Behnood Shojaee had allegedly killed a boy during a street fight in Tehran when he was 17years old. He has been in prison for the last 4 years and all thereports pointed to a stay of execution in his case.
In his weblog, Mohammad Mostafaie wrote: “I went to the Executiveoffice of the Tehran Criminal Court yesterday to follow up on BenoodShojai’s case. I was told by Mr. Jaberi, the clerk of the office thatno date had been set for Behnood’s execution and a stay of execution isin effect. This morning I heard that Bahnood Shojai had beentransferred to the isolation ward in prison. I went back to theExecutive office to inquire about the case. Mr. Jaberi confirmed theexecution and said that the Qisas( Islamic retaliation Law) will takeplace tomorrow”.
Bahnood was below the age of 18 when he committed the murder. Thefamily of the victim had forgiven Behnood and had unequivocally givenup their right to retribution (The right of victim’s family under Qisaslaw) in front of several witnesses namely Messrs. Ezzatollah Sahabi,Parviz Parastoui, Sayed Mohammad Mojabi, Dr. Golzari and a few others.
Mosatafai adds: “After I brought up the fact the family of the victimhad given up their right to retribution, the file was sent back to theissuing court. The judges from the 74th provincial criminal courtrejected the appeal arguing the verbal retrieval of family’s right toretribution even when it is confirmed by the witness affidavit o doesnot constitute a reasonable ground for appeal and the execution ordershall remain in effect”.
Also in an opinion related to this case Ayatollah Makarem Shirazi hadpreviously said:” where there is credible witness testimony on theforgiveness by the victim’s family such forgiveness remainsirretrievable”.
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Leader of the Islamic Republic
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Head of the Judiciary
Ayatollah Sadeq Larijani
c/o Director, Judiciary Public Relations and Information Office
Ardeshir Sadiq
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