, 1966
(ICCPR), and that it was done so by the government under the Shah's
regime; nevertheless, Iran is still bound by such a legal obligation,
and cannot repeal it. This is by virtue of the rule of law and jus cogens.
Thus, to execute anyone by stoning would constitute a serious breach of
Article 7 ICCPR, the right to be free from torture or cruel, inhuman or
degrading treatment or punishment.

Furthermore,
the Human Rights Commission's General Comment 20(44) on Article 7 ICCPR
(CCPR/C/21/Add.3), when assessing execution methods in the case of Ng v
Canada, concluded that Iran's practice of death by stoning was a clear
and accurate example of death by 'prolonged physical and mental
suffering', which violates Article 7 ICCPR. Therefore, to administer
the execution of any person by stoning is a breach of international
law, and is thus, a crime. On such grounds, stoning should not be
prescribed by law, nor must it be practiced.

Secondly,
the Islamic Republic of Iran claims that Articles 83 -104 of the Penal
Code is in accordance with Islamic Shari'a. May I bring to your
attention that such a punishment was never meant to be executed, and
that it was meant to serve as a deterrent. A deterrent 'deters' people,
and is not an actual practice. Firstly, there is no mention of
adultery, nor stoning whatsoever in the Quran. If one refers to Quran
24:002, they will find that a hundred stripes was prescribed for the
'fornicator/fornicatress'. There is no mention of stoning, nor
adultery. With regards to Hadith, stoning is prescribed. However, there
are stringent conditions that have to be met, by virtue of the same
Hadith, and yet they are impossible to satisfy; unless an official
fabricates/manipulates it. First off, there is confession, which no one
in their sane mind would confess to a crime, knowing they would be
stoned to death for it. And if they are insane, then Islam dictates
that such an insane person should be pardoned and not punished. The
only confession that would come from a sane person is one that has been
forced; under Islamic guidance, a forced confession is void and worth
nothing. In any event, one cannot give much credence to a confession by
one under the charge of adultery.

Then
there is adultery proven via four male eye-witness testimonies. Each
and every one of the four witnesses must be able to account detail for
detail the sexual activity, which must include the act of sexual
penetration. Their testimonies cannot vary from each others', otherwise
they will be guilty of 'qadf' (false accusation) and be subject to 80
lashes of the whip. As a result, no one would volunteer their statement
as a witness, given they might risk being incorrect and be severely
punished for qadf. It is also highly unlikely that the act of sexual
penetration could have been witnessed. As a result, there can be no
credible nor admissible evidence to condemn Kobra babaei to death,
especially death by stoning, if Islam is to be relied upon.

The
international community refuses to accept that there were four
independent and credible witnesses, who not only saw the entire act,
they could also account for it word for word, in corroboration of each
others' testimonies. Furthermore, even if adultery had been committed,
because of such a draconian rule of law, no one would perform adultery
in full view of anyone, let alone four people. So there can be no true
witness, nor any credible confession.

Thus,
stoning cannot be executed, and nor must it be carried out. To do so is
to commit murder, which is not only a breach of national and
international law, it is also an unforgivable sin - Quran 5:32 'to
murder a person is as if to murder all the people'.

I
urge and appeal to you to not only overturn Kobra Babaei's execution,
but to comply with the standards of humanity, which has no place for
stoning; outlaw the practice of stoning once and for all."

Head of the Judiciary
Ayatollah Sadeqh Larijani
Office of the Head of the Judiciary
Pasteur St.
Vali Asr Ave. south of Serah-e Jomhouri
Tehran 1316814737
Islamic Republic of Iran
Email: info@dadiran.ir

And copies to:
Director, Human Rights Headquarters of Iran Mohammad Javad Larijani
Office of the Head of the Judiciary
Pasteur St, Vali Asr Ave., south of Serah-e Jomhuri, Tehran 1316814737, Islamic Republic of Iran
Fax: +98 21 3390 4986 (please keep trying)
Email: bia.judi@yahoo.com (In the subject line: FAO Mohammad Javad Larijani)

Also, campaign the Office of the High Commissioner on Human Rights, United Nations at 1503@ohchr.org.

javad agha esfahani

Unless you believe his confession/repentence under torture was genuine I can't think of any reason why he needed to talk about that if he didn't want to. I'm just speaking in generalities (I don't know the details of this case) but I think most people understand taht people can be made to say and do virtually anything if they are mistreated enough. Maybe he could have used his case as an example to show how bad the IRI is but maybe he just doesn't want to talk about it?

no mention of repenting

      To get out of prison , Ramin JahanBegloo , the distinguished scholar and philosopher who was incarcerated by the regime on charges of espionage . ,  had to publicly repent  and he did so . He actually expressed that he was misguided and worked for the interests of other foreign countries . Obviously , he did this under threats and torture . At the time , his  admission of guilt and recanting  shocked everyone worldwide ( including Hagheere Maa taghseer) . Interesting  the moderator does not mention that .