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 About
Age 17 Nationality Iran Religion Presumed Muslim Civil status — Education — Occupation — Rank/Position — Institution —
Case Date of execution October 13, 2004 Location Shiraz, Iran Mode of execution hanging Charges Murder; Rape About this Case
The news of the execution of Mr. Mojtaba Amiri and another person was published on the websites of the Keyhannewspaper on both June 27 and October 14, 2004, as well as theIrannewspaper on June 22, and finally the Sharqnewspaper on October 14, 2004. According to the Keyhannewspaper, a five-year old boy was missing in the Torkan area of Shiraz in February, 2004. After the family of the missing boy went to police, his body was found in a nearby wilderness area.
Arrest and detention
According to the Keyhannewspaper, after discovering the body, Shiraz police began an extensive investigation to identify the perpetrators of the crime. In this regard, they arrested several suspects including two young men. One was named Mojtaba, 17, and the other 'Aziz, 22. The report does not mention the reason for this suspicion.
Trial
According to the media reports, the defendants were tried in Branch 12 of the public court of Shiraz.
Charges
TheKeyhannewspaper quotes the Public Prosecutor of Shiraz stating the charges against the defendants were "kidnapping, murder, and rape."
The validity of the criminal charges brought against these defendants cannot be ascertained in the absence of the basic guarantees of a fair trial. International human rights organizations have drawn attention to reports indicating that the Islamic Republic’s authorities have brought trumped-up charges against their political opponents including drug trafficking, sexual, and other criminal offences. Then they are executed. Each year, Iranian authorities sentence hundreds of alleged common criminals to death, following judicial processes that fail to meet international standards. The exact number of people who have been convicted based on trumped-up charges is unknown.
Evidence of guilt
The evidence against the two defendants was their "confessions". According to the Keyhannewspaper, these two young men confessed to the murder of the five-year- old boy after hours of interrogation. The Sharqnewspaper reports that the defendants first denied committing the crime. But, after they were transferred to the Shiraz Police station, they finally confessed that on his birthday, when the boy went outside his house to buy something, they took him to an animal farm nearby pretending to show him a white lamb. But, since he resisted, they injured him with broken glass and beat him in the face. Then, they raped him. To avoid being identified, they cut his throat with the broken glass and escaped.
International human rights organizations have repeatedly condemned the government of the Islamic Republic of Iran for its systematic use of severe torture and solitary confinement to obtain confessions from detainees and have questioned the authenticity of confessions obtained under duress. In the case of political detainees, these confessions are, at times, televised. The National Television Station broadcasts confessions during which prisoners plead guilty to vague and false charges, repent and renounce their political beliefs, and/or implicate others. Human rights organizations have pointed to the pattern of retracted confessions by prisoners who have been freed.
Defense
No information is available on the defendant's defense. According to theIrannewspaper, they expressed regretted their actions.
Judgment
The court condemned these two defendants to death and the Supreme Court confirmed the ruling. They were hanged in public in Sharifabad Square in Shiraz on October 13, 2004.
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Human rights violations in this caseThe legal context
Read about the courts, the judges, and the procedure. The courts
Special courts, known as the Islamic Revolutionary Tribunals, were set up after the February 1979 revolution. Their jurisdiction encompasses a wide array of offences ranging from association with or support of the former regime, promotion of foreign influence, and enmity with the revolution to possession, use or sales of narcotic drugs, murder, and profiteering. In the 1980s, a penal court, presided over by one judge, was created to handle some of the offenses punishable by death, such as theft or adultery. These tribunals’ decisions must be confirmed by a chamber of the Supreme Judicial Council.
The judges
Prosecutors and judges are not necessarily jurists. By 1981, the judiciary was purged of judges trained in law schools. They were replaced by seminary graduates and students, as well as by political appointees (an estimated 2000 by 1989). Since by law judges are only required to have a high school diploma and must be faithful to the Islamic Republic’s tenets, new recruits often have little formal training in the law and are chosen because of their political affiliation.
The procedure
The procedures of these ecclesiastical tribunals fail to meet the minimum guarantees for fair trial as established by international human rights instruments and by sha’ria (the Islamic system of law). In addition to executions ordered by revolutionary tribunals, extra-judicial executions are carried out, targeting dissidents and opposition leaders. In some cases, both inside and outside of Iran, these executions have been traced back to Iranian officials. It is, however, not known if in these particular cases trials are held in absentia.
Sources (Among others): Amnesty International, Law and Human Rights in the Islamic Republic of Iran, February 1980; Lawyers' Committee for Human Rights, The Justice System of the Islamic Republic of Iran, 1992; E/CN.4/1989/26 p.14; UNCHR, Resolution 1984/54 , Abolition of Torture - Iran - 1; 28 November 1984; Report on the human rights situation in the Islamic Republic of Iran by the Special Representative of the Commission, Mr. Reynaldo Galindo Pohl, 28 January 1987. Amnesty International, A SHOCKED WORLD WATCHES IN DISBELIEF, VIOLATIONS OF HUMAN RIGHTS, 1987-1990. Memoirs of Ayatollah Khalkhali, religious judge and former head of revolutionary tribunals (2001), and Ayatollah Montazeri, dismissed successor to Ayatollah Khomeini (2001). UNCH, E/CN.4/1994/50, Final report on the situation of human rights in the Islamic Republic of Iran prepared by the Special Representative of the Commission on Human Rights, Mr. Reynaldo Galindo Pohl, pursuant to Commission resolution 1993/62 of 10 March 1993 and Economic and Social Council decision 1993/273. E/CN.4/1994/50, 2 February 1994.
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 close... Based on the available information, the following human rights have been violated in this case:
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The right to liberty and security of the person. The right not to be subjected to arbitrary arrest and detention.
Universal Declaration of Human Rights (UDHR), Article 3; International Covenant on Civil and Political Rights (ICCPR), Article 9.1.
The right to due process
The right to be presumed innocent until found guilty by a competent and impartial tribunal in accordance with law. ICCPR, Article 14.1 and Article 14.2.
Pre-trial detention rights
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The right to know promptly and in detail the nature and cause of the charges against one.
UDHR, Article 9(2); ICCPR, Article 9.2 and Article 14.3.a
The right to counsel of one’s own choosing or the right to legal aid. The right to communicate with one’s attorney in confidence
ICCPR, Article 14.3.b and Article 14.3.d; Basic Principles on the Role of Lawyers, Article 1, Article 2, Article 5, Article 6, Article 8. -
The right to adequate time and facilities for the preparation of the defense case.
ICCPR, Article 14.3.b.
The right not to be compelled to testify against oneself or to confess to guilt.
ICCPR, Article 14.3.g. -
The right not to be subjected to torture and to cruel, inhuman or degrading treatment.
ICCPR, Article 7; Convention Against Torture and Other Cruel Inhuman or Degrading Treatment and Punishment, Article 1 and Article 2.
Trial rights
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The right to a fair and public trial without undue delay. ICCPR, Article 14.1, Article 14.3.c.
The right to defense through an attorney or legal aid. The right to examine, or have examined, the witnesses against one and to obtain the attendance and examination of witnesses on one’s behalf under the same conditions as prosecution witnesses.
ICCPR, Article 14.3.d and Article 14.3.e. The right to have the decision rendered in public.
ICCPR, Article 14.1.
Judgment rights
Capital punishment
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The inherent right to life, of which no one shall be arbitrarily deprived.
Universal Declaration of Human Rights (UDHR), Article 3; International Covenant on Civil and Political Rights (ICCPR), Article 6.1; Second Optional Protocol to the ICCPR, aiming at the abolition of the death penalty, Article 1.1, Article 1.2.
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The right not to be subjected to cruel, inhuman or degrading punishment. ICCPR, Article 7; Convention Against Torture and Other Cruel Inhuman or Degrading Treatment and Punishment, Article 1 and Article 2.
The right of a person not to be subjected to the capital punishment for an offence committed before the age of eighteen. The right not to be subjected to the capital punishment while pregnant.
ICCPR, Article 6.5; Convention on the Rights of the Child, Article 37.a.
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