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Index: MDE 13/083/2006 
UA 203/06 Imminent execution 27 July 2006
IRAN Ashraf Kolhari (f)
aged 37
Ashraf Kolhari, a mother of
four children between the ages of nine and 
nineteen, is at imminent risk of execution by stoning for adultery. She has 
been held in 
remaining ten years of her prison sentence before she is executed. However, on 
or around July 2006, she received the order for the implementation of her 
sentence, and is reportedly due to be executed by stoning by the end of July. 
Ashraf Kolhari had an extra
marital affair after her divorce request was 
rejected by the court, reportedly on the basis that she had children, and 
therefore had to resume living with her husband. 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. Article 83 of the Iranian Penal Code stipulates that the penance for 
adultery by a married woman with an adult man is execution by stoning.
In death penalty cases such as murder, in which the sentence is ‘qesas’ 
(retribution), the victim’s family has the right to pardon the condemned. 
However, in death penalty cases where the charge is adultery, according to 
Article 72 of the Penal Code, if a person confesses to adultery and 
subsequently repents, the Judge can ask for his or her pardon by the Supreme 
Leader. Article 4 of the Implementation of Execution Law
states that after 
repentance, the case must be referred to the Parole Commission. Ashraf Kolhari 
has reportedly written to the Head of the Judiciary, Ayatollah Shahroudi, 
asking for forgiveness.
BACKGROUND INFORMATION
Amnesty International opposes the death penalty in all cases as the ultimate 
cruel, inhuman or degrading punishment and a violation of the right to life. 
Amnesty International further believes that execution by stoning aggravates the
brutality of the death penalty and is a method specifically designed to 
increase the victim's suffering since the stones are deliberately chosen to be 
large enough to cause pain, but not so large as to kill the victim immediately.
The Iranian Penal Code is very specific about the manner of execution and types
of stones which should be used. Article 102 states that men will be buried up 
to their waists and women up to their breasts for the purpose of execution by 
stoning. Article 104 states, with reference to the penalty for adultery, that 
the stones used should "not be large enough to kill the person by one or
two 
strikes; nor should they should they be so small that they could not be defined
as stones". Death by stoning violates Articles 6 (right to life) and 7 
(prohibition of torture and cruel, inhuman or degrading treatment or 
punishment) of the International Covenant on Civil and Political Rights 
(ICCPR). 
As a state party to the ICCPR, 
commitment under article 6(2) that if it imposes the death sentence this will 
be "only for the most serious crimes". The UN Human Rights Committee
(in the 
case of Toonen v 
fornication as criminal offences does not comply with international human 
rights standards. Therefore the sentence of execution by stoning imposed on 
Ashraf Kolhori breaches 
a recognizably criminal charge. Amnesty International opposes the 
criminalization of private, adult consensual sexual relations.
According to reports at the time, in December 2002 Ayatollah Shahroudi, the 
Head of the Judiciary, sent a ruling to judges ordering a moratorium on 
execution by stoning, pending a decision on a permanent change in the law to be
taken by the Supreme Leader of the Islamic Republic of Iran. However, on 18 
September 2003, the Official Gazette published a law entitled ‘Implementation 
regulations for sentences of retribution, stoning, killings, crucifixion, 
execution and lashing’. 
Since December 2002, Amnesty International has recorded cases in which a 
sentence of execution by stoning was passed, but not any in which the sentence 
was implemented. However, in May 2006 it was reported that Abbas
Hajizadeh (m) 
and Mahboubeh Mohammadi (f)
were executed by stoning in a cemetery in Mahshhad, 
part of which was cordoned off from the public. More than 100 members of the 
Revolutionary Guards and Bassij Forces, who had
previously been invited to 
attend, participated in the stoning. They were reportedly convicted of 
murdering Mahboubeh Mohammadi’s
husband, and of adultery. It was for the charge 
of adultery that they were reportedly sentenced to death by stoning. Mahboubeh 
Mohammadi also reportedly received a 15-year prison
sentence, which should have 
been served before she was executed. Amnesty International wrote to the Head of
the Judiciary seeking clarification of these reports, but to date has not 
received a reply. According to Shadi Sadr (f), a lawyer and women’s rights 
defender (WHRD), who is defending Ashraf Kolhari, and has begun a campaign 
against stoning, there are several other women under sentence of execution by 
stoning.
 http://web.amnesty.org/library/Index/ENGMDE130832006?open&of=ENG-IRN