Capital Punishment
The most Deplorable form of Deliberate Murder
Interview with "Khavaran"
Question: In its
literature, the Worker-communist Party of Iran has clearly spoken about
the necessity of abolishing capital punishment. What is the WPI's
reasoning behind the necessity of abolishing capital punishment?
Mansoor Hekmat:
Capital punishment is the state's terminology for murder. Individuals
murder each other, but states sentence individuals to 'capital
punishment.' The demand to end capital punishment and prohibit murder
stems from opposition to intentional, deliberate and planned murder of
one by the other. That a state or ruling political force is responsible
does not make the slightest difference to the fact that we are dealing
with intentional murder. Capital punishment is the most deplorable and
appalling form of intentional murder since a political authority,
publicly, with prior notice, on behalf of society, with the utmost
legitimacy and ruthlessness, decides to murder someone, and announces
the date and time of the event.
Question: With
the abolishment of capital punishment, how can grievances be filed
against murderers?
Mansoor Hekmat:
It is an interesting question. With the abolishment of capital
punishment, right from the start, a leading murderer, the state, will
immediately be stopped. Your question implies that capital punishment
has been invented to file grievances against murderers or that lawmakers
found it suitable for the crime of murder after lengthy deliberations.
Capital punishment, however, has nothing to do with murder in society.
It has its own history. It is the state's rights and powers over
citizens today as a continuation of the state's rights and powers in the
past. When Agha Mohammad Khan Ghajar blinds and kills residents of an
entire town, he is not objecting to a specific crime. When a horse thief
in America is hanged or a soldier who has escaped military service is
executed, they are not registering a grievance in a judicial sense, but
rather they are putting people in their places and forcing them to
submit to rules and regulations. They are terrorising people. They are
governing. In today's world, capital punishment is not just a so-called
punishment for murder, it is also a punishment for unauthorised sex,
hoarding, believing in common ownership, forming opposition parties,
mocking of god and prophets, homosexuality, etc. From the beginning of
state rule, the killing of inhabitants has always been and is a pillar
of forcing people into submission. The history of capital punishment is
not found in judicial debates about crime and punishment, but rather in
the history of class rule and the state. States kill their citizens
today. This must be stopped.
You ask if there is no capital punishment, what we can do with
murderers. The killing of murderers is a repetition of murder. This
cannot be done. What else can be done depends on the judicial philosophy
of society. In the current system, a murderer could be imprisoned.
Perhaps in an ideal society, people could be protected from the
repetition of murder, or the murderer could be made to understand its
offensiveness, without even taking away his/her freedom. In an ideal
society, it may even be possible to create conditions so that
pre-meditated murder does not occur.
Question: How
would the WPI treat the Pasdaran (Revolutionary Guards) and torturers
who are captured and found guilty of murder?
Mansoor Hekmat:
There are no capital punishment or life sentences in our system of laws.
Clearly, these people should be imprisoned and worked on so that they
can return to society and be forgiven.
Question: Without
capital punishment, how will families of the murdered obtain justice?
Mansoor Hekmat:
The idea that the family of the victim owns the victim's blood and that
justice is a debt owed by society is a backward and unacceptable
concept. The victim's family's sadness and sorrow is undeniable. But if
capital punishment is allowed to appease their sorrows, why is murder
not excused for similar emotions? Can anyone who has suffered
humiliation, been crushed, lost everything, become a drug addict,
bankrupt or homeless commit murder to appease bitter emotions? Is the
state a killing machine, which individuals refer to for retribution? Is
justice a concept replacing retribution? The meaning of justice should
be discussed later. The concept is not so objective and beyond the class
system that some might think.
Question: Would
not the abolition of capital punishment result in increased crime?
Mansoor Hekmat:
No, the reverse. As I said before, the long list of state sponsored
murders will immediately stop. The US government and its prosecutors are
the busiest professional murderers in that country. The abolishment of
capital punishment is like arresting 150 serial killers at once!
Furthermore, a society that legally permits the killing of human beings
can never prevent its repetition by the general public. The abolition of
capital punishment and declaring the value of human life is the first
step in the struggle against a culture of murder in society. Official
statistics clearly show that in Holland, Scandinavia and Britain where
capital punishment are prohibited, the murder rate (in ratio to the
population) is far less than in the United States.
Question: In your
opinion, what should be the objectives of punishing criminals?
Mansoor Hekmat: I
am not sure if punishment is basically a good word for a humane judicial
system. In my opinion, aside from prevention and removing the social,
economic and cultural bases of crime, society must first, with minimal
use of force and minimal deprivation of the offender's normal life,
protect itself from the repetition of an offence. Secondly, it must help
these individuals transform. I think that retribution and punishments
that make examples of persons must be banned. We must reach a point
where society so distances itself from violence that it treats it like
natural disasters, rushing in to help the victims, making efforts to
avoid its repetition and minimise the damage, without sacrificing anyone
by throwing them in the volcano or the sea.
Question: If the
abolition of capital punishment is to value human life and the right to
live, then how do we pursue the demand for the freedom of political
prisoners who have killed innocent human beings during the course of
their political actions? What should be done to a fighter who has
planted a bomb on a bus or other place and consequently killed one or
more persons? Must we demand their freedom?
Mansoor Hekmat: I
do not call an individual who plants a bomb on buses and planes, a
fighter. Unfortunately, for a specific period, this method became
popular in some legitimate movements and was later elevated to an art of
killing under the guise of politics by some reactionary movements. I do
not have general formula to deal with them. It depends on the state they
are fighting against, on the judicial standards of the given country and
its legal legitimacy and on the conditions under which it occurs. In my
opinion, the case of those who bomb non-military targets is not a
political case. It is possible to provide secondary political reasons
for the crime, but the case is not a political one. However, if those
who have attacked non-military targets are to be arrested and tried,
several Western presidents and prime ministers, hundreds of American and
European bureaucrats, generals and commanders will be the first to be
accused. I see no difference between Timothy McVeigh who committed such
a massive crime in Oklahoma and those who bombed shelters, schools and
houses, killing so many in Baghdad.
Question: Which
authority must try these?
Mansoor Hekmat: A
power that has legal legitimacy. According to their definition, despotic
governments do not have such legitimacy. In my opinion, to try the
general Schwartzkopfs and the Bin Ladens, acceptable courts could be
found or created even in this bourgeois world.
Question: What is
your definition of a political prisoner?
Mansoor Hekmat:
In my opinion, there are two categories of political prisoners and
prisoners of war, which are relevant to this discussion. A political
prisoner is someone who is in prison for opposing a government.
Accordingly political prisoners must be freed. There should not be any
trial. Anyone who has carried out political activities against a
government must not be arrested. Moreover, prisoners of war have not
committed any crimes and must not be deprived of their civil rights,
including freedom. This of course is not only a matter between states.
In my opinion, members of guerrilla organisations who have declared war
on states and have been captured must be entitled to the same rights as
prisoners of war. Current laws must profoundly be changed in favour of
these prisoners. Imprisoning an individual and depriving him/her of
their normal life must be banned. But arrangements could be made to
prevent the individual from re-joining his/her army until the end of the
war or until it is ensured that s/he will not take part in the war
again. Finally, we have another concept of war crimes. This concept must
be seriously redefined and include all instances in which forces attack
non-military and civilian structures. In recent years, we have witnessed
the most widespread war crimes committed by western and local
governments in different countries such as Iraq and Yugoslavia. There
are many war criminals that roam freely among people as leaders,
national heroes and patriots who must be tried.
Question: What
are the reasons behind Islamic fundamentalists' insistence and eagerness
on annihilating and killing their opponents?
Mansoor Hekmat: I
have not researched whether someone is first attracted to murdering and
then becomes an Islamic fundamentalist or vice versa but I am sure the
answer is somewhere in your question.
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