PUBLIC AI Index: MDE 13/034/2009 April 20, 2009
FurtherInformation on 98/09 (MDE 13/031/2009, 09 April 2009) and follow-up (MDE13/032/2009) - Fear of imminent execution
IRAN DelaraDarabi (f), aged 22, juvenile offender
Juvenileoffender Delara Darabi was granted a two month stay of execution by the Head ofthe Judiciary on 19 April, the day before she was due to be executed.
DelaraDarabi’s lawyer, Abdolsamad Khorramshahi, has confirmed that herexecution has been postponed for two months after the family of the victim refusedto attend the execution. They are however still demanding that she be executed.According to Article 7 of Iran’s Code of Procedure on executions, the family ofthe victim or their lawyer are required to be present for the implementation ofthe sentence.
DelaraDarabi remains at risk of being executed unless the family of the victim agreeson compensation.
Iran has executed at least forty two juvenile offenders since 1990, eight ofthem in 2008 and one on 21 January 2009.
The execution of juvenile offenders is prohibitedunder international law, as stated in Article 6(5) of the InternationalCovenant on Civil and Political Rights (ICCPR) and the Convention on the Rightsof the Child (CRC), to which Iranis a state party, and so has undertaken not to execute anyone for crimescommitted when they were under 18.
In Irana person convicted of murder has no right to seek pardon or commutation fromthe state, in violation of Article 6(4) of the ICCPR. The family of a murdervictim have the right either to insist on execution, or to pardon the killerand receive financial compensation (diyeh).
For more information about executions of child offenders in Iran, pleasesee Iran: The last executioner of children (Index: MDE 13/059/2007), June2007, (//web.amnesty.org/library/index/engmde130592007).
RECOMMENDEDACTION: Please send appeals to arrive as quickly as possible, in Persian,Arabic, English or your own language:
-welcoming the stay of execution for Delara Darabi;
-calling on the authorities to commute her death sentence, as she is facingexecution for a crime committed when he was under 18;
-acknowledging that governments have a right and responsibility to bring tojustice those suspected of criminal offences in proceedings that meetinternational standards for fair trial and the Convention of the Rights of theChild, and pointing out that no one should be executed for crimes committedwhen under 18;
- calling on the authorities to pass, as a matterof urgency, legislation abolishing the death penalty for all offences committedby those under 18, in accordance with Iran’s obligations as a state party tothe International Covenant on Civil and Political Rights and the Convention onthe Rights of the Child.APPEALSTO:
Headof the Judiciary
AyatollahMahmoud Hashemi Shahroudi
c/o Director, Judiciary Public Relationsand Information Office
Judiciary Public Relations andInformation Office
No. 57, Pasteur St., corner of Khosh Zaban Avenue
Email: email@example.com (In thesubject line write: FAO Ayatollah Shahroudi)
Salutation: Your Excellency
Howzeh Riyasat-e Qoveh Qazaiyeh / Officeof the Head of the Judiciary
Pasteur St, Vali Asr Ave., south of Serah-e Jomhuri
Tehran 1316814737, Iran
Leaderof the Islamic Republic
AyatollahSayed ‘Ali Khamenei, The Office of the Supreme Leader
Islamic Republic Street – End of Shahid Keshvar Doust Street, Tehran,Islamic Republic of Iran
via website: //www.leader.ir/langs/en/index.php?p=letter(English)
Salutation: Your ExcellencyCOPIESTO:
Director, Human RightsHeadquarters of Iran
Mohammad Javad Larijani
Howzeh Riyasat-e Qoveh Qazaiyeh /Office of the Head of the Judiciary
Pasteur St, Vali AsrAve., south of Serah-e Jomhuri
Tehran 1316814737, Iran
Fax: +98 21 3390 4986 (please keep trying)
Email: firstname.lastname@example.org(In the subject line write: FAO Javad Larijani)
Salutation: Dear Mr Larijani
andto diplomatic representatives of Iran accredited to your country.
PLEASESEND APPEALS IMMEDIATELY. Check with the InternationalSecretariat, or your section office, if sending appeals after 1 June.
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