Iran: Between A Rock And Exile
It is tempting to take this maxim, apply it to Iran, and suggest that Iranian civilization is stuck in dry dock. This would be unfair to a rich, varied and vibrant culture, but when it comes to justice, a mark of a civilization, the judicial system of Iran is anchored in a deep 6th century harbour.
Those seeking to unchain it are under enormous pressure, and, as they have for 3 decades, some break under this pressure and flee the country thus depriving it of some of the finest minds the civilization produces.
The case of the Iranian women Sakineh Mohammadi Ashtiani ,who was convicted of adultery and sentenced to be stoned to death, has received world wide coverage, less known is that another two people received this sentence for alleged adultery just last week thus showing how little Iran cares about international opinion.
Amnesty International says it has received ‘credible reports’ thaT Iran’s Supreme Court has upheld a previous ruling by a lower court. It is also investigating reports of another couple receiving the same sentence in north eastern Iran.
Such is the climate of fear surrounding these cases that last month the lawyer who defended Mrs Ashtiani fled the country and sought exile in Norway. Mohammed Mostafaei claims the authorities, who had already threatened him, were about to have him arrested. This week his wife and and 7 year old daughter were given permission to travel to Norway on tourist visas.
The family says they hope to return to Iran, but Mr Mostafaei’s wife, Fereshteh, who was held in solitary confinement in Tehran’s Evin prison for two weeks, has now spoken of other innocent people held in Iranian prisons thus endangering her liberty should she return. Comments from the Norwegian authorities suggest that if the family applies for asylum the case would be looked at sympathetically. Mr Mostafaei specialized in defending juveniles sentenced to be hanged. That is an expertise with limited relevance to Norway, he must now try and rebuild a life and career.
Mrs Ashtiani languishes in Iran and under the shadow of her death sentence. It is unclear whether the outcry over her fate means the Iranian government now intends to hang or stone her. At this point, it is worth revisiting the rules surrounding stoning according to the Iranian Penal cole.
Article 102 states that men will be buried up to their waists and women up to their necks for the purpose of execution by stoning. This is to protect the woman’s modesty. Due to the logic of religious jurisprudence as practiced in Iran this is because the stones will not hit her breasts. While her modesty is preserved, her life is not. If the victim can struggle free they are free to go. Naturally the man has a greater chance of escaping than does a women.
Article 104 appears designed to ensure a slow death . The stones used should "not be large enough to kill the person by one or two strikes; nor should they be so small that they could not be defined as stones"
Is this a civilization on a voyage? The Iranian government believes stoning is civilized in order to preserve morality for the greater good. Or is this, in Toynbee’s words ’A condition’? If it is, it is sick.
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