A/HRC/13/39/Add.5
were tied and she was buried in the ground up to the neck. Approximately fifty men stoned
her to death while thousands of people watched. She was unburied three times in order to
confirm whether she was dead.169 The Penal Code of Iran provides the following: A woman
sentenced to stoning is to be buried in the ground up to a line above her breasts (article 102
Penal Code) before being stoned with stones that should not be large enough to kill the
person by one or two strikes, nor so small that they could not be defined as stones (article
104 Penal Code).
218. During my mission to Indonesia, I expressed my sincere concern about penalties
provided for by Sharia law, such as public flogging, incorporated into the 2005 Aceh
Criminal Code. These local regulations criminalize the consumption of alcohol, close
proximity between unwed couples, and gambling, and penalize them by flogging. Such
offences of morality are normally tried in public hearings, at which the audience can shout
at the defendant, rendering the presumption of innocence meaningless. Moreover,
punishments are carried out in public and are often televised. I found that the Aceh
Criminal Code entailed particularly discriminatory sanctions for women: Besides public
flogging, punishments include cutting women’s dresses in public and the forced shaving of
their heads, which constitute inhuman and degrading treatment. Moreover, the fact that
these punishments are carried out in public generates stigmatization and social sanctioning
lasting well beyond the execution of the punishment, as women sentenced to such public
punishments are labelled as immoral by their husbands, families and communities. This
social exclusion can equally amount to inhuman and degrading treatment.
219. In general, as I stated in my report to the Human Rights Council in 2008, women are
disproportionally found guilty of adultery and other related offences and subjected to
corporal punishment including stoning to death, which is inconsistent with the prohibition
of discrimination on the basis of sex enshrined in all major human rights instruments,
including the Convention on Elimination of All Forms of Discrimination against Women
(CEDAW).170
3.
Corporal punishment against detainees as a disciplinary measure
220. As pointed out earlier, torture mainly takes place in police detention, when public
officials try to obtain a confession or information from an arrested person. This means that
detainees are in general less at risk of such ill-treatment once they have been transferred to
pre-trial detention centres or prisons. However, in a number of countries, ill-treatment of
detainees continues beyond police detention. During my missions, I became aware of the
fact that detainees are extremely vulnerable to corporal punishment as a sanction for
breaching prison discipline or for other reasons. This problem is prevalent in many
countries to various degrees. In Equatorial Guinea, I found that with the exception of one
prison, corporal punishment in prisons by prison guards was the rule rather than the
exception.
221. Another serious case of corporal punishment I found in prison was in Jordan. The
Al-Jafr Correction and Rehabilitation Centre was in fact a punishment centre, where
detainees were routinely beaten and subjected to severe corporal punishment. Detainees
who did not “behave” in other prisons, many of them drug users, were brought to this
remote place in the middle of the desert. In order to make them understand the new
“regime” they were thrown down from the vehicle upon arrival and greeted by a “welcome
party”, i.e. severe beatings with different instruments by the guards. The overwhelming
number of detainees I spoke to in Al-Jafr showed scars and bruises on their backs and other
169
170
A/HRC/10/44/Add.4, para. 194.
A/HRC/7/3, para. 40.
59
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