Penology in Iran
Penology in Iran, like in many countries, involves the study of punishment, correctional practices, and rehabilitation systems for individuals who commit criminal offenses. In Iran, the penal system is influenced by Islamic law (Sharia) and a combination of civil law codes. The Iranian Penal Code has undergone significant changes over the years, particularly with the enactment of the Islamic Penal Code of 2013. This body of law includes provisions for both Hudud (fixed punishments for certain offenses under Sharia) and Tazir (discretionary punishments for other crimes).
Iran’s penological practices involve a mix of punitive and reformative measures. Below are detailed explanations of several key cases and issues in the Iranian penal system:
1. The Case of Mohsen Hojaji: Execution of a Soldier
One of the most high-profile cases in recent years involved the execution of Mohsen Hojaji, an Iranian soldier who was captured by ISIS militants in Syria in 2017. After a lengthy period in captivity, Hojaji was publicly beheaded by ISIS. His execution became a symbolic moment for the Iranian government, and the country responded with its own state-sanctioned execution.
Case Details:
Hojaji’s execution was framed by the Iranian authorities as an act of retaliation and as a defense of the dignity and honor of Iranian soldiers.
The Iranian authorities condemned ISIS's actions as barbaric and publicly declared that Hojaji's death would not go unpunished. The Iranian government subsequently carried out several public executions of those allegedly connected to ISIS in retaliation.
Penological Significance: The case reflects the Iranian government's approach to penology, which often uses executions as a form of retaliation and deterrence, especially in cases involving terrorism or high-profile killings.
2. The Case of Niloofar Hamedi and Elaheh Mohammadi (Journalists Arrested for Reporting on Mahsa Amini’s Death)
In September 2022, the deaths of two women journalists, Niloofar Hamedi and Elaheh Mohammadi, garnered international attention after they reported on the death of Mahsa Amini, a 22-year-old woman who died in police custody after allegedly violating the country’s strict hijab law. The two journalists were arrested and charged under Iran’s laws, leading to a massive outcry from human rights organizations.
Case Details:
Both journalists were detained for allegedly “spreading propaganda against the government” and “collaborating with foreign media.” They faced charges of "acting against national security" and "disrupting public order."
Penological Significance: The treatment of these journalists is illustrative of Iran’s stance on freedom of speech and expression. The government uses arrest and imprisonment as tools to suppress dissent and maintain control over media narratives. The severity of sentences for journalists has grown in recent years, signaling an increasing reliance on punitive measures for political and social criticism.
3. The Execution of Political Prisoners: The Case of Saman Naseem
Saman Naseem, a Kurdish political prisoner, was convicted of being involved in armed resistance against the Iranian government. He was accused of being a member of the Kurdistan Freedom Party (PAK), a group that is banned by the Iranian government for its separatist and anti-government activities.
Case Details:
Naseem was arrested at the age of 17 and was subsequently sentenced to death for crimes related to national security. Despite being a minor at the time of the alleged offenses, his case did not benefit from the protections typically afforded to juveniles under international law.
The execution of Saman Naseem drew significant international condemnation, particularly from human rights organizations that argue the death penalty should not be imposed on minors or in cases where defendants have not had access to a fair trial.
Penological Significance: This case highlights the Iranian government's strict stance on separatism and political dissent, as well as its use of the death penalty for politically motivated crimes. It also underscores the ongoing issue of juvenile offenders facing capital punishment in Iran.
4. The Case of Rayhaneh Jabbari: A Woman Convicted of Murder
Rayhaneh Jabbari was convicted of murdering a man named Morteza Abdolali Sarbandi in 2007. Jabbari claimed that she killed Sarbandi in self-defense after he attempted to sexually assault her. Despite her claims of self-defense, she was convicted and sentenced to death.
Case Details:
Jabbari’s case became a cause célèbre for women's rights activists, both inside Iran and internationally. The case raised serious questions about Iran’s judicial system, especially the treatment of women who defend themselves against sexual violence.
Despite calls for clemency from various human rights organizations and even from the victim’s family, Jabbari was executed in 2014.
Penological Significance: The case illustrates how the Iranian penal system often does not offer sufficient protection to women, especially those who may be victims of abuse. While Iran’s penal code includes provisions for self-defense, it is often difficult for women to prove their case in a male-dominated legal system. Jabbari's execution brought attention to issues of gender inequality and the use of the death penalty for cases involving women.
5. The Case of the Mass Execution of Prisoners in 1988
One of the most significant and controversial cases in Iran’s penological history is the mass execution of political prisoners in 1988. During the summer of that year, thousands of political prisoners, many of whom were members of opposition groups like the Mujahedin-e-Khalq (MEK), were executed by the Iranian government.
Case Details:
The executions were carried out after the Supreme Leader, Ayatollah Khomeini, issued a fatwa declaring that all prisoners who remained loyal to the MEK should be executed. The executions took place in secret, and many of the bodies were buried in unmarked graves.
This event has been described by human rights organizations as a “mass execution” and has been widely condemned as a gross violation of international law.
Penological Significance: This case reveals the extent to which the Iranian government was willing to go to suppress political dissent during the early years of the Islamic Republic. The use of mass executions as a form of deterrence against perceived political enemies is a significant feature of Iran’s penal policy during this time. The 1988 executions remain a contentious issue, with many families still seeking justice and accountability.
6. The Case of The “Hijab Protesters”
In recent years, Iran has seen a rise in public protests against the country’s strict hijab laws, particularly after the death of Mahsa Amini in 2022. The Iranian government has responded with a crackdown on women and activists protesting the mandatory hijab.
Case Details:
Women have been arrested for participating in protests against the forced hijab laws, and many have been subjected to imprisonment, corporal punishment, or even execution. The Iranian authorities often accuse these protesters of “acting against national security” and “undermining public morality.”
Penological Significance: The Iranian authorities continue to use harsh punitive measures as a tool of social control, particularly when it comes to issues related to gender and public morality. These cases demonstrate the state’s ongoing use of the penal system to enforce ideological conformity.
Conclusion:
Iran’s penal system operates within a framework that combines elements of Islamic Sharia law with civil law principles. The cases discussed above reflect the complex and often controversial nature of the country’s approach to crime and punishment. Key elements include the use of the death penalty, especially for political prisoners and those accused of crimes against national security, as well as the lack of sufficient protections for women and minors in the judicial system. These cases illustrate the tension between punishment, deterrence, and political control, which remains a central theme in Iranian penology.
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