“Now I am a captive. My body is chained in a dark, damp cell, and my soul imprisoned in the shadow of a deadly thought… I am condemned to die, condemned to die! This doom is my only companion, haunting me relentlessly. My entire being is frozen by the chilling weight of it, my body bent under the crushing, unbearable burden…”
(“The Last Day of a Condemned Man”, Victor Hugo)
Written by Dr. Aziz Fouladvand
Part Three – Execution as a Tool in Corrupt and Inefficient Judicial Systems
Research conducted by the rights group Amnesty International reveals that in inefficient and corrupt judicial systems, death penalty verdicts are frequently issued following unfair and opaque trials, with little to no regard for the principle of judicial impartiality. These flawed systems are characterized by inadequate access to legal counsel and the pervasive use of forced confessions, often extracted through torture during interrogations. In the case of the clerical regime in Iran, where torture is a routine method for obtaining coerced confessions, individuals face a constant risk of state-sanctioned executions. This grave reality underscores the ever-present danger that innocent people may be compelled, under duress, to confess to crimes they did not commit.
The Death Penalty is Discriminatory
Those executed are often among the marginalized, belonging to the lower strata of society, individuals who lack a voice, resources, or any support systems or legal safeguards. In essence, these unfortunate souls become the low-cost victims of the state’s machinery of terror and intimidation. The death penalty is disproportionately wielded against social groups that lack secure and credible socio-economic standing. Members of racial, ethnic, and religious minorities, as well as the economically disadvantaged, frequently occupy this precarious position, leaving them perpetually vulnerable to arbitrary state aggression. The majority of those executed in Iran come from these marginalized groups, unable to defend themselves due to a lack of access to critical tools such as financial resources, legal representation, connections to centers of power, family advocacy, or protection from institutionalized discrimination.[1] Targeting of vulnerable populations has been seen in the history of even more developed countries. Indeed, firing squads, gas chambers, and gallows disproportionately target the disenfranchised and minorities.
In corrupt and dictatorial regimes, this law is applied far more extensively. For example, in the clerical regime ruling over Iran, which holds the world record for the number of executions per capita, it is extremely rare for high-ranking officials to be executed for drug-related crimes. This is while the roots and main sources of massive drug trafficking rings often point to high-ranking regime officials and Islamic Revolutionary Guard Corps (IRGC) commanders. However, the lower classes, who are involved with these drugs on a smaller scale, face mass executions every year.[2]
A judicial system rife with discrimination is not a venue for the pursuit of justice and the expansion of equity; rather, its foremost duty is the preservation of security and the consolidation of power for the corrupt elite. The judiciary perceives its role as one of stripping away the right to life from the innocent, who are often subject to systemic and institutionalized discrimination. The powerful, the wealthy, and those connected to centers of power are exempt from such punitive measures.
[1] The head of the Amnesty International research team on executions in the Middle East, particularly Iran, stated: “Many countries in the Middle East and North Africa justify the use of the death penalty by claiming that their actions are in response to serious security threats. The reality is that many of those executed across the region come from poor and marginalized communities, and in hundreds of cases, death sentences have been issued for non-violent crimes.”
https://www.amnesty.org/es/wp-content/uploads/2021/05/MDE1360542017PERSIAN.pdf
[2] Radio Farda, on May 21, 2024, quoting a statement by Agnes Callamard, Secretary General of Amnesty International, said: “The Iranian authorities, with complete disregard for human life, have intensified executions for drug-related offenses, which has led to the disproportionately discriminatory impact of the death penalty on marginalized and poor individuals in Iranian society.”
