A/HRC/16/75 5. The Special Rapporteur on torture and other cruel, inhuman and degrading treatment or punishment sent a number of individual communications to the Iranian authorities concerning allegations of torture.2 The Special Rapporteur was joined in some communications by other special procedures, including the Working Group on Arbitrary Detention and the Special Rapporteur on the independence of judges and lawyers. 6. In recent months, there has been a number of reports in the Iranian media regarding the application of amputation and flogging. On 1 December 2010, Iranian authorities amputated the hand of man accused of theft in the central prison of Kermanshah; the sentence was reportedly carried out in the presence of local judiciary officials and prisoners.3 On 22 November 2010, after amputating the hand of a thief, the Public Prosecutor of Mashhad stressed that the judiciary would show no mercy to those who disturb public order and security, particularly thieves.4 On 26 October 2010, in connection with the amputation of the limb of a thief in Yazd, the First Deputy to the Head of Judiciary stated that the execution of such punishment was in compliance with the law, a source of pride and would be repeated in the future.5 On 22 July 2010, following the amputation of the hands of five robbers in Hamedan prison, the Prosecutor of Hamedan stressed that, “when a hand is used to steal and causes harassment to people, it should be cut off”.6 7. An Iranian news agency reported that, on 18 December 2010, a man accused of drinking alcohol was publicly punished with 80 lashes in the city of Ramshir.7 On 5 January 2011, the judiciary in Tehran convicted a woman, a Ms Saeeda, also known as Kimya, to 100 lashes for adultery.8 On 31 January 2011, three people accused of illicit sexual relations were subjected to 99 lashes in public in Qaimshehr.9 Punishments have been reported in the context of retribution or “an eye for an eye”. According to Iranian press reports, on 28 December 2010, a court in Tehran ruled that a man named Hamid had to lose his eye and part of an ear after he blinded and burned the ear of another man in an acid attack.10 During the preparation of the present report, the Iranian authorities confirmed amputation and flogging sentences were carried out in Ramshir and other locations in conformity with the Penal Code. 8. The Penal Code allows amputation and flogging for a range of crimes, including theft, enmity against God (Mohareb) and certain sexual acts. The Iranian authorities argue that punishments of this kind are prescribed by Islamic law and are not considered to be torture or cruel, inhuman or degrading treatment. They argue that the application of sentences of this kind are effective in deterring crime and offer an alternative to incarceration. The Committee against Torture and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment have consistently held that the imposition of corporal punishment by judicial and administrative authorities, including, in particular, flogging and the amputation of limbs, is contrary to the prohibition of torture and other cruel, inhuman or degrading treatment or punishment. The Human Rights Committee, which monitors implementation of the International Covenant on Civil and Political Rights, held a similar view in its general comment No. 20 (1992). 2 3 4 5 6 7 8 9 10 4 The Special Rapporteur reported to the Human Rights Council in February 2010 on past communications (see annex). http://isna.ir/ISNA/NewsView.aspx?ID=News-1665994&Lang=P. www.dadgostarikhr.ir/tabid/38/ctl/edit/mid/372/code/1080/default.aspx and www.jomhourieslami.com/1389/13890907/13890907_06_jomhori_islami_goonagoon_0006.html. www.aftabnews.ir/vdceoz8zojh8zpi.b9bj.html. www.ilna.ir/newstext.aspx?ID=137025. www.isna.ir/isna/newsview.aspx?id=news-1679374&lang=P. www.isna.ir/Isna/newsview.aspx?id=news-1688304&lang=p and www.irna.ir/newsshow.aspx?nid=30170347. www.isna.ir/ISNA/Newsview.aspx?id=news-1706375&lang=P. www.kayhannews.ir/891008/15.htm#other1508.