Stop Child Executions Campaign has been working closely with Amnesty International in the past few weeks providing the information that was given to us by his attorney, Mohammad Mostafaei about Ali Mahin-Torabi, who is facing execution in Iran. As a result Amnesty International yesterday issued a worldwide URGENT ACTION call to help save Ali’s life. Shortly after the European Union today also voiced their ” deep concern” over the fate of Ali Mahin-Torabi:
EUROPEAN UNION PRESS RELEASE
Published: Wednesday, 17 October, 2007
Declaration by the (EU) Presidency on behalf of the European Union concerning the execution sentence on Mr Ali Mahin Torabi
The EU is deeply concerned by the news of the imminent confirmation by H. E. Ayatollah Sharoudi, Chief of the Judiciary of the Islamic Republic of Iran, of the execution sentence on Mr Ali Mahin Torabi.
The EU recalls the Islamic Republic of Iran’s international commitments, namely the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child, both clearly prohibiting the execution of minors or people who have been convicted of crimes committed while they were minors.
The EU reiterates its longstanding position against the death penalty in all circumstances and recalls that any miscarriage or failure of justice in the application of capital punishment represents the irreparable and irreversible loss of human life.
The EU urges the Islamic Republic of Iran to halt the sentence on Mr Torabi and to have the case reviewed by the appropriate instances taking into account all facts and witnesses, in compliance with both Islamic Republic of Iran’s domestic law and international obligations, namely articles 14, n. 1 and n. 2 on the right to a fair trial of the International Covenant on Civil and Political Rights.
The Candidate Countries Turkey, Croatia* and the former Yugoslav Republic of Macedonia*, the Countries of the Stabilisation and Association Process and potential candidates Albania, Bosnia and Herzegovina, Montenegro, Serbia, and the EFTA countries Iceland, Liechtenstein and Norway, members of the European Economic Area, as well as Ukraine and the Republic of Moldova align themselves with this declaration.
* Croatia and the former Yugoslav Republic of Macedonia continue to be part of the Stabilisation and Association Process.
Rue de la Loi 175 B – 1048 BRUSSELS Tel.: +32 (0)2 281 6319 Fax: +32 (0)2 281 8026
press.office@consilium.europa.eu http://www.consilium.europa.eu/Newsroom
13960/07 (Presse 240)
URGENT ACTION CALL BY AMNESTY INTERNATIONAL PUBLIC AI Index: MDE 13/116/2007 UA 263/07
Death penalty/ Fear of imminent execution
16 October 2007
IRAN
Ali Mahin Torabi (m) aged 21
Ali Mahin Torabi has been convicted of a murder committed when he was 16 years old. He is now at risk of imminent execution, even though Iran is a state party to international treaties including the Convention on the Rights of the Child (CRC), which expressly prohibit the execution of child offenders. Ali Mahin Torabi is held in Reja’i Shahr prison in Karaj, near Tehran. His death sentence could be carried out at any time.
On 3 February 2003, Ali Mahin Torabi was detained in connection with a playground fight at the Bani Hashemi High School. He reportedly fatally stabbed a schoolmate named Mazdak Khodadian, who died from loss of blood. The then 16 year-old Ali Mahin Torabi has repeatedly stated that he only realized that his schoolmate had been stabbed after he heard shouting from the crowds that had gathered during the schoolyard disturbance and that his blow was not intentional.
The lawyer for Ali Mahin Torabi has repeatedly drawn attention to the lack of clarity and doubts surrounding the events leading to the death of Mazdak Khodadian, noting for example that the coroner reported that the blow did not enter the victim in a direct manner; that it was not consistent with an intentional blow.
Branch 33 of the Public Court for the Investigation of Juvenile Crimes Offences in Karaj sentenced Ali Mahin Torabi to qesas (retribution) on 8 February 2003. On 8 June 2004 there were reports that Branch 27 of the Supreme Court had upheld the death sentence. However, new information later stated that the Head of the Judiciary, Ayatollah Mahmoud Hashemi Shahroudi had ordered that the case be resolved through arbitration. Furthermore, under Article 206 (b) of Iran’s Criminal Code, 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.”
According to reports, Mazdak Khodadadian’s mother demanded payment of diyeh (blood money) in order to pardon Ali Mahin Torabi. However her husband is refusing this and is demanding that the execution be carried out. Failing to reach an agreement between all the blood relatives of the victim, in this case the parents, Ali Mahin Torabi remains at risk of execution.
BACKGROUND INFORMATION
International law strictly prohibits the use of the death penalty against people convicted of crimes committed when they were under 18. As a state party to the International Covenant on Civil and Political Rights (ICCPR) and the CRC, Iran has undertaken not to execute child offenders. However, since 1990, Iran has executed at least 24 child offenders. At least 75 child offenders are currently on death row in Iran. This number may be even higher as according to yet unconfirmed reports at least a further 15 Afghan child offenders may be under death sentence.
For more information about Amnesty International’s concerns regarding executions of child offenders in Iran, please see Iran: The last executioner of children (MDE 13/059/2007, June 2007) http://web.amnesty.org/library/index/engmde130592007
RECOMMENDED ACTION: Using your own words, please choose a few of the suggestions below to create a personal appeal in Persian, Arabic or English:
– expressing concern that Ali Mahin Torabi is at risk of execution for a crime committed when he was under 18;
– calling on the Iranian authorities to immediately halt the execution of Ali Mahin Torabi;
– calling for the death sentence against Ali Mahin Torabi to be commuted;
– reminding the authorities that Iran is a state party to the International Covenant on Civil and Political Rights and the
Convention on the Rights of the Child, which prohibit the use of the death penalty against people convicted of crimes committed when they were under 18, and that the execution of Ali Mahin Torabi would therefore be a violation of international law;
– urging the authorities to pass legislation to abolish the death penalty for offences committed by anyone under the age of 18, so as to bring Iran’s domestic law into line with its obligations under international law;
– stating that Amnesty International acknowledges the right and responsibility of governments to bring to justice those suspected of criminal offences, but unconditionally opposes the death penalty.
APPEALS TO:
Leader of the Islamic Republic:
His Excellency Ayatollah Sayed ‘Ali Khamenei
The Office of the Supreme Leader
Islamic Republic Street – Shahid Keshvar Doust Street
Tehran, Islamic Republic of Iran
Email: info@leader.ir
Salutation: Your Excellency
Head of the Judiciary:
Ayatollah Mahmoud Hashemi Shahroudi
Ministry of Justice, Ministry of Justice Building
Panzdah-Khordad Square
Tehran, Islamic Republic of Iran
Email: <mailto:info@dadgostary-tehran.ir> info@dadgostary-tehran.ir
(In the subject line write: FAO Ayatollah Shahroudi)
Salutation: Your Excellency
COPIES TO:
Mr Seyed Mahdi Mohebi
Chargé d’Affaires, Embassy for the Islamic Republic of Iran
245 Metcalfe Street
Ottawa, Ontario K2P 2K2
Fax: (613) 232-5712
Speaker of Parliament:
His Excellency Gholamali Haddad Adel
Majles-e Shoura-ye Eslami
Baharestan Square
Tehran, Islamic Republic of Iran
Email: hadadadel@majlis.ir
Salutation: Your Excellency
Please respond with immediate messages to protect Ali Mahin Torabi’s life.
