شب را سیاه بکش دلارا، بی ستاره، بی ماه و بی فردا

آسیه امینی

ساعت یک صبح است. تازه از رشت رسیده ام تهران. با چشمانی برآماسیده و دلی برآماسیده تر. حتا نماندم تا دلارای نازنینم را خاک کنم. خانواده اش را تنها گذاشتم. با فریادهای دلخراش و گریه های بی امانشان. آن قدر در سرم فریاد هست که هرگز امروز از یادم نرود. 

صبح که خبر را از آقای خرمشاهی شنیدم فقط فرصت کردم که  آماده شده و راهی رشت شوم. در ر اه به محمد مصطفایی هم خبر دادم. او هم وکالت دلارا را پذیرفته بود و هفته پیش گفته بود اگر برای رضایت می روی من هم می آیم. و حالا باید برای تسلیت به خانواده اش می آمد. گفته بودمش که دو ماه وقت داریم هنوز. امضاها که بیشتر شد قرار می گذاریم. خطاب نامه این بار به خانواده صاحب خون بود. نه به رئیس قوه و نه به مردم و نه هیچ کس دیگر. کلی امضا پای نامه بود. تقریبا از همه اهل فرهنگ و هنر. نقاشان. نویسندگان، شاعران، سینماگران و…. نوشته بودیم شما اهل فرهنگید. زبان خشونت برازنده شما نیست. شما اهل شعور و معرفتید.

دو سال تمام است که لام تاکام حرفی نزدیم. نکند که به کسی بربخورد. همه اش گفتیم و گفتند فقط رضایت! رضایت تنها راه است! گفتیم 17 ساله بود. گفتند دیر است برای این حرفها فقط رضایت! گفتیم بحث نبود و نیست! این همه دلیل و سند وجود دارد که نشان می دهد او قاتل نیست! گفتند حکم قطعیت یافته، فقط رضایت! دو سال است خفه شدیم و رفتیم دنبال رضایت. این هم از عاقبت رضایت!

می توانستند بگویند رضایت نمی دهیم. می توانستند آب پاکی را از همان اول بریزند.  این همه بازی دادن چرا؟ سردواندن چرا؟ خب از اول می گفتند رضایت نمی دهیم و خلاصمان می کردند. شرط گذاشتند. همه پذیرفته شد. اجرا شد. نامه های دو طرف را مطبوعات چاپ کردند. وکیلش را عزل کردند ( البته بدون ابلاغ به خود وکیل)و …. آخرش همین بود؟! که همه را بگذارند در بیم و امید و روز جمعه!!! بدون دیدار خانواده و بدون حضور وکیل اعدامش کنند؟!  بدون شنیدن ضجه های مادرش؟ و پدری که امشب روانه بیمارستان شد و نمی تواند حتا دیگر شانه هایش را راست نگه دارد…

آخر انصاقتان کجا رفته بود. حتا اگر دلارای 17 ساله مرتکب قتل هم شده بود – که نشده بود- باز هم مرگی با این همه جفا؟… حیوان را هم که سر می برند فرصتی برای گلوتر کردن بهش می دهند. دلارا سه وکیل داشت. گیرم که عبدالصمد خرمشاهی را عزل کرده بود. آن دو دیگر را چرا نخواندید؟ شاید وصیتی داشت! شاید حرفی برای گفتن داشت! شاید آرزویی، توصیه ای، خواهشی…

دیر است و درد چنگ انداخته به گلویم. پشیمانم که برگشته ام تهران و البته چاره ای نداشتم. دلارا را فردا در خاک  می کنند و من نیستم کنارش تا گردن بند سوغاتی اش را به گردنش ببندم. می خواستم روز آزادی اش به گرردنش ببندم.  دادمش به غزاله و گفتم به او بگو که دیر رسیدم و بگو که ببخش اگر نتوانستم به قولم عمل کنم!

دخترکم نمایشگاه نقاشی ات به هیچ دردمان نخورد. دیگر فریبت نمی دهم با امید. دیگر قول نمی دهم که صدایت بلرزد از کورسوی امید و بگویی “می دانی آرزو داشتم نمایشگاه نقاشی بگذارم؟”…

امشب تمام بوم را سیاه کن. بی ستاره، بی ماه و بی فردا.

Delara’s body was burried today

 پیکردلارا دارابی متولد 7 مهر 1365 خورشیدی امروز 12 اردیبهشت1388 خورشیدی  در حضور صدها نفر از دوستان و آشنایانش در باغ رضوان رشت به خاک سپرده شد. دیشب پدرش را به بیمارستان بردند . او در مراسم خاکسپاری دخترش حضور نداشت
Today May 2nd 2009, body of Delara Darabi born on September 28, 1986 was burried in ”Heaven’s Garden” in the Caspian City of Rasht, Iran. Hundreds of people attended her funeral. Her father who is now hospitalized was not present.  

Nazanin Afshin-Jam’s thoughts on Delara


I am at a loss for words. My heart is empty and my tears are flowing.

I have just finished reading the details by attorney Mohammad Mostafaei of the minutes leading up to Delara’s execution.  It is just too painful  http://scenews.blog.com/4885252/

Delara, I have known you for almost three years.  We tried our best to keep you alive. We informed  and had the High Commission on Human Rights at the UN, the European Union and Parliaments worldwide act on your behalf. We spread awareness through the media, to human rights groups worldwide. We kept in touch with your family and your lawyers.  We conducted speeches and rallies worldwide. We sent you art supplies in prison and letters from supporters  to keep your spirits high. We tried our best to get in touch with the family of the deceased and convince them to understand the severity of taking a young life away. We tried Delara. We tried but we failed.

You are no longer with us in body, but your presence will live on forever, in the hearts of all the volunteers at Stop Child Executions, all the lawyers and human rights defenders fighting for justice, and  millions of supporters around the world fighting for your life.

If there is one thing I can promise you and your family, is that your death will not be in vain. Your departure from this temporary world we call Earth has emboldened and strengthened our fight to seek justice for the 140 children who remain on death row in Iran.

The Islamic Republic of Iran must be held accountable for their violations against humanity.  Clerical Judge Javid Nia, who approved your execution will be held into account one day.

In Delara’s case, Iran has breached many laws.

Injustice # 1

Iran is state party to the International Covenant on Civil and Political Rights and the Charter of the Rights of the Child which forbids the execution of those who have committed an offence before the age of 18. Delara was 17 years old when she was allegedly charged of murder. To the bitter end she maintained her innocence.

 

Injustice #2

The initial verdict that was issued, was based on a confession from a child that did not know her rights, and was not made aware of the consequences for taking the blame for a crime she says she did not commit.

 

Injustice #3

Medical examination of Mahin’s body in an autopsy suggested that the crime was committed by a right-handed person. Delara was left handed. If a new trial was accorded to present this new evidence, the death penalty verdict could have been reversed. Delara’s lawyer Abdolsamad Khoramshahi has tried for years to obtain a new trial and carry out a re-enactment of the crime in court, with no success. He is also convinced that due to Delara’s small frame and gentle nature, it was an impossibility for her to have committed the offence.  A partnering lawyer who followed the case, Mohammad Mostafaei, said “I swear she is innocent”.

 

Injustice #4

Whereas the head of Judiciary Ayatollah Shahroudi accorded a 2 month stay of execution in order for the families to try and negotiate  a pardon, Delara was executed in less than 10 days from this order.

 

Injustice #5

Under Iran’s Penal  Code it states that the family and lawyer of the accused are to be given 48 hours prior notice before execution.  No such warning had been given. Instead Delara was executed in secret, like Reza Hejazi and Behnam Zare, with no mother, father or sister to be with her in her last frightening moments or to hear her final words.

 

Injustice #6:

In cases of “ghesas” crimes, the decision whether or not to execute the accused rests with the relatives of the victim. What kind of Justice system allows the biased opinion of the family who has lost a family member to decide ones fate?

 

Around this time two years ago, Delara wrote this beautiful letter to me: http://scenews.blog.com/1772243/

It was touching to read her words to all those who have helped her:

“Say hello to my true loving friends. Every night during my prayers I pray for all the people of this large and vast house. I pray that one day everyone becomes a lover and we all be the guests of Lord’s vast  feast.

I don’t know if I will meet you my dear ones or we must leave the meeting to the unseen world.
Anyway, Delara is not alone, Delaras are trapped in prisons and in need of God’s help and in need of defenders of human right and humanity!!!””

One day we will meet Delara in heaven and she will have thanked us for continuing with the good fight.  

Delara, it is so sad and unfortunate that you had to depart like this without your family being able to say goodbye

 My most heartfelt condolences go out to your family Delara. The loss of a child is painful enough. The loss of a child under unjust circumstances is a tragedy….a tragedy that could have been avoided.

Stop Child Executions will be launching a full report on executions of juvenile offenders in Iran on June 17th in the UK Parliament via the Foreign Policy Center and I will also be addressing the issue in front of the United Nations Human Rights Council in Geneva at that time.

To see Delara and her family in the documentary we made about her a year and a half ago, please visit:

http://scenews.blog.com/4886013/

Delara lives on

Letter from attorney Mostafaei about Delara Darabi

Source: http://mohegh.blogfa.com/post-69.aspx

This morning Delara Darabi, who was in custody since she was 17 years old shockingly was executed in Rasht Central prison. The execution of this artist occurred without any prior notice to her. The news is very short but it’s frightening. How easily we take someone’s life?  How easily we put the ropes on a child’s neck?  How easy we feel the trembling of her small body?

My God this is a crime. My God it is not justice to take the life of this child. My God this is not justice to kill someone who does not deserve to die. Who will answer to this crime in the afterlife?  Is this fair justice? 

On March 24th 2006 (Fourth of Farvardin 1385) I met her in Rasht prison. I remember she had a very innocent face. She was not a murderer; I swear that she was not a killer. She painted a picture for me of an old man who was playing the violin. I did not know that he was playing her death song. I cannot believe she has been executed. She was really innocent, calm, collected and pure. It was not her time to die, but they took her life. My God please help us.  My God where should we go with all this injustice? My God, My God, My God, why have you created us so cruel?  Why? WhY?     

 

In Mr. Mostafaei’s later post:

“Today is May 1st 2009 (11 of Ordibehesht 1388), it is a very frightening day. At 9 A.M. I checked my S.M.S. and it was written “Delara executed”. My whole body shook. I had no energy to move. Asieh Amini was on the line and was crying and said “they executed Delara today”. I got in my car and told my wife that I am going to Rasht. She said she was coming with me.  I don’t   know how I got to Rasht. Delara’s mother was biting herself, her father was talking about how he delivered her daughter to authorities, and everyone was crying, everyone was hitting their head, everyone loved Delara. But she wasn’t amongst us anymore. She got her peace today. No one will hear her voice again.


Her mother said that she met Delara in prison yesterday. Delara said “If I come out of prison, I want to continue my education. I would like to be free. One of the judges promised me to obtain forgiveness from the family of the deceased”. Delara continued “Mother I am innocent”.

 

At 7am Delara’s mother received a phone call from Delara who said “Mom, they want to execute me, I see the gallows, mother save me”. She then asked to talk to her father and said “I want to see you, for God sake save me”. At that point, someone took the phone receiver away from Delara and said “We are going to kill your child and you cannot do anything about it”.

While holding a Koran, Delara’s mother and father rushed to the prison. They cried, pleaded and yelled and said “please let us see the deceased family. We want o fall to their feet.”  They took Delara to the gallows with nobody around her. No father, no mother no lawyer who could listen to her needs. They put the rope on her delicate neck. I do not know who the cruel person was to pull the chair from under her feet. Judge Javid Nia issued her execution order. He is the newly appointed Judge in Rasht. Since his appointment, one person has already been stoned to death and this time it was Delara who was executed.

God bless her soul. But why? Why was Delara executed like this? A friend of mine said “even Saddam Hossein was not executed like this!”

 Why are the voices of the innocent not getting anywhere?  Some say Delara was at fault, some say it was her father’s fault, some say it was her lawyer’s fault. I say it is the fault of the judicial system here because whereas many countries have abandoned the execution of juvenile offenders, Iran insists on killing them. Why?

Why did they take her to the gallows without informing us in advance?  The executions of juveniles Reza Hejazi, in Isfahan and Behnam Zare in Shiraz were carried out in a similar manner, without prior notice. The executioner knew that if they had been given a deadline, the execution would not have happened because millions of people were supporting her. We all knew that an innocent girl was taken to the gallows and lost her life in injustice. Delara is not executed, she is at peace”.          

Delara’s message


From a letter by Delara Darabi to those attending the exhibition of her paintings:

“…. I know that my years of struggle for attaining my rights and for my innocence to be heard is not being effective …An imprisoned man once said: “My only claims are my calls to God from my small prison, and my answers to God in the vast field of freedom within these four walls.” .   It is not important where we are …God’s love is always with us …and his promise of truth……Pray for all Delara’s in the faraway lands.”

From a letter by Delara Darabi one year ago to Nazanin Afshin-Jam president and co-founder of the Stop Child Executions:

“….. I don’t know if I will meet you my dear ones or we must leave the meeting to the unseen world. Anyway, Delara is not alone, Delara’s are trapped in prisons and in need of God’s help and in need of defenders of human right and humanity!!!

I hope that you defend humanity and always be successful. The one who defends humanity and knowledge , is not a human but a true knower of God and knower of self. A reference, a gauge and a motive for life…and that is how you are …Nazanin (precious) of all ages.

You and I and all of us, human beings of the world came here …but after a while we forgot everything… We live with different feelings, with perplexity and amazements and we still do not understand why?

I cry a lot, just like the spring clouds! with large droplets…have you ever seen it?! ……I have never cried for being imprisoned, because my thoughts and my heart is free and is with you….Say hello to my true loving friends , because every night during my prayer I pray for all the people of this large and vast house.”

One of the poems by Delara sent from prison to SCE before she and her family were threatened by the officials of Islamic Republic against further contacts with outside world:

“I empathize with the scarecrow for being stuck in the field 

Her voice is lost behind the clusters of wheat
…and Delara’s voice
ah! how late I realized that I have become a scarecrow ..”

هیچ کس پیش او نبود نه مادر نه پدری و نه وکیلی

Following was written this morning about Delara Darabi, by Mohammad Mostafaei attorney for more than 20 juveniles on the execution row. English Translation to Follow. 

امروز ۱۱ اردیبهشت سال ۱۳۸۸ روز دهشتناکی برایم بود ساعت ۹ صبح اس ام اس روی گوشی ام دیدم که نوشته شده بود ” دلارا اعدام شد” تمام بدنم لرزید. نای حرکت نداشتم. دکمه سبز گوش را زدم. آسیه امینی پشت خط بود و گریان گفت دلارا را امروز صبح اعدام کردند. سوار ماشین شدم و به همسرم زنگ زدم. به او گفتم می خواهم به رشت برم. او نیز از فرط ناراحتی گفت که با من می آید. نمی دانم چطور به رشت رسیدم. مادر دلارا خود را به شدت می زد پدرش داستان تحویل دلارا به نیروی انتظامی را می گوید. همه گریه می کنند. همه به سر خود می زنند. همه دلارا را دوست داشتند. ولی او دیگر در کنارشان نبود. او امروز به آرامش رسیده بود. دیگر صدایی از او به گوش نمی رسد.

مادر دلارا گفت که دیروز با دلارا ملاقات کرده. دلارا به او  گفته که مادر اگر من از زندان بیرون بیایم می خواهم تحصیلاتم را ادامه دهم. دوست دارم آزاد باشم و یک نفر از قضات هم به من قول داده که رضایت اولیاءدم را خواهد گرفت. دلارا گفته که مادر من بی گناهم.

مادر دلارا گریه کنان گفت: امروز ساعت ۷ صبح دلارا به وی زنگ زد. و گفت مادر من را می خواهند اعدام کنند. من طناب دار را می بینم. مادر من را نجات دهید. می خواهم پدرم صحبت کنم و به پدرش هم گفت که پدر من می خواهم شما را ببینم. تو رو خدا من را نجات دهید. بعد یک نفر گوشی را از دلارا می گیرد و می گوید. ما به راحتی فرزند شما را می کشیم و تو هیچ کاری نمی توانی انجام دهی.

پدر و مادر دلارا قران به دست به زندان می روند. التماس می کنند. فریاد می کشند و می گویند تو رو خدا اجازه دهد تا ما اولیاءدم را ببینیم. به پایشان بیوفتیم. ولی ….

دلارا دارابی را به پای چوبه دار می برند. او راضی نمی شود اعدام شود. هیچ کس پیش او نبود نه مادر نه پدری و نه وکیلی که به خواسته هایش توجه کند. طناب دار را به گردن نحیفش می اندازند. و نمی دانم کدام بی رحمی صندلی را از زیر پایش رها می کند. نمی دانم او کیست .

قاضی جاوید نیا حکم اعدام دلارا را صادر کرد. پس از مدتی دادستان رشت شد. از زمانی که او متصدی این پست گردید. یک نفر در این شهر سنگسار شد و امروز دلارا دارابی جانش از بدنش جدا شد.

روحش شاد

ولی چرا؟

چرا دلارا اینگونه اعدام شد. به یکی از دوستان گفتم که صدام را هم اینگونه اعدام نکردند. چرا؟

چرا داد مظلومیت دلارا به گوش هیچ بنی بشری نرسید.

عده ای می گویند دلارا مقصر است. عده ای می گویند پدرش مقصر است و عده ای می گویند وکلیش؟ من می گویم دستگاه قضایی.

چرا با وجودی که بسیاری از کشورهای دنیا اعدام اطفال زیر ۱۸ سال را منع کرده اند دستگاه قضایی بر اعدام اطفال پافشاری می کند؟

چرا بی اطلاع به پای چوبه دار می برد؟ اعدام رضا حجازی در اصفهان و بهنام زارع در شیراز نیز به همین نحو بود.

مجری حکم می دانست که اگز زمانی برای اجرای حکم تعیین کند. نمی تواند دلارا را اعدام نماید. چون میلیونها انسان از وی حمایت می کردند. و امروز همه ما می دانیم که بی گناهی پای چوبه دار رفت  و ناعادلانه جانش گرفته شد.

دلارا اعدام نشد …. آرام گرفت

….

چه راحت جان می گیریم.

چه راحتی طناب دار را به گردن کودکی می اندازیم.

چه راحت لرزش های بدن نحیفش را احساس می کنیم.

به خدا ظلم است ظلم.

به خدا عدالت این نیست که کودکی کودکی را از وی بگیریم.

به خدا عدالت این نیست که بکشیم آنکه حقش مرگ نیست.

چه کسی می خواهد در روز قیامت پاسخگو باشد.

آیا انصاف است ….

چهارم فروردین سال ۸۵ او را در زندان رشت ملاقات کردم. او چهره ای مظلوم داشت. او قاتل نبود. قسم می خورد که قاتل نیست.

برایم تابلویی نقاشی کرد که عکس پیرمردی در آن بود که ویالن می زد. نمی دانستم که ساز مرگ دلارا را می زند.

باور نمی وشد که کشته شده باشد.

او واقعا بی گناه، مظلوم، آرام، متین، پاک و بی آلایش بود. دختری که حقش مرگ نبود و جانش را گرفتند.

خدایا به فریادمان برس.

خدایا از این همه بی عدالتی به کجا پناه ببریم.

خدایا خدایا خدایا…. چرا ما را اینقدر بی رحم آفریدی چرا چرا… 

Delara Darabi was executed ..

Stop Child Executions sadly regrets to confirm that the Iranian female juvenile Delara Darabi was executed early morning today in the prison yard of the northern city of Rasht, Iran.

Delara Darabi was convicted of a alleged murder when she was 17 years old.

In violation of Iran’s own laws, neither of Delara’s attorney were informed of the execution. Delara was hanged only 11 days after Iran’s judiciary had officially stated that Delara’s execution was postponed for 2 months (http://scenews.blog.com/4837662/)

Delara was the most well known Iranian minor on the death row. She was also an artist and continued her art work in prison.

In his blog Iranian attorney, Mohammad Mostafaei who represents many Iranian juveniles on the death row wrote this morning: “She was not a murderer. I swear she was not” (http://mohegh.blogfa.com/post-68.aspx)

Amnesty International’s Deputy Director of the Middle East and North Africa Programme, Hassiba Hadj Sahraoui stated that “”Amnesty International is outraged at the execution of Delara Darabi, and particularly at the news that her lawyer was not informed about the execution, despite the legal requirement that he should receive 48 hours’ notice…This appears to have been a cynical move on the part of the authorities to avoid domestic and international protests which might have saved Delara Darabi’s life….This indicates that even decisions by the Head of the Judiciary carry no weight and are disregarded in the provinces” .

“Iranian leadership and judiciary must be held responsible for execution of Delara Darabi” said Mahmood Amiry-Moghaddam spokesperson of Iran Human Rights group. (http://www.iranhr.net/spip.php?article1058) ”Lack of strong and sustainable reactions from the world community is one of the main reasons why Iranian authorities continue execution of minors. Iranian authorities have learned that their violations of the human rights lead just to some verbal protests from the world community, without any practical consequences…It is the time that UN and world community show that UN’s conventions are more than just formalities” said Mahmood Amiry-Moghaddam who asks UN and EU to condemn Delara’s execution and put sanctions on the Iranian authorities.”

“As long as the international community and United Nations do not officially and seriously hold the government of the Islamic Republic and individuals within it fully responsible for such obvious crimes against children and humanity and as long as the gross human rights violations in Iran are being ignored by the leaders and governments of the world, the notion of accepting the regime of Iran in to the world’s civil community remains to be an unreal expectation and at best a slap in the face of all Iranians and the humanity. The issue of respect for human rights must be at the forefront and a precondition for all discussions with Iran’s government. As long the Islamic Republic so openly violates its own laws as well as the internationally accepted conventions in the area of human rights, they should not be trusted with any other treaties either”  said David Etebari, co-founder of the Stop Child Executions.

Stop Child Executions strongly condemns the illegal execution of Delara Darabi and demands formation of an independent international tribunal to look in to the case of Delara Darabi and to bring all those responsible for the unjust sentencing and execution of Delara Darabi to international justice.

Along with Amnesty International, SCE ”does not consider her trial to have been fair, as the courts later refused to consider new evidence which the lawyer said would have proved she could not have committed the murder.”

The execution of Delara Darabi brings the number of executions in Iran this year to 140.  Iran has executed at least forty two juvenile offenders since 1990, eight of them in 2008 and one on 21 January 2009, in total disregard of international law, which unequivocally bans the execution of those convicted of crimes committed when under the age of 18.

More to follow…

Iran’s Presidential candidate Karoubi calls for an end to child executions

Karoubi and hardline editor clash over execution of minors

Source: http://televisionwashington.com/floater_article1.aspx?lang=en&t=1&id=10100


Washington, 30 April (WashingtonTV)—Presidential candidate and National Trust Party chairman, Mehdi Karoubi, on Thursday blasted an opinion column published yesterday in Iran’s hardline Kayhan newspaper, which accused him of being a mouthpiece for Israel, after he called for an end to the execution of minors accused of serious crimes, Saham news website reports.

“These are the howls of the new mafia which I hear from the mouth of Kayhan,” Karoubi said in response to Kayhan’s accusation in its Goft-o-Shenoud [gossip] column, that he was repeating “gibberish” put in his mouth by the “foot soldiers of the Zionist regime [Israel].”

In a note published on Monday, Kayhan asked, which minor has been sent to the death squad in our country, causing Mr. Karoubi, “the Sheikh of reforms”, to cry “oh executions”?
In another piece in Kayhan’s opinion column, which many Iranian media analysts believe is written by the paper’s editor, Hossein Shariatmadari, Karoubi is said to be an illiterate person.
Reacting to Kayhan, Saham news – the official news website of the National Trust Party – reports that Karoubi viewed Shariatmadari’s insults as directed toward scholars of Islam and Islamic jurisprudence, who, following the innovative [Persian: ijtihadi = independent interpretation and reasoning based on sacred text scholarly] vision of the imam [Ayatollah Khomeini] and taking into account issues of time and place, have called for commuting [death] sentences] against minors.
First among these Islamic scholars is Ayatollah Mahmoud Hashemi-Shahroudi, Iran’s Judiciary chief, Karroubi said, adding that Shariatmadari “says everyone is illiterate. These are the howls of the new mafia, which I hear from the mouth of Kayhan. Of course, we hope that someday the market of one and all inquisitors will be shut, but of course, according to these people, talk of pardoning convicts is gibberish,” he said.
Sources: Saham news, Kayhan newspaper


© WashingtonTV 2009. All rights reserved.

Steps by parliament towards an end to child executions in Iran?

Source: Deutsche Welle http://www.dw-world.de/dw/article/0,,4207804,00.html


 

The Iranian Parliament’s Special Rapporteur on Legal Rights Amir Hossein Rahimi announced a verdict that “Hudud” crimes and “ghesas” crimes retribution will not carry the death penalty for those who have committed an offence before the age of 18 years.

(to understand more about “Hadd” and “Ghesas” see here: http://74.125.93.132/search?q=cache:I7qE2-ydZYcJ:muslim-canada.org/Islam_myths.htm+hadd+ghesas+crimes&cd=3&hl=en&ct=clnk&gl=ca  )

 

According to a report by Iran’s state sponsored news agency, IRNA, Special Rapporteur Amir Hossein Rahimi said that they are working on a bill written for the commission of the Islamic Penal Code. A portion of the bill deals with the issue of executions of those who have committed an offence before the age of 18. According to this bill, if there is any doubt about the mental capacity and physical capacity of the offender under 18 years, the punishment of execution for Hadd and Ghesas will not be carried out. This bill is being sent for final approval by the Assembly of Experts.

 

“Approval of this bill is an important breakthrough” said Amin Hossein Rahimi, “because currently children (9 year old girls and 15 year old boys) are considered adults under Shari’a law. If they have not reached their 18th birthday and there is doubt about their mental and physical age, they will not be punished with retribution.  Rahimi said this bill is among other things that was produced and brought forward to the  Head of Judiciary Ayatollah Hashemi Shahourdi

 

Attorney and Sociologist Dr. Mohammad Seifzadeh said in an interview with Deutsche Welle “Child Rights have been accepted by Iran, establishing a child below the age of 18 years and therefore not criminally responsible for their actions below that age”.

According to Seifzadeh, “By acknowledging this point of view in the bill, parliament has taken a positive step forward but the law which differentiates punishment between adults and children and the establishment of a juvenile court was approved 49 years ago in Iran (1339). Seifzadeh said he has issues with all Islamic laws and expressed this in a conference before the Center for Human Rights Defenders, whom he is one of the founders.

He believes all Islamic law must be changed to reflect and represent today’s time and standards. He believes that there are many different interpretations of Islamic law by different leaders, philosophers and Islamic lawmakers which proves that the laws must be changed to be in accordance to the present time.

Seifzadeh says that the laws created after the Revolution are generally dubious, weak, aggressive and controversial. He suggests Iran abide by their obligations to international promises and follow in accordance to international treaties which they have signed. Seifzadeh suggests that Iran has no other choice but to change the laws because the regime has gradually understood that executions and other harsh punishments do not reduce crimes.

 

Interviewer: Keivandokht Ghahari

Writer: Farid Vahidi.

Nobel Laureate Shirin Ebadi issued national call to action called “Stop Child Executions”

Source: http://www.iranhumanrights.org/2009/04/dhrcaction/

National Call to Action by The Defenders of Human Rights Center

 

Stop Child Executions

The Defenders of Human Rights Center (DHRC) has issued a national call to action titled: “Stop Child Executions” demanding the end to child and juvenile executions. This national call to action is the third of such nationally focused efforts spearheaded by the Defenders of Human Rights Center and follows the convening of the “Committee to Defend Free, Healthy and Fair Elections” in August 2007 and the “National Council on Peace” in November of 2007 by this human rights NGO. The Defenders of Human Rights Center aims to increase public awareness and due attention among experts to this important issue, with the aim of identifying suggestions and strategies for ending the practice of child executions in Iran. This call to action has been issued while keeping in mind religious teachings in Islam and asks officials within the judiciary, the executive branch and the legislative branch to defend the right to life of children by taking steps to end the punishment of execution for child and juvenile offenders. The national call to action to “Stop Child Execution” will commence activities on the 19th of April, 2009. The text of the National Call to Action to Stop Child Executions is provided below:

Stop Child Executions: A National Call to Action

Every society has the right to defend the rights of its citizens against criminals and in so doing devise an appropriate response. This response should be devised based on the law, which needs to be developed based on a collective wisdom and reasoning.

From long ago, in various societies, the concept of taking responsibility for criminal actions has come to be an accepted norm. However it too is norm that those who commit crimes need to have the mental capacity and mental growth necessary to understand the consequences of their actions. As such those who do not benefit from sufficient mental capacity or who have not reached the age of adulthood and sufficient maturity necessary for such an understanding are not fit to be punished. Given this concept, many countries have signed onto international protocols that seek to protect the right to life of juvenile offenders who are under the age of eighteen. Furthermore, these countries have ensured that individuals under the age of 18 who commit crimes do not receive sentences of execution.

Statistics demonstrate that in the year 2005 only five countries in the world implemented the death penalty for juveniles under the age of eighteen.  These minors have received the death penalty either as children or as teenagers.  Further, the sentences of execution for these juveniles have been=2 0implemented either in their teenage years or these juveniles are awaiting their eighteenth birthday after which their sentence of execution will be implemented.

Unfortunately in the past decade our country, Iran, has been one of the main countries responsible for issuing death sentences to juvenile offender guilty of criminal offenses.

The Defenders of Human Rights Center (DHRC) believes that death sentences for juveniles under 18 years of age not only constitute injustice to the children of this land, but creates a violent and inhuman impression of Iran across the world.  As such, the Defenders of Human Rights Center has issued a national call to “Stop Child Executions.”

It should be noted that the Iranian government is a signatory to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights as well as the Convention on the Rights of the Child. All three of these international agreements stress the need for all countries to end the execution of children under the age of eighteen.

The Defenders of Human Rights Center believes that the execution of minors as a social issue requires legal awareness designed to change the law, the need to adopt preventive and straightforward legal measures supportive of children’s rights as well as cultural, civil and social awareness raising activities designed to increase knowledge among the general public about the negative impact of seeking retributive measures seeking revenge which only work to promote violence. It should be noted that in our religious teachings as well the concepts of forgiveness and pardon have been greatly stressed. We believe that to address crimes we have to address their root causes and we have to identify the most foundational and appropriate strategies for reforming and improving our society.

The Defenders of Human Rights Center requests judiciary officials, officials in the executive branch of the government and the legislature to adopt measures designed to protect the life of children and to immediately end the death penalty for juvenile offenders. As such we ask the following:

A. We ask the legislature to use its first opportunity at adopting legislation to pass supportive legal measures in line with international human rights standards so that juvenile offenders who commit crimes while under the age of 18 no longer receive the death penalty.

B. We request fervently that the representatives of the people in the Parliament adopt legislation which increases the criminal age of responsibility to eighteen years of age and in so doing make a distinction between the concept of criminal responsibility and the age of religious responsibility-which in essence addresses the age of prayer and worship and religious duty. This action is essential because it will allow Iran to meet its international obligations and will end the dichotomous, contradictory and often multiple interpretations with respect to legal age of responsibility as they pertain to national and international laws.

Likewise,

A. We ask the government officials in the executive branch who are responsible for the security and the psychological well-being of society to act as guarantors for the implementation of international conventions to which our country is a signatory and obligated.  We ask government officials to actively follow through with respect to their responsibilities and obligations to protect the life of the children of our society and to protect the right to life of juveniles offenders who have received the death penalty.

B. The violent actions of children and teenagers, which at times end in murder, and for which a sentence of retribution (Qesas or an eye for an eye) is implemented, have their roots in cultural and behavioral training.  As such, we expect policy makers of our country to work with cultural institutions such as educational institutions and schools in an effort to prevent murder and violence and to teach about human rights.

And finally, of the Judicial officials who are charged with preparing and drafting procedural legislation for juvenile courts and juvenile offenders we ask that you:

A. Courageously and in a straightforward manner change the criminal age of responsibility to eighteen in the legislation for juvenile courts and juvenile offenders and like many progressive Islamic countries, end all forms of the death penalty for children under the age of eighteen.

B. Provide appropriate and serious oversight for adjudication in juvenile cases  including the identification of competent courts for juveniles, provisions of and assurance for the right to legal representation for juvenile offenders and the right of incarcerated juveniles to maintain contact with family members, so that all steps designed to reform and train children who have fallen victim to social harms and who have committed crimes can be taken while still protecting their rights.

0A

The Call to End Child Executions has been prepared by the Defenders of Human Rights Center and has been presented to government officials and published for consideration by the public. As such, we ask that all experts in the field of Islamic jurisprudence, law as well as social and cultural activists to assist us in the National Call to End Child Executions.

The Defenders of Human Rights Center

19 April 2009