A word of thanks to Amnesty International for their immediate response and issuing the urgent action statement on Delara Darabi :  LINK 

Iran: Further information on death penalty / legal concern: Delara Darabi (f)

PUBLIC AI Index: MDE 13/047/2007
27 April 2007

Further Information on UA 04/06 (MDE 13/084/2006, 01 August 2006) and follow-up
(MDE 13/038/2007, 27 March 2007) – Death penalty/legal concern/health concern

IRAN Delara Darabi (f), aged 20, child offender

Delara Darabi’s death sentence has been confirmed by the Supreme Court,
according to a 25 April report in the newspaper Etemad. The verdict has
apparently been sent to the office of the Head of the Judiciary, Ayatollah
Shahroudi, for consideration.

Her father has again requested that she be transferred from Rasht Prison to
Evin, in Tehran, on the grounds that conditions in Rasht may have led in part
to her January suicide attempt. Her life was saved by her cellmates, who
alerted the prison authorities. According to recent reports, Delara Darabi has
been beaten in Rasht Prison, leaving her with a broken arm, and she is in poor
health. She reportedly also suffers from a pre-existing kidney complaint. It is
not known whether she is receiving adequate medical care, but her condition has
reportedly worsened in prison.

Delara Darabi, then aged 17, reportedly burgled the house of an elderly female
relative on 29 September 2003 together with a 19-year-old man named Amir
Hossein Sotoudeh. Amir Hossein allegedly killed the woman during the burglary.
Delara Darabi initially confessed to the murder, but subsequently retracted her
confession, claiming that Amir Hossein had asked her to admit responsibility
for the murder to protect him from execution, believing that as she was under
18, she could not be sentenced to death. Iran is a state party to international
treaties, including the International Covenant on Civil and Political Rights,
that expressly prohibit the use of the death penalty for crimes committed by
those under the age of 18.

Delara Darabi was sentenced to death by Branch 10 of the General Court in Rasht
in 2005. The Supreme Court later found “deficiencies” in the case and sent it
for retrial. Following further trial sessions in January and June 2006, Delara
Darabi was sentenced to death for a second time. Amir Hossein Sotoudeh was
sentenced to 10 years’ imprisonment for complicity in the murder and both
received sentences of three years’ imprisonment and 50 lashes for robbery, and
20 lashes for an “illicit relationship”. Delara Darabi’s death sentence was
confirmed by the Supreme Court on 16 January 2007. According to the Etemad
report, this sentence has now been further confirmed by Branch 7 of the Iran’s
Supreme Court, sitting as a sentencing “discernment”, or review, body (Sho’
be-ye tashkhis).

BACKGROUND INFORMATION

Despite being a state party to international treaties which prohibit the use of
the death penalty against anyone under the age of 18 at the time of offence,
many child offenders are under sentence of death in Iran.

At least 177 people were executed in Iran in 2006, including one who was under
the age of 18 at the time of execution, and at least three others who were
under 18 at the time of the offences of which they were convicted.

On 14 January 200, judges in a Tehran criminal court cleared 19-year-old
Mahabad Fatehi (known as Nazanin Fatehi) of premeditated murder, but ordered
her to pay diyeh (blood money) to the family of the man she killed in
self-defence in March 2005. She had been sentenced to death for murder in
January 2006, but following domestic and international protests, her death
sentence was quashed by the Supreme Court in May 2006 and her case sent for
retrial (see UA 220/05, MDE 13/047/2005, 24 August 2005, and follow-ups).