On Confessions

A credible confession has certain characteristics. A self-incriminating confession in front of television cameras set up in a prison cell is neither credible nor legitimate. The confessions of Haleh Esfandiari and Kian Tajbakhsh are at odds not only with internationally recognized principles of human rights, but also with principles laid out in the Islamic Sharia [body of Islamic law].

Article 1262 of Iran’s civil law, which was drafted about eighty years ago in accordance with Islamic principles, lays out the criteria for a “credible confession.” The law specifies that a confession is not credible whenever the agent’s will is not free, or the confession is extracted under duress and pressure.

Despite its other shortcomings, the Islamic penal code is adamant that a confessing agent must be mature, sane, able and free. Given the definition of terms like maturity, sanity, ability and freedom, how can the remarks of Haleh Esfandiari and Kian Tajbakhsh be considered credible?

Do people who live under prison’s harsh conditions, have no contact with the outside world and no access to an attorney during interrogation, and are “forced” to sit in front of television cameras, have free will? According to principles laid out by Islamic law, on which Iran’s law are purported to be based, confessions extracted under duress are not credible. Which sane mind can take seriously the confession of Haleh Esfandiari, a 67-year old woman who has spent months in prison, been interrogated several hours a week, and kept in harsh solitary conditions?

It is not difficult to prove the involvement of the United States and other powers in the internal affairs of weaker countries. The Iranian government does not need to subject individuals to such harsh conditions to extract confessions. So what is the benefit in extracting these illegitimate confessions? Does it help relations with the United States? Does it help supervisory institutions in disqualifying opposition candidates in upcoming elections? Do international legal bodies find such staged confessions in conformity with recognized legal principles? Is it necessary to sacrifice well-intentioned individuals to prove an obvious historical point?

A quick glance at Haleh Esfandiari’s blank and metamorphasized face indicates that the owner of that face has been “forced” to satisfy the wishes of prison guards who surrounded her. ‘Till the day she is freed from hell!