Tag Archives: Nazanin Fatehi

Nazanin Fatehi's blood money appeal was denied

Nazanin Fatehi’s appeal and objection to the payment of blood money which was ordered by the panel of the judges last year was denied without any chance to present the case or any explanations by the judiciary of the Islamic regime in Iran.

Following a year long international world wide campaign, initiated by Nazanin Afshin-Jam, Nazanin Fatehi the Iranian girl who was sentenced to death at the age of 17 for killing a man who was attempting to rape her and her 16 year old niece, was released on bail in February 2007.


The campaign gained much worldwide attention and support last year and more than 350,000 signatures were obtained which lead to a retrial order by Ayatollah Shahrudi, head of Iran’s judiciary. Although the judges eventually found Nazanin not guilty of charges, they stated that an excessive force was used by Nazanin at the time that she was defending herself against the attempted rape; therefore she was ordered to pay retribution to the family of the rapist.

Shadi Sadr and Mohammad Mostafaei, the attorneys for Nazanin Fatehi appealed the order for payment of blood money and asked for placement of bail until the determination of the appeal. Subsequently Nazanin Afshin Jam with the help of Nazanin Campaign supporters and volunteers started a world wide fund raising campaign which raised the bail money required and eventually Nazanin Fatehi was released.


However SCE Campaign was informed that the appeal against payment of blood money due to the use of excessive force was denied and therefore the bail funds will be used by the Iranian authorities towards the payment of the blood money.

Stop Child Executions Campaign condemns the concept of retribution or blood money as a ransom for executions and also questions the legal validity of the use of excessive force by a 17 year old girl who was defending herself and her niece while outnumbered by three men during a forced rape attempt!


Nazanin Fatehi has been continuing her school while living with her family in a different residence which was arranged for them.

Nazanin Fatehi 's nightmares

 

 

 

 

 

 

 

 

 .

 

 

Photo Courtesy: Nader Davoodi

In a phone conversation with Nazanin Afshin-Jam,  Nazanin Fatehi said that she is now attending school. Nazanin only has elementary school education because she had to help her parents with raising other children while they both had to work to support.

Nazanin said that her grandmother and that her mother is also suffering from much swellings on her feet and ankles. Her father was also hospitalized for a surgery, therefore they have much financial hardship. 

Nazanin said that she has been having hard time sleeping at nights and she often stays awake the whole night because she feels frightened, as if someone is following her.

Obviously an attempted rape which resulted in murder followed by 3 years of imprisonment while waiting to be executed at a young age has had substantial emotional toll on Nazanin.

For more information about Nazanin Fatehi visit: https://www.stopchildexecutions.com/Freed_Prisoners.aspx

SCE Campaign in UK's Lifescape magazine

“Children on DEATH ROW” is the title of an article by Rajasana Otiende of UK’s Lifescape magazine where she shared her experience and involvement with the myspace campaign to save Nazanin Fatehi. 

The 4 page article of the August issue of the magazine also addresses other children facing execution in Iran . The article also features the past inteview of Nazanin Afshin-Jam with Nazanin Fatehi while she was in prison as well as a recent interview with David Etebari, the campaign coordinator of Stop Child Executions Campaign:

https://www.stopchildexecutions.com/Files/lifesacpe.pdf

 

Les deux Nazanine (Two Nazanins) French TV new Documentary

  

After Nazanin Fatehi’s freedom , French Television contacted Nazanin Afshin-Jam about their desire to make a documentary about the two Nazanin’s. Necessary arrangements were made for French TV to meet Nazanin Fatehi in Iran and both Nazanin’s were interviewed in Iran and Paris. After few months of production the documentary was shown on French Television today.

In the film Nazanin Fatehi for the first time goes back to the park were the attempted rape took place. For the first time Nazanin Fatehi also reveals the suicide attempt marks on her arm, from the time period that she was awaiting execution in prison. She explains how the prison officials even encouraged her to commit suicide by telling her that they prefer to see her dead.

Film also shows few emotional moments between the two Nazanin. 

The documentary is in French language. The film starts after a short commercial by French TV:

http://videos.tf1.fr/video/emissions/septahuit/0,,3450607,00-sept-huit-deux-nazanine-.html 

 

Nazanin's attorney files objection to payment of blood money retribution

In an interview with ISNA (Iranian Student News Agency), Mohammad Mostafei the attorney for Nazanin Fatehi stated that: “According to Islamic (Republic of Iran’s) Penal law 629-B, when a person who is subjected to an attempted rape commits a murder, s/he should not be penalized. Nazanin was arrested in 2005 and the year after she was sentenced to death and after appeal…the sentence was vacated… my client was ordered to pay blood money retribution.”
He added: “If Nazanin was not sentenced to death; first she did not have to spend more than 2 years in prison and secondly she was not required to pay blood money.
Considering that my client was defending her own her niece’s chastity , Nazanin’s other attorney (Shadi Sadr) and I believe that she does not deserve any punishments including paying blood money, therefore I have filed an objection to that part of the verdict within the time allowed,” said Mostafaei.
In January 2007, the 5 appeal judges unanimously agreed that Nazanin Fatehi had acted in self defense, however instead of assuming responsibility for the unjust imprisonment of a 17 year old for 3 years under the emotional torture of a death sentence , they still demanded that Nazanin pays blood money to the family of the murdered rapist.
Effective March 20, 2007 Iran’s judiciary has increased the payment of Blood money.

#2043 signer on Stop Child Executions Petition : Nazanin Fatehi !

During a phone conversation, Nazanin Fatehi asked Nazanin Afshin-Jam to add her name to the Stop Child Executions petition.

Nazanin Fatehi was sentenced to death for murder of a man in self defense who attempted to rape her and her 15 year old niece. After an international campaign initiated by Nazanin Afshin-Jam and support of more than 350,000 people worldwide and much international pressure,  and after spending two grueling years in prison Nazanin Fatehi was spared from her original death sentence and released from prison on Janurary 31st 2007. 

2043. NAZANIN FATEHI IRAN I was a minor on death row

 

Beneath the Veil

By : Hazel Sawyer (UK)
Few months ago Delara Darabi became a part of my life as did Nazanin Fatehi. They impacted my life so much that my studies started to slip. I was so anxious to somehow help save these young women and the other children on death row. I then asked for permission to use the information within both Nazanin and Delara s myspace sites to make an artwork. I used some of the quotes that people had written to Delara as an inspirations for my art. I have made this for my studies in college, but I have created it mainly to help gain Delara’s freedom and to share it with those who may not know about her and other children on the death row.
When I display my work I intend to have a petition for people’s signatures and comments to to be added to Delara s and Stop Child Executions petitions and to be displayed on both websites.

Dedicated to Delara Darabi and the other minors on death row

Delara is an artist among other gifted talents. Being an artist myself, I felt very deeply for Delara I chose to do my instillation in mainly black and white, taking the colours away as they had done to Delara from the age of 17 when she was imprisoned , knowing it must be a cruel painful experience in itself

The head bearing scars from the casting choosing to leave them rather than remove them, to signify the scars these children suffer both emotionally and physically.
I cast a rope (in iron) in the shape of a noose to represent the children being hung. Which is held in one hand.
I cast a rib (in iron) to represents the belief that woman came from a man s rib, not from his feet to be walked on, not from his head to be superior, but from the side to be equal, under the arm to be protected, and next to the heart to be loved. (quote)
The circular weight around the neck (in plaster) is a cast taken from crepe paper, its texture effect is a symbol of ripples that effect all of us, it has a similarity to a millstone, which have in some places become symbols dedicated to victims of abuse, as a tribute to their survival. Government of Iran has signed international laws stating no executions under the age of 18 and the people of Iran also believe in those laws but the government is not abiding by them.
The black cloth reflects the darkness in these children’s lives and the things that are being covered up and kept quite.
The olive branch that the figure is resting its head against is not only a symbol of peace, but also to give them strength.
The stone s placed around the circle have blood upon them; represent the suffering of women who have been stones to death because of their lack of human rights.
 
I cast a plaque with chain link upon it (in iron) . This is a welded chain which is held in the hands. The plaque is fixed heavily to the floor which represents the weight of the chains that have controlled these women and children, which must be broken to give back the colours to Delara. That is why the hands I cast (in plaster) are in colour.
We can help Delara get her colours back as long as we do not turn our back s as so many do. In the background there will be cast s of 3 human back s these will represent the many who have turned their backs and how easy it is for us to just to turn away, it is up to us to stand and view my art think of what it is trying to tell you.
You then have the choice to turn your back and walk away or think about the art and try to help by signing the petition and doing anything else possible to stop these women and children losing their lives.
Please sign the petitions to Save Delara Darabi and to stop the execution of Children in Iran
Hazel Sawyer

Updates about Delara, Reza and Nazanin

Nazanin Afshin-Jam talked to Nazanin Fatehi and her attorney today and here are some updates: 

Delara Darabi:  She was hit by inmate(s) as she is very fragile and at times some inmates try to bully her. 

Mr. Mostafaei, the attorney for Nazanin Fatehi and Reza Ali-Nejad also now is helping Delara’s attorney with Delara’s case.

Reza Alinejad:  Mr. Mostafei is still waiting for verification of receipt of file by Ayatollah Shahroudi, the head of judiciary before he can file the appeal formally.

Nazanin Fatehi: Nazanin is in good spirit and now that the Persian new year holidays are over, anticipate stating school soon. Mr. Mostafaei is still waiting for the official order of payment of Dieh “blood money” before he can file for an appeal. It is anticipated that the amount requested to be based on the new figure of apx. $35,000 USD.

The 'God given law' of child executions in Iran…numbers 'unnoticeable' !

Today , Marjan Laghaii the female reporter of Etemaad Newspaper had an interesting interview with Mohammad Ali Ebrahim-Khani the head of Penal Appeal courts in Tehran. Here are parts of this interview:
Q. WILL THERE BE ANY CHANGES (TO STONING LAW): 
– As much as possible judges try to use substitute punishments ……but some penalties are fundamental in Islamic sharia laws and the lawmakers are not authorized to change them. But in some other cases they are allowed to make changes in the law. We must distinguish the limits of these two issues. Some of the written laws are God given rights and if you don’t see changes in some laws that is because the the limits of (Islamic) laws are not secular.
Q. ACCORDING TO CONVENTION ON THE RIGHTS OF THE CHILD (CRC) WE ARE NOT ALLOWED TO EXECUTE PERSONS UNDER 18 YEARS OF AGE AS IRAN HAS ACCEPTED THE CONVENTION, BUT THE JUDICIARY SYSTEM SOLUTION HAS BEEN TO WAIT UNTIL THEY ARE 18 AND THEN EXECUTE THEM, IS THIS THE RIGHT WAY?
– The truth is that we accepted the convetion but not without condition and only if they meet our own Sharia and legal laws…… We should distinguish between the growth and intelligence because growth as a learned behavior is the outcome of the social relations but intelligence is given to human by God and our growth is limited by that many of us have witnessed that a toddler can distinguish between good an bad. What we consider in gauging the penalties is not the growth but level of intelligence. If a person can distinguish between good an bad behavior, how can so/he allow him/her self to take a human life? When a 2 year old can make that distinction why can’t a 15 year old?
Q. BUT HOW CAN WE EXPECT A 15 YEAR OLD TO CONTROL HIS/HER ANGER THE SAME AS A MIDDLE-AGE?
– I didn’t say that a 15 year old to think like an adult, I said to think like a 2 year old. By the way statistics show that the number our under 18 criminals is very low and not even noticeable.
Q. SO WHAT IS THE SOLUTION? TO EXECUTE THEM AFTER THEY ARE 18? AT 18 DO THEY HAVE THE SAME INTELLIGENCE AS 3 YEAR AGO?
– We can not definitely say that every person is better than his/her past, for example many had best deeds and although they were expected to become better they descended in character.
Q. EITHER WAY, DON’T YOU THINK WITH RESPECT TO CHILD OFFENDERS WE SHOULD BE MORE COMPASSIONATE?
- What do you think the consequence of such approach would be? For example if we accept not executing those under 18 what is the guarantee that they do not want to force us not to enforce execution for those older than that?
Q- OF COURSE A GUILTY PARTY MUST BE PUNISHED BUT Don’t YOU THINK THAT THEIR CONDITION SHOULD ALSO BE CONSIDERED?
– I am not saying that the written laws can not be changed, but in many subjects the popular wisdom is not applicable. There have been many issues that we thought we were right but then we realized our mistakes. Do you expect us that our national security to be decided by citizens. What is the guarantee that some violators of law would not jeopardize our national security? Don’t you expect us to deal with such people?
Q. BUT A MURDERED WITH PREMEDITATED PLANS IS DIFFERENT THAN A YOUTH WHO DURING A FIGHT UNINTENTIONALLY KILLS SOMEONE.
-Our judicial colleagues study the circumstances of the crime. For example in the case of Nazanin Fatehi, how was she found not guilty despite the fact that initially it was considered a preempted murder. But the other court recognized that the murder was unintentional.
Q. WHY WAS THE DECISIONS ON THE SAME CASE IN ONE COURT TO ANOTHER SO DIFFERENT? FOR EXAMPLE ONE JUDGE GAVE THE EXECUTION ORDER OF NAZANIN FATEHI AND ANOTHER GAVE A NOT GUILTY VERDICT?
– The difference is that in our judicial system, a judge must come to an undoubted decision and until then can not give decision, but in international courts even when doubtful they issue the verdict. Meaning that our judges must achieve 100% and that is why they have say not guilty is our basis. ….meaning the first judged reached the 100% and the second one who issued not guilty arrived at 99%……

UN: The execution of juveniles in Iran is completely unacceptable

Sources: Amnesty International, United Nations 

28 March 2007 – The Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions issued the following statement today:

“The execution of juveniles in Iran is completely unacceptable”, says Philip Alston, the United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions. “The Iranian Government cannot continue to ignore its obligations under international law. In particular, in 1994 Iran ratified the Convention on the Rights of the Child and made a clear and unambiguous legal commitment not to impose the death penalty for offences committed by persons less than eighteen years old.”

“It is time for Iran to demonstrate that its commitment to international law involves concrete action, not just empty words,” says Alston. “The Government of Iran must immediately commute all death sentences imposed for crimes individuals committed before the age of 18.”

A report released by Alston yesterday referred to the cases of 15 individuals on which he had acted over the past two years. These included nine boys and six girls who had been sentenced to death in Iran for crimes committed when they were under 18. According to the available information four of these juvenile offenders have been executed and two acquitted. Five other death sentences are “on hold” and one is under review. The status of the remaining three cases is unclear.

Alston presented his findings to the UN Human Rights Council on Tuesday. This report contains a comprehensive account of communications sent to Iranian Governments up to 1 December 2006, along with replies received up to the end of January 2007. In it’s communique about Naznin Fatehi last year the Iranian Goverrnent had falsely replied to UN that : “Ms. Nazanin was born in 1986…when she was over 19 years of age. According to the records of the court, the crime has been committed based on personal .reasons and not in self defense as it has been reported to the Special Rapporteurs.”

The report also clarifies some of the UN communique in Fenruary of 2006 about Delara Darabi. It also shows the urgent UN appeal about Rostam Tajok who was 16 at the time of alleged crime. However Islamic Republic of Iran still proceeded with his execution on December 10, 2006.


Philip Alston was appointed as Special Rapporteur on extrajudicial, summary or arbitrary executions by the United Nations Commission on Human Rights on 13 July 2004. In 2006, the Commission on Human Rights was replaced by the Human Rights Council, and Alston now reports to the Council. For further information on the Special Rapporteur on extrajudicial, summary or arbitrary executions, see:

http://www.ohchr.org/english/issues/executions/ , http://www.extrajudicialexecutions.org/ The report that Alston presented to the Human Rights Council on March 27 is UN Doc. No. A/HRC/4/20, and communications with governments are included in A/HRC/4/20/Add.1.

A word of thanks to UN offices of Mr. Philp Aliston for their efforts and comments.

PARTS OF THE REPORT:

Islamic Republic of Iran:

Communications Sent: 8 (7 UA, 1 AL)

Government Responses: 2 (2 UA)

Number and Category of Individuals Concerned: 38 males (2 minors, 1

foreign national), 6 females (1 minor)

Alleged Violations of the Right to Life upon which the Special Rapporteur

Intervened: Death penalty safeguards (8)

Character of Replies Received:

No response (6)

Allegations rejected without adequate substantiation (1)

Cooperative but incomplete response (1)

 

Islamic Republic of Iran: Death Sentence of Rostam Tajik

Violation alleged: Non-respect of international standards relating to the imposition of capital

punishment

Subject(s) of appeal: 1 male (juvenile offender, foreign national)

Character of reply: No response

Observations of the Special Rapporteur

The Special Rapporteur regrets that the Government of the Islamic Republic of Iran has failed to cooperate with the mandate that he has been given by the General Assembly and the Commission on Human Rights.

Urgent appeal dated 8 December 2005

I would like to bring to the attention of Your Excellency’s Government the situation of Rostam Tajik, a 20-year-old Afghan national. He is scheduled for execution on 10 December 2005 for the May 2001 murder of Ms. Nafiseh Rafi’i, a crime he allegedly committed when he was less than 18 years old. According to the information I have received, Rostom Tajik was an apprentice with Ms. Rafi’i’s husband. In May 2001, he reportedly went into the couple’s house with the intention to burgle it. However, once inside, he killed Nafiseh Rafi’i and cut the throat of her 11-year-old daughter,

whose screams alerted the neighbours. Rostam Tajik fled the scene. The daughter was taken to the hospital for treatment where her life was saved. Rostam Tajik was later arrested in Qazvin, west of Tehran. He was sentenced to qisas (retribution specified by the victim’s family) by Branch 9 of the General Court of Esfahan for the murder of Ms. Rafi’i. The sentence was reportedly upheld by the Supreme Court. .If the information I have received is accurate, there would be grounds for serious concerns. As Your Excellency is aware of, this is not the first case of juvenile offender being sentenced to death and/or facing imminent execution I have received so far this year. Indeed, you will recall

that I had addressed this issue in previous correspondence with the Government of Your

Excellency, some of which you have provided partial responses to (see letter dated 9 February 2005, 21 April 2005, and joint communication sent on 7 August 2005 with the Chairperson of the Committee on the Rights of the Child). While I do not wish to prejudge the accuracy of these allegations, I would like to draw your attention once again to the fact that the execution of Rostom Tajik and any further executions of juvenile offenders are incompatible with the international legal obligations of the Islamic

Republic of Iran under various instruments which I have been mandated to bring to the attention of Governments. The right to life of persons below eighteen years of age and the obligation of States to guarantee the enjoyment of this right to the maximum extent possible are both specifically expressed in Article 6 of the Convention on the Rights of the Child. Besides, Article 37(a) expressly provides that capital punishment shall not be imposed for offences committed by persons below eighteen years of age. In addition, Article 6(5) of the International Covenant on Civil and Political Rights provides that the death penalty shall not be imposed for crimes committed by persons below eighteen years of age. In this connection, I would also remind your Excellency of the discussions of this issue that took place between your Government and the Committee on the Rights of the Child in January 2005, in which the delegation stated that all executions of persons who had committed crimes under the age of 18 had been halted. This was reiterated in a note verbale from the Permanent Mission of the Islamic Republic of Iran on 8 March 2005 to the Office of the High Commissioner for Human Rights in which it was stated:

“In recent years the enactment of the death penalty for individuals aged under18 has

been halted and there has been no instance of such punishments for the category of

youth. The legal ban on under-aged capital punishment has been incorporated into the

draft Bill on Juvenile Courts, which is at present before parliament for ratification.”

I would respectfully urge the Government of the Islamic Republic of Iran to take all necessary measures to comply with international human rights law and to prevent executions which are inconsistent with accepted standards of international human rights law. These measures were, in my view, accurately reflected in the recommendations issued by the United Nations Committee on the Rights of the Child, which called on Iran in January 2005 to “immediately suspend the execution of all death penalties imposed on persons for having committed a crime before the age of 18, to take the appropriate legal measures to convert them to penalties in conformity with the provisions of the Convention and to abolish the death penalty as a sentence imposed on persons for having committed crimes before the age of 18, as required by article 37 of the Convention.” (See CRC/C/15/Add. 254, 28 January 2005, at para. 30). Finally, I would respectfully reiterate my requests for a comprehensive and detailed indication of the details of individuals who have been sentenced to death for crimes committed when they were less than eighteen years of age, even if such sentences have not yet been confirmed by the

Supreme Court. These requests were contained in the above-mentioned previous

communications sent to the Government of Your Excellency, in relation to the situation of at least 30 individuals under the age of 18 who were reportedly sentenced to death and were held in juvenile detention centres in Tehran and Raja’I Shahr. It is regrettable that no response has yet been received.

Islamic Republic of Iran: Death Sentence of Ms. Nazanin

Violation alleged: Non-respect of international standards relating to the imposition of capital punishment

Subject(s) of appeal: 1 female (juvenile offender)

Character of reply: Allegations rejected but without adequate substantiation

Observations of the Special Rapporteur

The Special Rapporteur appreciates the information provided by the Government of the Islamic Republic of Iran. However, the SR would reiterate that, in light of the importance attached to the issue and the need for accuracy and certainty, he would be most grateful if the Government could provide a copy of Ms. Nazanin’s birth certificate, passport or other official document confirming that she was over 18 at the time of the crime.

Urgent appeal dated 10 February 2006 sent with the Special Rapporteur on the question of torture and Special Rapporteur on violence against women.

We would like to draw the attention of your Government to information we have received

regarding Ms. Nazanin, aged 18, who has reportedly been sentenced to death for a homicide committed when she was seventeen. According to the information we have received, on 3 January 2006, Nazanin was sentenced to death for murder by a criminal court, after she reportedly admitted stabbing to death one of three men who attempted to rape her and her 16-year-old niece in a park in Karaj in March 2005. She was seventeen at the time. Her sentence is subject to review by the Court of Appeal, and if upheld, to confirmation by the Supreme Court. In this connection, we would like to draw your attention to the positive developments in a similarly situated case recently raised with your Excellency’s Government by the Special Rapporteur on extrajudicial, summary or arbitrary executions. In note no. 331-2/3459, dated 17 January 2006, your Excellency’s Government informs the Special Rapporteur that “according to information received from the Judiciary of the Islamic Republic of Iran legal counsels of Ms. Darabi appealed to the Supreme Court and raised the issue of her age at the time of the crime. On this basis the Supreme Court has overturned the sentence and has referred it to the Juvenile Legal

Center for due consideration.We wish to welcome the steps taken in Ms. Darabi’s case. We urge your Excellency’s Government to ensure on its own motion that Ms. Nazanin’s age at the time of the offence is taken into account in appeals proceedings and the death sentence overturned, whether or not her lawyer raises the issue. It would appear that only this course of action will ensure compliance of your Government with its international human rights obligations.

Response of the Government of Islamic Republic of Iran dated 22 February 2006 to an urgent appeal dated 10 February 2006 With reference to the letter dated 10 February 2006 of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Execution, the Special Rapporteur on the Question of Torture and the Special Rapporteur on Violence against Women, Its Causes and Consequences, the Islamic Republic of Iran has the honour to inform the Special Rapportuers that according to information received from the Judiciary of the Islamic Republic of Iran, Ms. Nazanin was born in 1986. She, along with her niece, has committed murder about 9 months ago, when she was over 19 years of age. According to the records of the court, the crime has been committed based on personal .reasons and not in self defense as it has been reported to the Special Rapporteurs.

She has gone through due legal proceeding and the Criminal Court of the province bas reached its verdict, but the sentence must be presented to the Supreme Court and upon confirmation of the latter, it must be signed by the Head of the Judiciary. Therefore the case is still open and under consideration.

Follow-up letter dated 17 march 2006 to the urgent appeal dated 10 February 2006

I wish to refer to you letter dated 22 February 2006 in response to my communication of 10 February relating to the case of ms. Nazanin in which you mentioned that this person was born in 1986 and that “she has committed murder about 9 months ago, when she was over 19 years of age”. I greatly appreciate the information which your Excellency’s Government has supplied in this particular case. Because of the importance attached to the issue and the need to accuracy and certainty, I would be most grateful if you could provide me with a copy of her birth certificate, passport or other official document confirming that she was over 18 at the time of the crime.

Additional response of the Government of Islamic Republic of Iran dated 16 May 2006 to an urgent appeal dated 22 Feburary 2006 With reference to its note verbale No. 3865 dated 22 February 2006, the Islamic Republic of Iran has the honour to inform the Special Rapporteurs that the court has ruled out self defense and sentenced Ms. Nazanin to retaliation. The sentence has been referred to the Supreme Court for final decision. Should the Supreme Court endorse the verdict, the case will be referred to an

ad hoc commission of reconciliation to acquire the consent of the victim’s heirs to commute the verdict to financial compensation. This is a lengthy process; therefore the legal process is not yet completed and the verdict stays for the time being.

 

Islamic Republic of Iran: Death Sentences of Khaled Hardani, Shahram Pour Mansouri, and Farhang Pour Mansouri

Violation alleged: Non-respect of international standards relating to the imposition of capital punishment

Subject(s) of appeal: 3 males (1 juvenile offender)

Character of reply: No response

Observations of the Special Rapporteur

The Special Rapporteur regrets that the Government of the Islamic Republic of Iran has failed to cooperate with the mandate that he has been given by the General Assembly and the Commission on Human Rights.

Urgent appeal dated 13 March 2006

I would like to draw the attention of your Government to information I have received regarding Khaled Hardani and his two brothers-in-law Shahram and Farhang Pour Mansouri who have been sentenced to death for their attempt in hijacking an aircraft in January 2001. Reports indicate that at the time of hijacking, Shahram Pour Mansouri was aged 17. According to the information received, Khaled Hardani was one of 11 members of an extended family who attempted to commandeer a scheduled flight between the southern Iranian cities of Ahvaz and Bandar Abbas, and force it to fly to Dubai, in the United Arab Emirates. Security guards already on board ended the hijack attempt by shooting Khaled Hardani while the plane was still on the runway at Ahvaz. Khaled Hardani had persuaded Shahram and Farhang Pourmansouri’s to board the plane without telling them his plans, and they reportedly only intervened to help him as the security guards opened fire. The three men were sentenced to death on charges of “acts against national security” (eqdam ‘aleyhe amniyat) and Moharebeh, or enmity with God, rather than charges relating specifically to hijacking an aircraft. The death sentences have been upheld by the Supreme Court, while the Amnesty and Clemency Commission (Komisyon-e ‘Afv va Bakhshoudegi) has rejected an application for a pardon from their lawyer.

The Head of the Judiciary ordered the executions of all three men to be stayed because of

Shahram Pour Mansouri’s age. In this context, I urge your Excellency’s Government to ensure that because of his age at the time of the offence the death sentence is commuted in conformity with the relevant international human rights obligations undertaken by your Government. The execution of a person for a crime committed while a juvenile would clearly violate the terms of both the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child. It is my responsibility under the mandate provided to me by the Commission on Human Rights and reinforced by the appropriate resolutions of the General Assembly, to seek to clarify all such cases brought to my attention. Since I am expected to report on these cases to the Commission, I

would be grateful for your cooperation and your observations. I would appreciate a response on these matters before any irreversible steps are taken in relation to the fate of the accused individuals. I undertake to ensure that your Government’s response is accurately reflected in the reports I will submit to the Commission on Human Rights for its consideration.