A/HRC/4/33/Add.1
Page 121
Para
102.
Country
Date
28/07/06
Type
JUA
Mandate
TOR;
VAW;
Allegations transmitted
14 June 2006 and is currently detained at Evin
prison in Tehran. His wife and family are not
allowed to visit him.
Ms A. K., mother of four children between the
ages of nine and nineteen. She had an extra
marital affair after her divorce request was
rejected by the court, on the basis that she had
children with her husband and therefore had to
resume living with him. She was sentenced on
two charges; the first was for participating in the
murder of her husband, for which she received a
sentence of 15 years imprisonment; the second
was for adultery as a married woman, for which
she was sentenced to execution by stoning in
accordance with Article 83 of the Iranian Penal
Code. 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). Ashraf Kolhari
has been held in Tehran's Evin prison for five
years, and should by law serve the remaining ten
years of her prison sentence before she is
executed. However, in July 2006, she received
the order for the implementation of her sentence,
and is due to be executed by stoning before the
end of July. Ashraf Kolhari has written to the Head
of the Judiciary, Ayatollah Shahroudi, asking for
forgiveness.
Government Response
By letter dated 4/09/06, the Government
reported that Ms A. K. has been charged with
“adultery” and “accomplice in her husband’s
murder” and accordingly sentenced to stoning
and 15 years of imprisonment. The case is
under review and the final verdict is still
pending. It is to be noted that the moratorium
of the Judiciary on stoning sentences is still in
place.
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