Hossein
Haghi is facing imminent execution for a murder committed when he was a
16-year-old boy. His case has been sent to the Office for the
Implementation of Sentences in Tehran, which will set a date for his
execution.
Hossein
Haghi’s death sentence was approved by Branch 27 of the Supreme Court
and during the last week of August 2009, was passed to the Office for
the Implementation of Sentences, the body responsible for overseeing
executions. Only the Head of the Judiciary can now intervene to stop
his execution unless the victim’s entire family accept payment of
diyeh, or blood money.
On
12 August 2003, Hossein Haghi, then aged 16, and his friend intervened
to stop a fight between a friend of theirs and another boy, Mehdi
Khalili. According to his testimony, Hossein Haghi was held from
behind, and Mehdi Khalili started hitting him. Hossein Haghi said he
was then able to free his hands, and retrieved a knife from his pocket
to defend himself. Mehdi Khalili was killed by a knife wound to the
chest. Upon his arrest, Hossein Haghi admitted to holding a knife and
striking Mehdi Khalili to scare him away. However during his trial, he
denied stabbing Mehdi Khalili to death. On 8 February 2004 he was
sentenced to qesas (retribution) by Branch 74 of the Criminal Court.
Based on his initial confessions he was found guilty of premeditated
murder. On 25 June 2004, the Supreme Court upheld his sentence. Hossein
Haghi’s defence lawyer lodged a petition demanding a review of the
case. Though the petition was rejected, the case was re-examined, and
was referred to Branch 33 of the Supreme Court by the Head of the
Judiciary. The Supreme Court upheld the verdict of qesas and sent it to
the Head of the Judiciary to be approved. The Head of the Judiciary
quashed the verdict in September 2008 and sent the case for retrial to
Branch 71 of the Tehran Criminal Court on the same charge of murder. He
was again sentenced to death.
PLEASE WRITE IMMEDIATELY in Persian, English, French, Arabic or your own language:
* Expressing concern that Hossein Haghi is at risk of execution for a crime committed when he was under 18;
* calling on the Iranian authorities to commute his death sentence;
*
reminding the authorities that Iran is a state party to the
International Covenant on Civil and Political Rights (ICCPR) and the
Convention on the Rights of the Child (CRC), both of which prohibit the
use of the death penalty against people convicted of crimes committed
when they were under 18.
PLEASE SEND APPEALS TO:
Head of the Judiciary:
Ayatollah Sadeqh Larijani
Howzeh Riyasat-e Qoveh Qazaiyeh (Office of the Head of the Judiciary)
Pasteur St., Vali Asr Ave., south of Serah-e Jomhouri,
Tehran 1316814737,
Islamic Republic of Iran
Email: Via website: http://www.dadiran.ir/tabid/81/Default.aspx
First starred box: your given name; second starred box: your family name;
third: your email address
Salutation: Your Excellency
COPIES TO:
Director, Human Rights Headquarters of IranMohammad Javad Larijani
Howzeh Riassat-e Ghoveh Ghazaiyeh
Pasteur St, Vali Asr Ave., south of Serah-e Jomhuri,
Tehran 1316814737,
Islamic Republic of Iran
Fax 01198 21 3390 4986 (please keep trying)
Email:
fsharafi@bia-judiciary.ir or
int_aff@judiciary.ir (In the subject line: FAO
Mohammad Javad Larijani)
Salutation: Dear Mr Larijani
Mr Bahram Ghasemi
Chargé d’Affaires, Embassy for the Islamic Republic of Iran
245 Metcalfe Street
Ottawa, Ontario K2P 2K2
Fax: (613) 232-5712
ADDITIONAL INFORMATION
Article
206(b) of Iran’s Criminal Code states: “Murder is classed as
premeditated in cases where the murderer intentionally makes an action
which is inherently lethal, even if [the murderer] does not intend to
kill the person.”
Iran has executed at least 44 alleged juvenile offenders since 1990, eight of them in 2008 and at least three in 2009.
The
execution of juvenile offenders is prohibited under international law,
as stated in Article 6(5) of the International Covenant on Civil and
Political Rights (ICCPR) and the Convention on the Rights of the Child
(CRC). Iran is a state party to both treaties and so has undertaken not
to execute anyone for crimes committed when they were under 18.
In
Iran a person convicted of murder has no right to seek pardon or
commutation from the state, in violation of Article 6(4) of the ICCPR.
The family of a murder victim have the right either to insist on
execution, or to pardon the killer and receive financial compensation
(diyeh).
Source:
UA 234/09
AI Index: MDE 13/095/2009
03 September 2009
IRAN: JUVENILE OFFENDER FACES EXECUTION
Urgent Action Office Amnesty International Canada
1992 Yonge St, 3rd floor Toronto, Ontario M4S 1Z7
(416) 363 9933 ext 325 / Fax (416) 363 3103 / www.amnesty.ca/urgentaction