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September 29, 2025

“Punishments as Torture in the Iranian Islamic Penal Code / Naghi Mahmoudi”

“منظور از عشق، یافتن خود در دیگری است”

The meaning of love is finding oneself in another.Naghi-Mahmoudi
Naghi Mahmoudi

An overview of the historical background of punishment throughout different eras.

Kiefer, with a long history in the past, is considered by some jurists to be as old as human life itself. Of course, punishments and their characteristics and objectives, which have attracted the attention of jurists and criminologists today, have not always been the focus of attention in the past, and therefore, a relative transformation in the process of punishment and the existence of corrective and educational measures alongside it, which is a sign of human thinking in understanding the philosophy of punishments and the resulting consequences, has led to the acceptance of measures often alongside punishments and under the title of corrective measures.

Even in the early stages of life, humans were faced with actions that demanded various reactions for different reasons, such as anti-religious, anti-government, anti-authority, and also actions against family regulations. However, the punishments were very different in terms of type and severity compared to modern punishments. For example, in ancient Egypt, there were prohibitions that would result in punishment if not followed, such as being banned from society in Australia. Sometimes, the punishments went beyond these limits and resulted in severe physical or financial punishments for committing a crime. But gradually, as crimes became more defined in society, the punishments also took on a more fixed form, and criminal systems tended towards an approach of proportionality between crimes and punishments. This approach, which emerged after the creation of governments, replaced fixed and sometimes arbitrary punishments with specific punishments. The severity and intensity of punishments were also reduced, and after the success of the French Revolution and the influence of human sciences, especially Jean-Jacques Rousseau,

It can be said that in the past, the basis of punishment was mostly for the defense of instincts such as the instinct for life or the preservation of property, or for the defense of tribal and national traditions and religious and monarchic laws, the effects of which can still be seen to some extent in various parts of the world today. Especially since humans have always been involved with a sense of justice and have considered punishment as a means of compensating for injustice.

Characteristics and objectives of punishments

Punishments have certain characteristics that can both harm the criminal and create fear in them, leading to their expulsion from society for a certain period of time, while also providing the opportunity for their reform and return to society. These characteristics vary depending on different perspectives and approaches in different societies, but there is an inherent harmony in these characteristics that is also logical. This means that humans, in any situation and at any time and place, have instinctual and natural needs, one of the most fundamental of which is the need for personal and social security in order to achieve their desires. No one can tolerate having their security threatened, not even criminals themselves, who find this feeling unbearable when they experience it. This strong desire and inclination for security cannot be ignored in any society; for this reason, society instills fear and intimidation, while also sometimes using gentleness in order to prevent crime and reform criminals. Of course, in the course of this evolution from intimidation to reform, human societies have strived for

Finger amputation, hand and foot amputation, whipping and stoning are prominent examples of torture. Although inflicting harm and humiliation on criminals is a fundamental aspect of punishments, this harm should not take the form of torture. The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted on December 10, 1984, with a preamble on the definition of torture and emphasizing Article 5 of the Universal Declaration of Human Rights and Article 7 of the International Covenant on Civil and Political Rights, calls on signatory states to refrain from torture and other cruel, inhuman or degrading treatment or punishment towards individuals. Unfortunately, the Islamic Republic of Iran and some other Islamic countries, such as Saudi Arabia, continue to practice cruel and inhuman punishments such as amputation of limbs and execution in various forms, including beheading with a sword, despite signing this convention and being bound by its provisions. These punishments, all derived from

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