Saturday, May 2, 2015

Human Rights and Capital Punishment

"Would it going to be painful?" 
Although no one did answer, but the answer is that its pain is lower than an arm fracture because capital punishment by hanging (with tight hangman's noose) causes immediate anesthesia in victim right after execution. 
The war is somehow an extensive criminal punishment that not only the guilty but also the innocent and their properties are gone in it. Such form of penalty is in contrary to the fundamental principles of a criminal punishment. According to the seventh chapter of the UN Charter, war is authorized. Libya and Yemen for example and let alone the Iraq War because of misuse of the Security Council resolution 1441. Nevertheless, human rights organizations have never proposed any correction of this chapter of UN charter, although human rights organizations are continually trying to condemn the death penalty. And people condemn this organized negligence. 
Most people are reluctant to see death penalty but in spite of this they are satisfied with the capital punishment of terrorists. The existence of a paradox is obvious. The Iranian movie "I am a Mother" has responded to the issue. The movie attending an unreal case that the capital punishment is not harmonized with the personality of the criminal (including all characteristics that create “mens rea” of the criminal). It should be considered that determining the punishment based on the criminal character is an exception to the rule but it is accepted in the penal system of most states including Islamic Republic of Iran. 
The cause of this problem is that the "mens rea" has been only identified for two statuses of absence and existence. The third status or middle status has not been recognized. According to the possible third, the guilty should be punished but the punishment would be changed to a milder penalty.

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