Torture is a crime, even in the Iranian Constitution

By Mohammad-Hossein Aghasi

Article 5 of the UN Universal Declaration of Human Rights states: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”

As part of our special series focusing on Iran and the Universal Declaration of Human Rights, Mohammad-Hossein Aghasi, an attorney and a civil rights activist, discusses the importance of respecting Article 5. As a defense attorney, Mr. Aghasi has served as an advocate to a number of prominent intellectuals and dissidents, including Ahmad Shamlou.

I cannot stress enough the significance of the words contained in Article 5. When it asserts that torture as well as cruel, inhuman and degrading treatment and punishments are illegal, it means that no legislature can pass a law that contravenes this Article. In practice though, we see it violated day in and day out.

Torture and other brutal punishments such as cutting off limbs and burning people alive not only used to be the norm in many human societies but they were also codified into law. But as societies progressed in different parts of the world, such practices were gradually abolished.

Unfortunately however, in countries such as Iran and Saudi Arabia, where Sharia and Islamic laws are practiced, torture and other physical forms of punishment are prevalent.

This is despite the fact that Article 38 of the Islamic Republic’s own Constitution states: “All forms of torture for the purpose of extracting a confession or acquiring information are forbidden. Compulsion of individuals to testify, confess, or take an oath is not permissible; and any testimony, confession, or oath obtained under duress is devoid of value and credence. Violation of this article is liable to punishment in accordance with the law.”

Furthermore, 11 Articles (578 to 587) in the Islamic Criminal Code make direct references to the prohibition of torture. In addition, those officials who do resort to physical mistreatment are subject to six months to three years behind bars, as well as to monetary fines.

It is also stated that officials who order the use of torture are just as culpable. For example, if someone dies under torture, the official who issued the order would be subject to Ghesas (punishment in kind).

But the sad truth of the matter is that these laws and even Article 38 of the Constitution aren’t regularly observed in practice. More often than not, they are ignored.

However, it should be said that Judiciary Chief Ayatollah Shahroudi approved a set of rules called “The Rights of Citizens,” which were quickly ratified by the then reformist-dominated Sixth Majlis (Parliament). They were even approved by the watchdog Guardian Council.

However, some in the judicial establishment, such as the Tehran Prosecutor General’s office, supported by the top leadership of the Islamic system, feel the liberty to ignore any laws, statutes, rules and regulations they deem fit. There is unfortunately no recourse.

In general and to conclude, I would like to say that we have many laws that prohibit torture, but the problem is they are not uniformly applied. Moreover, when Sharia (Islamic canon laws) invoked to mete out physical punishment, it is in direct contravention to Article 5 of the Universal Declaration of Human Rights.