لينك به منبع:
By Staff Writer
According to the 10th annual report regarding the death penalty in
Iran by Iran Human Rights (IHR), in 2017 at least 517 people were
executed in the Islamic Republic of Iran. This is an average of at least
one execution each day and more than one execution per 167,000
inhabitants. In 2017, Iran remained the country with the highest number
of executions per capita.
On May 30th, IHR reported that a woman suspected of murdering her
husband may be sentenced to death based solely on Qassameh. The report
came from the Iranian national broadcasting website Jamejamonline’s
announcement that a woman who was charged with murdering her husband on
March 22, 2015, might be sentenced to death based on Qassameh.
There is no solid evidence that proves her guilt. Instead, Qassameh,
which means "sworn oath", is described as a certain number of people
swearing an oath on the Quran. It is used when the judge decides that
there is not enough evidence of guilt to prove the crime but still
thinks it is likely that the defender is guilty. The people who swear in
Qassameh are not usually direct witnesses to the crime.
Tahereh, the defendant in this case has stated, “When my husband and I
got into a fight he stabbed himself in the chest and killed himself.”
However, the forensic report rejected the possibility of suicide and
specified that the victim was stabbed to death by another person.
At the request of the victim’s mother, Tahereh was sentenced to Qisas
(retaliation in kind) but the Supreme Court rejected the verdict. The
judges then decided that Qassameh should be used in this case.
Now, the next of kin must bring 50 male relatives to the court to
swear an oath that the defendant is guilty. Otherwise, the defendant
must swear an oath and plead not guilty 50 times in order to have her
charges dropped.
On October 30, 2017, Mojtaba Ghiasvand was executed at Rajai Shahr Prison based on Qassameh.
Qassameh appears to be a weak way to prove a crime, yet it continues
to be used in the Islamic jurisprudence (fiqh) and criminal law. But
issuing an execution verdict without evidence, because the plaintiff’s
family claims the defendant is guilty, should not acceptable in a modern
legal system and should be considered a violation of the Universal
Declaration of Human Rights, especially Article 10.
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