|
(Geneva,
08 July 2008) Today 24 international and regional human rights
organizations called on Iranian authorities to spare four youths facing
execution and to stop imposing the death penalty for crimes committed by
juvenile offenders - persons who commit crimes while under the age of 18, and
to uphold their international obligation to enforce the absolute prohibition on
the death penalty in such cases
Iran executed 16-year-old Mohammad Hassanzadeh, an
Iranian Kurd on 10 June 2008 for a crime committed when he was 14. Four other
juvenile offenders are at risk of execution between 11 and 25 July. The organizations
called on the head of Iran's
judiciary to suspend these four executions immediately.
Behnoud Shojaee and Mohammad Feda'i face
execution on 11 July. Both were to be
executed on 11 June 2008 but received last minute month-long reprieves to give
them more time to seek pardons from the families of their victims.
At least two other juvenile offenders, Salah Taseb, and Sa'eed Jazee, are also at risk of execution in the coming
days. According to the group Human
Rights Activists in Iran,
Salah Taseb, from Sanandaj,
who was convicted of a murder committed when he was 15, has been transferred
from the children's prison to the main prison in Sanandaj after recently
turning 18. He may be executed before
the end of the Iranian month of Tir, which ends on 23
July 2008, although spokesperson for the Judiciary Alireza
Jamshidi stated on 1 July 2008 that the case remained
subject to appeal. The other youth, Sa'eed Jazee, who was due to be executed on 25 June, reportedly
had his execution postponed for a month. He was convicted of the murder of a
22-year-old man, which took place in 2003 when he was 17 years old.
Almost 140 juvenile offenders are known to be on death row in Iran,
but the true figure could be even higher – for example, Mohammad Hassanzadeh's case was not known to campaigners prior to
his execution.
In a press conference on 17 June 2008, carried by
various Iranian media, Judiciary spokesperson AlirezaJamshidi
denied that Mohammad Hassanzadeh had been under the
age of 18 at the time of his execution.
In response, Mohammad Mostafa'i, a lawyer who
has defended many juvenile offenders sentenced to death, wrote on 25 June 2008
(http://mostafaei.blogfa.com/post-11.aspx)
that he went to Sanandaj following Alireza Jamshidi's statement, where he saw Mohammad Hassanzadeh's identity papers. Mohammad Mostafa'i
wrote that the documents proved that Mohammad Hassanzadeh
was in fact only 16 years, 11 months and 20 days old at the time of his
execution.
The use of the death penalty against those who committed their offences
while under the age of 18 is a gross violation of customary international law,
no matter what age the person has reached at the time of their execution.
The organizations said they were
concerned that the authorities' insistence that Mohammad Hassanzadeh
was over 18 at the time of his execution could be a prelude to reprisals being
taken against Iranian human rights defenders (HRDs) who
have publicly criticised this and other executions of
juvenile offenders, as they could potentially be accused of vaguely-worded
charges such as "acting against state security" or "propaganda against the
system".
Iranian HRDs who have
previously publicised human rights violations have
suffered such reprisals. For example, in 2007 a court convicted
Emadeddin Baghi, a leading
Iranian campaigner against the death penalty, of "activities against national
security" and "propaganda in favour of the regime's
opponents" for statements criticizing death sentences imposed after unfair
trials in cases involving adults. That ruling was overturned on appeal, but Emadeddin Baghi continues to
serve another sentence connected to his human rights work. Mohammad Sadiq Kabudvand, an Iranian Kurdish HRD is serving an 11-year
prison sentence He was convicted of
"acting against state security by establishing the Human Rights Organization of
Kurdistan (HROK)" and "propaganda against the system".
The Iranian authorities should respect the right to
freedom of expression, including in the defence of
human rights, as articulated in the International Covenant on Civil and
Political Rights (ICCPR) and the UN Declaration on the Right and Responsibility
of Individuals, Groups and Organs of Society to Promote and Protect Universally
Recognized Human Rights and Fundamental Freedoms.
Some Iranian officials have attempted to justify
killing juvenile offenders by terming these killings "retribution" and not
"execution." According to Judiciary spokesperson Alireza
Jamshidi, "In [Iranian] law we don't have execution
(`edam) for
persons under 18 years of age; what we have in the
laws for persons between 15 to 18 is the issue of retribution (qesas)." In Islamic law, "retribution" for murder is the
death penalty. Family members of a murder victim may pardon or accept
compensation in lieu of execution, but they are not required to do so. Iranian
law currently allows the death penalty – for "retribution" for murder and for
other crimes – to be imposed on girls as young as nine, and boys from the age
of 15, lunar years. A child younger than
this could also be sentenced to death if the judge in the case considers that
he or she has reached puberty.
This distinction between "execution" and
"retribution" is a meaningless one. A
person is executed when his or her death is brought about by the state pursuant
to a final judgement issued by a competent court,
which is the case in sentences of "retribution" issued by Iranian courts. By
making such misleading statements, the Iranian authorities are attempting to
obscure the fact that Iran
is violating international law every time it executes a juvenile offender –
whether or not the individual has reached 18 at the time of their
execution. It is imperative that the
authorities immediately stop such executions and amend legislation to ensure
that no one is put to death by the state for any crime, including murder,
committed when under the age of 18.
Iran is a
state party to both the International Convention on Civil and Political Rights
(without reservation) and the Convention on the Rights of the Child (CRC), both
of which prohibit the execution of persons under the age of 18 at the time of
their offence. In ratifying the CRC, Iran
declared an extremely broad reservation "not to apply any provisions or
articles of the Convention that are incompatible with Islamic Laws." The
Committee on the Rights of the Child, which monitors implementation of the CRC,
expressed its concern in 2000 that the "broad and imprecise nature of the State
party's [Iran's] general reservation potentially negates many of the
Convention's provision and raises concern as to its compatibility with the
object and purpose of the Convention." The 24 human rights groups called on Iran
to withdraw its reservation to the CRC, which, the groups said, cannot in any
case be invoked as legal authority to allow for the execution of juvenile
offenders.
In 2007, only
two other countries – Saudi Arabia
and Yemen – also executed
juvenile offenders, but the numbers are dwarfed by those carried out in Iran,
where at least seven were executed that year.
So far in 2008, two juvenile offenders, including Mohammad Hassanzadeh who was only 16 at the time of his execution,
have been hanged in Iran.
Iran should
immediately commute all death sentences against juvenile offenders and cease
all such executions, the 24 groups said.
For more information, please contact:
Association Adala
Abdel Aziz Ennouidi
21261741908+
Email: adalajust@yahoo.fr
Amnesty International (AI):
Nicole Choueiry
Middle East and North
Africa Press Officer
+44 7831 640 170 (mobile)
+44 207 413 5511 (direct line)
Email:nchoueir@amnesty.org
The Arabic Network for Human Rights Information
Gamal Eid
Executive Director
+202-2-5249544
Email:info@anhri.net
Arab Penal
Reform Organization (APRO)
Mohammad Zarea
+202-27870063 - 202-27869987 - 202-27869989
Email: apro@aproarab.org
Bahrein Center for Human Rights - BCHR
Mr. Nabeel Ragab,
Vice-president
nabeel.rajab@bahrainrights.org
Cairo Institute for Human
Rights Studies (CIHRS)
Moataz El fegiery
Executive Director
+202 27951112 (office)
+2 0123429991 (mobile)
Email: moataz@cihrs.org
Defence for Children International
Rebecca Morton
Executive Director
+41 22 734 0558
director@dci-is.org
www.dci-is.org
Egyptian Alliance to Challenge
Death Penalty
Ayman Okail
+ 202 35731912, ++20105327633
E-mail :
maat_law@yahoo.com, info@maat-law.org
Fédération
Internationale des Ligues des Droits de l'Homme - International Federation for Human Rights (FIDH)
Ms. Souhayr Belhassen
President
+ 331 43 55 25 18
Human Rights Association for the Assistance of Prisoners.
Mohammad Zarea
+202-27870063 - 202-27869987 - 202-27869989
Email: apro@aproarab.org
Human Rights Association
of Turkey
(IHD)
Yusuf Alatas, (former president),
Osma Isçi, (international relations)
+903124259547
Email: ihd@tr-net.net.tr
Human Rights Watch
Clarisa Bencomo,
Children's Rights Researcher for the Middle East
and North Africa
+2010 970 9911 (mobile);
Email: bencomc@hrw.org
Institut International des Droits de l'Enfant
Jean Zermatten,
Director
+41 27 205 73 03
Email : ide@childsrights.org
International Campaign for Human Rights in Iran
Hadi Ghaemi
Coordinator
+1 917 669 5996
Email: hadighaemi@iranhumanrights.org
Organisation Marocaine des droits de l'Homme (OMDH)
Mme Amina BOUAYACH, Présidente
Tel : 00 212 777 00 60/ 00 212 227 30
49
Iran Human Rights
Mahmood Amiry-Moghaddam
Spokesperson
+47 91742177
Email: iranhr2007@gmail.com
Iranian league
for the defense of human rights (LDDHI)
Karim Lahidji
President
lddhi@wanadoo.fr
Moroccan Centre for Human Rights
(Centre Marocain des Droits
Humains)
Khalid
Cherkaoui
Director
21268681138+
Email: cmdh.ma@yahoo.fr
Moroccan Coalition against the Death Penalty (Coalition marocaine contre la peine de mort)
Abdelilah BEN ABDESLAM
Coalition Coordinator
21267708600+
Email: lilahbena@yahoo.fr
This Coalition comprises 7 Moroccan NGOs
* Association Marocaine des Droits Humains
*Amnesty International- Section Marocaine
* Organisation Marocaine des Droits Humains,
* Centre des Droits des Gens,
* Obsevatoire
Marocains des Prisons
* Association des Barreaux du Maroc,
* Forum Marocain de Verite
et Justice.
Penal Reform International
Tahar Boumedra
Regional Director for MENA
+ 962 65826017 (office)
+ 962 (0)799946651 (mobile)
E-mail: tboumedra@penalreform.org
Stop Child Executions
David Etebari
Vice President
+1 310 598 3616
Email: detebari@gmail.com
Terre des Hommes -aide à l'enfance
Bernard Boeton
+ 41 58 611 06 18
Email : bernard.boeton@tdh.ch
« VIVERE »
(Sauvegarde des personnes risquant la mort par
une discrimination inacceptable)
Michel HOFFMAN,
Director
contact@vivere.ch
World Organisation
Against Torture (OMCT)
Cécile Trochu Grasso
Child rights activities coordinator
+41 22 809 49 39
Email: ct@omct.org
Public Document
****************************************
For more information please call
Amnesty International's press office in London,
UK, on +44 20
7413 5566 or email: press@amnesty.org
International Secretariat, Amnesty
International, 1 Easton St., London
WC1X 0DW, UK
www.amnesty.org
|