http://www.ihrv.org/inf/?p=2378

Zahra Jafarzadeh

Behnam Zaare was born in May of 1989 to a poor farming family in a village in the vicinity of the city of Shiraz.  When Behnam was 16 years old, he killed his playmate over a childish argument and in his testimony he said that he had only intended to strike his friend’s arm with a machete, but ended up hitting the victim’s neck when he made a sudden move.  Mr. Zaare’s court proceedings were held in rapid succession and he was finally executed on August 26, 2008.

This is just part of the tragic destinies of individuals like Behnam Zarre and Reza Hejazi, who committed murders in similar situations, although their childish decisionmaking and incapacity to control their momentary anger were the true culprits.  Aside from the methods of the killings, the conditions and the timeframes of the incidents, the real point of interest is in the procedures used in dealing with these convicts who, due to their ages, were classified as minors.  In most of these cases, underage convicts are sentenced to death and usually are held in prison until they reach the age of 18.  During this time, the convicts can either gain their freedom, if their cases are dropped by the Appeals Court decision, or through clemency granted by the victim’s family members.  However, a review many such cases points to a sad reality, which places Iran in a more precarious position among countries which are signatories to the Child Rights Convention.  The debate on the Convention on Child Rights started in the Islamic Republic parliament in 1993, and the majority of parliament members approved the contents, but when the approved bill reached the Guardian Council, the Council members only approved the bill conditionally.  Nevertheless, over the years, a number of cases have been witnessed in which convicts were subjected to ghesas sentences (punishment equivalent to the crime) where death was involved.

Article 37 in the Convention on Child Rights indicates that “Member countries must guarantee that capital punishment or life sentencing without a chance for parole will not be exercised on convicts below the age of 18”.  According to this article and its contents, Ghesas sentencing where death is involved must not be issued, for example against a 16 year-old child.  In the case of capital punishment against convicts below the age of 18, the contradiction lies in the religious laws, which have a different interpretation of when an individual reaches the age of maturity – regardless, the judiciary establishment in the country undermines and disregards this important and fundamental factor and continues to recognize a legal majority age for girls of 9 years of age and for boys at 15 years (based on the lunar calendar).

Violations in Spirit of Signing Two Agreements

Iran is a signatory to the Covenant of Civil and Political Rights and the Convention on Child Rights.  Article 6 of the Covenant indicates that “Capital punishment must not be delivered in cases where the crime occurred at an age below 18”, and article 37 of the Convention says: “Neither capital punishment nor lifetime sentencing without a chance for parole shall be delivered against criminals if their crimes were committed at an age under 18”.  Accordingly, Iran is obligated to follow the contents of these two agreements and report periodically on steps it has undertaken to stay compliant.

Iran became a signatory of the Covenant of Civil and Political Rights in 1975, without any reservation.  At the time, none of the signatory countries made any amendment to the contents of the agreement, while during approval of the Convention on Child Rights in 1994, Iran stated: “Iran will reserve the right not to abide with any article of the agreement which contradict Islamic rules and present international laws”.

Iran Has Highest Ranking in Execution of Convicts below the Age of 18

An interesting point in the international reports surrounding the execution of convicts who committed murder at an age below 18 is that if only five countries in the world end the execution of individuals who committed a crime when they were considered minors, then article 37 of the Convention would be fulfilled and we would not see any executions of youths below the age of 18.  The five countries that put children below 18 on trial are Iran, Saudi Arabia, Sudan, Pakistan and Yemen, and if the children have committed a crime that carries capital punishment for adults, the same punishment is applied against the youth.

Awaiting Death

Ghesas sentences against children undermine legality and present human rights issues, and indifference is shown by judges in issuing Ghesas sentences against children committing murder at ages below 18.  According to information made available by a number of legal experts, at the present time Amir Amrullahi, Amir Khaleghi, Bahman Sulaimani, Behnoud Shojae, Mohammad Jahedi, Rahim Ahmadi, Mohammad Fadae, Safar Angoti, Mohammad-Reza Hadadi and Delara Darabi are in serious danger.  These individuals’ death sentences have already been issued and the head of the judiciary forces has given its approval.  In the next phase, Ahmad Mortazavian, Mostafa Naghdi, Mahyar Hagh-Goo, Avanj Vaisi and others are in queue and their cases are waiting to be enforced.  The cases of Reza Padashi, Hossein Haghi, and Kianoosh Nazari are under review by the Supreme Court.  The cases of Hojat Haydari, Syed Ahmad Hosseini, Saber Sharbati, Ali Mihan-Torabi, Hedyeh Movayedi, Jalil Dorodian and Salah Taseh are being processed in the lower courts.

It should not be forgotten that, through legal efforts by lawyers of some of the suspects, Iman Hashemi, Hossein Toranj, Saeed Jazi, Mohammad Latif, Reza Alinejad, and Mohammad Shanbehzadeh, who had been sentenced to die, were saved by acts of clemency from the victims’ family members.  According to statements made by the lawyers in some of the cases and news published on the legal proceedings, some individuals sentenced to Ghesas have been diagnosed to be suffering from psychological disorders, epilepsy, depression and other disorders according to government doctors.  Mr. Kianosh Nazari is among these individuals.