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Amir's execution order sent to be carried out
16-Jan-2008
Yesterday,I took over Amir's case who was arrested at the age of 16 for alleged first degree murder and sentenced to death. After reviewing the file and due to the numerous errors, I requested a correction according to the article 18 of Public and Revolutionary Courts Procedures from the Judge.
On November 7, 2006, around 11:30 am, the defendant was at the bakery located on Azadegan Street in the city of Shiraz with his two friends Mr. Hassan Mohammadi and Ali Soleymani when accidentally, they ran into the victim: Mr. Mohssen Kazemi, and his friend, Mr. javad Vaziri. They engaged in a verbal argument that was completely childish and unintentional and the argument lead to a physical dispute. At this point, Amir interfered and tried to scare off the other group with the use of a knife borrowed from his friend: Ali Soleymani, and held the knife in case it was needed for self defense. It seems the victim started to badger the defendant, who was younger than him, for no apparent reasons and provoked him. In order to scare off the victim to leave, Amir showed off the knife. Unfortunately the victim did not leave the premises and hit the defendant on the face. In response, Amir hit the victim with the knife's handle, hoping that he would leave. However, the victim stayed and due to the chaos and while the victim was walking towards the defendant with the intention of hitting him again, the defendant moved the knife towards the victim and the knife hit the victim on the right side of his chest. The defendant panicked and fled the scene and discussed the matter with his father the same day and then turned himself in to the authorities.
The defendant would have never thought that four of the five Judges of the privincial Penal Court would find him guilty who sentenced him to death without smallest consideration of the circumstances and his maturaity leval as an under age child.
Nevertheless, the verdict is delivered and now the case has been brought to the attention of the Head of the Judiciary to be carried out, with no regards to my client's request for appeal.
The following points are some issues in the case against my client which would make the death sentence problematic and questionable:
1) According to one of the advisors of the 5th district court, my client at the time was only 16 years old and lacked the mental capacity of the consequences of him losing control. The advisor's opinion merits consideration. Amir should be examined by the State's medical examiners to evaluate his mental state during the conflict and at the time he committed the crime.
There are no precise age limits mentioned in the Islamic penal code, and it's based on the religious maturity. In other instances of the law, the lack of maturity has been discussed for a reduced sentencing, and should have been considered in the case of the defendant instead of rushing to a guilty verdict on the same day. In fact the ruling and the sentencing of this case was performed in a hasty manner and therefore does not comply with the Islamic Penal Codes.
2) Due to the financial situation of his family, the defendant couldn't afford a better representation of experts in such cases and the state assigned defense attorney didn't properly consider all the aspects of the case regarding the laws for the minors and he did not bring up the suspicious nature of the defendant's mental state, probably due to his own poor health. The defendant is known to lose control of his actions under stress which should have been considered to allow an examination by the state's medical experts to prove temporary loss of sanity.
In addition, the defendant was prescribed heavy doses of sedatives while he was held in Nezam prison (the special prison for offenders under the age of 18) and his medical file is also available, but no attention was made to this fact during the court proceedings which renders the ruling unjust.
Although the defendant is remorseful, the reality is that the murder was accidental and unintentional and he was not mentally in control of his actions.
3) According to eyewitnesses, when the victim was sprawled on the ground, there were many people around and near by, but none helped taking the victim to a hospital or nearest medical facilities until an ambulance arrives 30 minutes later to take Mohsen (the victim) to the hospital where he passed away. The district attorney and the honorable judges should have investigated the cause of death closely, since if the victim died due to the loss of blood which was caused by the delayed medical attention and his injuries were not fatal by nature, then the defendant should not have been on trial for murder, and the ruling should be considered unreasonable and therefore illegal.
4) The amendment B of the article 206 of the Islamic Penal Code states that first degree murder is an intentional act that is premeditated which result in death. However, the fact and details of the case clearly demonstrate that my client did not this act intentionally and knowingly.
If that were to be the case the victim would have been stabbed at the heart directly to cause immediate death.
This unfortunate accident that landed the defendant in jail and the families mourning was not a premeditated criminal act and only due to the victim's persistent behavior.
With attention to the discrepancies in the case,
I hope that my client's file would be reviewed and with the grace of God a 16 year old child's life would be spared.
Mohammad Mostafaei Attorney for Amir Amrollahi
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| Possibly Two Juveniles Executed in Iran on September 18 | - | Sep 20, 2011 |
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I DO CARE, DAVID...
by Rosie T. on Fri Jan 18, 2008 09:11 AM PSTI REALLY want to help. Let's leave it at that! Thanks. :D
"DEAR" Rosie
by David ET on Fri Jan 18, 2008 08:18 AM PSTI am/was not "complaining" about any posts here and I am only expressing my views like anyone else :-) . You wrote to me that people should be able to vent out and I simply clarified that I have not said they shouldn't.
Otherwise I am not sure what you are talking about :-) and please when reading MY comments , read it with a positive tone :-) and do not presume that I intend to necessarily say more than it does! I also understand that sometimes the dominant agressive and negative comments on this site tend to become overwhelming to the extent that one might tend to presume the worst..
anyway lets leave it at that...words without tones and gestures sometimes can get confusing :-)
hugs
ps: I am very appreciative of you caring about SCE causes and I had seen your post directing to here on ahmadinejad thread
David,
by Rosie T. on Fri Jan 18, 2008 07:25 AM PSTIf you followed Kouroush's last three blogs which turned into a KKK vs. Farrakhan rally with Islamo, Zoro, and Judeo-bashing that would have made Goebbels green with envy you would understand very well why I said what I said about the conversation here, and why I came here to stop it AFTER a member who I didn't even know posted on my own thread that Kouroush had started up on this one. If you don't like Hemayat's language...he would be Charlie Brown in comparison....
Did you know that I posted on the Ashura blog for people to come over here because that blog seemed hot after I wrote the post here that you're complaining about? I already had two posts in a row and couldn't post a third so I called Nadia and told her to post anything on top of me so I could post about this on top of her.
You have a way with words, David...you have a way with words...
Dear Rosie
by David ET on Fri Jan 18, 2008 06:01 AM PSTMy response was to the comment: "What SCE is doing is no doubt worthwhile, but it's only treating the symptom of a much bigger problem, kind of like attempting to re-arrange the furniture on the Titanic."
and I wrote: "We must also save human lives if we can than simply sit back and say let them die and instead only discuss making better ships and fight over whose fault it was/is. Amir Amorollahi is a human being and not a piece of furnitures. His life is worth saving and you and I are his only remaining hope"
But I did NOT say what people should /or should not talk about .
Dear Minoo, David
by Rosie T. on Thu Jan 17, 2008 08:36 PM PSTI'm smoking Sherman's. They're a wonderful tobacco. I'm happy to respond to you about what I meant with what I said if you will join me either on my own thread which is an article on the home page called "three short ones", OR on one of Kouroush's two recently featured blogs on Islam. Since I'm registered, when you go there, it'll come up in my tracking and I'll talk to you about KS's poetry. This thread belongs to SCE and Amir and that is that.
David, I agree. DOING is essential. But I also do believe that there will come a time in the website discourse where it will be appropriate for people to air their views, find common ground, vent, strategize, mourn, whatever, ON AN SCE BLOG because it opens so many wounds for them. And perhaps they CAN'T paraticipate enough and DO enough because they have all these issues, and it could be very helpful. But the time is NOT now, and DEFINITELY not under the aegis of the notorious KiaroStami/Kaposi's Sarcoma.
Amir or furniture?
by David ET on Thu Jan 17, 2008 07:30 PM PSTWhile titanic is sinking , those of us who are not in it (or in it) , must also save human lives if we can than simply sit back and say let them die and instead only discuss making better ships and fight over whose fault it was/is.
Doing something often leads to much bigger changes inside and outside of us.
Amir Amorollahi is a human being and not a piece of furnitures. His life is worth saving and you and I are his only remaining hope.
Rosie on KS: "he's a brilliant post-modernist poet"????????
by minooSAFARPOUR (not verified) on Thu Jan 17, 2008 07:27 PM PSTRosie, what are you smoking?
Wow
I'm very glad you like him...
by Rosie T. on Thu Jan 17, 2008 06:50 PM PSThe has some excellent qualities that need to be channeled and directed. Not least of which is he's a brilliant post-modernist poet. Check out the poem he wrote on my thread on the home page (three short ones,my thread is called). Under normal circumstances I NEVER would have discouraged ANY conversation on any thread but the problem is he monopolizes EVERY thread and I just knew it wouldn't go anywhere...having laboriously followed his blogs. You're quite right, the discussion DOES belong here, but NOT NOW, it would be futile. It would get ugly and lead nowhere, and that would be disrespectful to Nezanin and David, and harmful to Amir. But, anyway, since you are someone who is astute enought o be able to fathom his good qualities why don't you please go to his blog and dialogue with him.
Realistic
by Milan (not verified) on Thu Jan 17, 2008 06:43 PM PSTI like this guy KS. His strategy may not be very effective, but he's addressing the root of the problem with the current Iranian system. What SCE is doing is no doubt worthwhile, but it's only treating the symptom of a much bigger problem, kind of like attempting to re-arrange the furniture on the Titanic.
Mehdi, listen to Nadia.
by Rosie T. on Thu Jan 17, 2008 05:42 PM PSTEither move it to KS's blog or focus on something more useful. There are MANY other threads here which could use your input.
Mehdi please not here.......let us be
by Nadias on Thu Jan 17, 2008 05:33 PM PSTbe better than him. This thread needs to stay focused on the article. Please, I ask of you. Seppas
solh va doosti
Nadia
Like I Said Kouroush Sassanian Is Psychotic
by Mehdi on Thu Jan 17, 2008 05:28 PM PSTHe is just a psychopath pretending to care about humanity. Talking to him is like talking to a wall. His needle is stuck on "let's burn all muslims with Israel's nuclear weapons." He just wants to make sure Israel's nukes are put to some "valuable" use. The Mosad agents worked a little too hard on him. You can say anything you like to him - doesn't even need to be related to politics or anything. His answer will still be the same, "Nuke muslims! Israel is graceously providing the weapons. Let's do it!" Just try it. Say anything you want and see his response.
PEOPLE I STRONGLY ENCOURAGE YOU TO MOVE YOUR
by Rosie T. on Thu Jan 17, 2008 05:19 PM PSTdialog with KS to his own blogs (he currently has two featured and two unfeatured) out of respect for Amir, DavidET, Nezanin, and KS himself. It doesn't HELP him to be permitted to cannibalize any and every thread whenever the whim strikes him. It feeds his grandiosity/paranoia....sorry KS, but that's the truth....please move KS to KS's own FOUR current blogs.
Thank you.
the battle is here!
by Kouroush Sassanian on Thu Jan 17, 2008 05:11 PM PSTThese poor kids are getting murdered in the IRI and people are not moved on this or any sites, in fact, not even in Iran - with exception of a few!
These idiots are more concerned about whether I am frog worshiper! Of course, I do not want these kids murdered, but perhaps it has to get a lot worse, before it gets better!
I have over 200 posts on my blogs discussing whether I am Jew or Zoroasterian - while Iran burns to the ground!
Nadia, please shut your trap, just listen to Gloria! You are too shallow, as I said before to really get it.
Sorry, the posts crossed......
by Nadias on Thu Jan 17, 2008 04:20 PM PSTRosie T. and I were trying to post at the same time. I agree, we should move the KS conversation to his blogs.
I will repost my comment on his last blog.
Nadia
I just knew it....
by Nadias on Thu Jan 17, 2008 04:09 PM PSTwhen I read there was drama on this thread..........I knew KS had to be on it.
How can anyone say "I hope this poor kid and many more are executed, until people realize......" and expect to be taken seriously.
Why don't you do something that really saves someone. For crying out loud.
KS do you actually do any volunteer work that makes the life of another better? Seriously, you should look into it.
While you are so busy dwelling in toxic waste, people are loosing their lives all over the world for a variety of reasons.
People are going hungry, homeless, or fighting a serious illness. I know handicapable or seriously ill people that even though they have an incurable disease or handicap (not contageous), they go out and volunteer.
Could you not maybe stop thinking of yourself for once and make a difference in the life of another human being.
Don't you want your life to count for something other than hate? It is not what your family wanted for you.
Nadia
OKAY PEOPLE TIME OUT!
by Rosie T. on Thu Jan 17, 2008 04:03 PM PSTKouroush currently has two featured blogs which are still quite active, and I am asking you to please go there and discuss him andhis views there. DavidET and Nezanin have devoted their lives to the SCE campaign and really their blogs should be respected and kept solely to the topic at hand, which right now is the specific life of a specific individual. Until/unless the SCE people intervene and disagree with me and tell me that they WANT this discussion to happen here, please discuss Kouroush and his views on HIS OWN BLOGS, or at least on another blog that is not as DELICATE and CRUCIAL as this one.
Best regards,
Rosie
PS Kouroush.....no shabbos walnuts a la paak with grandma for you if you don't focus on your POETRY..........
so, was he or not?
by Kouroush Sassanian on Thu Jan 17, 2008 03:53 PM PSTLOL!
Kouroush Sassanian
by Maheen.Khanom.LA (not verified) on Thu Jan 17, 2008 03:20 PM PSTHeal yourself from your hatred
If you want to fool others, fine
At least, don't fool yourself ...
For your own sake
It cannot be an insult if it is true!
by Kouroush Sassanian on Thu Jan 17, 2008 03:08 PM PSTProve me wrong that he was not a pedophile and I will publicly declare I was wrong! I may even consider doing the Hajj next year!
but is he right about muhamad being a pedaphile?
by Mehrdad12 (not verified) on Thu Jan 17, 2008 02:09 PM PSTI mean did he have sex with a little girl. I may not agree with KS approach, but is he right about his citations.
Kouroush - Read This
by Mostafa_Negahdar09 (not verified) on Thu Jan 17, 2008 01:57 PM PSTMany of us have read your blogs, but unfortunately, I believe that your approach is "Fundamentally" wrong.
Rather than pointing out to individual problems, you make a "Wholesale" Condemnation of Islam. Also, your insults on Prophet Mohammad are absolutely "Repulsive".
You have to understand something: "Iranian" culture is very much itertwined with "Islamic" Culture. Many of our Great "Poets" such as Sa'adi, Hafez, and Mollana have "Deep" Islamic Roots.
What I am trying to say to you is this: Like they say in America, You Can Not Throw Away The Baby With The Bath Water.
If you want to "Reform" Islam, then fine. But to make such Gratuitous Attack on Islam and Prophet Mohammad is both Intelectually "Dishonest", and "Foolish".
The attacks you have been receiving by others is solely your own fault. In Bible there is a saying that "Those who live by the Sword, Will Die By The Sword". You have brought all of this upon yourself :) Pure and Simple!!
Why Sorrow!
by Kouroush Sassanian on Thu Jan 17, 2008 12:52 PM PSTI hope this poor kid and many more are executed, until people realize they are being executed according Sharia law. These are your Islamic laws!
On the one hand you attack me when I show you why Iranian muslims are carrying out these orders and on the other hand your hearts bleed for these kids being executed by the IRI.
Not one of you have come forward to counter any of blogs. Are you ashamed? You call me zionist or zartoshi, but not one of you has been able to counter what I have stated about Islam/Sharia Law or the Quoran!
I think you folks need professional help, not I!
Has anyone noticed that over 100 posting has been made on my blog, but not so much here! Hypocrits!
Thank You
by SCE Campaign on Thu Jan 17, 2008 09:38 AM PSTThank you for the comments.
TM,
The preview did not show the problem with the paragraphs. I'll be fixed and noted for the future articles.
Regular mail is more effective than emails, Please visit our website for more contact information:
//www.stopchildexecutions.com/how-you-can-help.aspx
There will be a more detailed contact information in the new article for Amir's specific case, posting in very near future.
Thank you
SCE Campaign
SCE Campaign
by TM (not verified) on Thu Jan 17, 2008 01:32 AM PSTPlease use paragraphs and dividers for the writings.
It does seem like you are trying to keep
it short, but reading the article this way is
very difficult on the eyes.
I hope and pray and sign petitions (really not enough)... so that this "horror" comes to an end. Tomorrow is too late for these kids...
Would it help if hundreds of thousands of people wrote letters(mail) to the authorities in Iran?
Not emails, but letters, people are more willing to do that rather than emails.
May "God's" Wrath ..
by Shaer on Thu Jan 17, 2008 12:32 AM PSTCome upon Every Single Person, who Either Directly Or Indirectly, Is Involved In The "Execution" Of This "Kid" ..
"Savages" ..