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"My daughter Delara is accused of a crime that she did not commit? Help me and help us until justice is properly served. There are no signs of humanity and justice in here."
father of Delara Darabi who is awaiting execution in Iran, 11 January 2007 Amnesty International is calling on Iran's judicial and political authorities to order an immediate moratorium to prevent further executions of child offenders and to amend the laws so no children who commit crimes can be sentenced to death. In a new report, the organization said at least 71 child offenders were awaiting execution in Iran, where more child offenders have been executed than in any other country since 1990. "Iran stands virtually alone as a country in which child offenders - persons under 18 at the time of the crime of which they were convicted - are put to death," said Malcolm Smart, Director of the Middle East and North Africa Programme. "It is high time that the Iranian authorities put an end to this shameful practice - for once and for all - and bring themselves in line with the rest of the international community, which has long recognized the obscenity of executing those who commit crimes while children." In the report, Iran: The last executioner of children, Amnesty International lists the names of the 71 child offenders known to be facing the death penalty, but notes that the total number could be much higher as many death penalty cases in Iran are believed to go unreported. Of the 24 child offenders recorded as having been executed since 1990, 11 were still under the age of 18 at the time of their execution while the others were either kept on death row until they had reached 18 or were convicted and sentenced after reaching that age.
"The Iranian authorities deny that they execute children but so far this year we have already recorded two executions of child offenders," said Malcolm Smart. "Mohammad Mousavi, aged 19, was executed in April for a crime committed when he was 16, and Sa'id Qanbar Zahi, hanged on 27 May 2007 at Zahedan prison, was only 17 when he was sentenced to death with six other members of Iran's Baluchi minority two months earlier." The execution of Atefeh Rajabi Sahaaleh, sentenced for "crimes against chastity" and hanged at the age of 16 on August 2004, is one of seven cases highlighted by the report. A day after her execution, a judiciary official told a newspaper that she was 22 years old. Rajabi's case highlights the failure of the Iranian judicial system to protect children and provides further evidence that some child offenders are executed in Iran even before they reach the age of 18. The report also lists the cases of 17 other people who were executed for crimes committed when they were under 18. Although executions of child offenders are few compared to the total number of executions in Iran, they highlight the government's disregard for its commitments and obligations under international law, which prohibits in all circumstances the use of the death penalty against child offenders. Apart from Iran, the only countries in which executions of child offenders have been recorded since 2003 are China, Sudan and Pakistan; though the Chinese and Pakistani authorities insisted that those executed were aged 18 or over at the time of the crime. In each year the number of child offenders executed in Iran exceeded the total number of all other executions of child offenders.
Some members of the government and the judiciary are also believed to favour at least reducing, if not abolishing, the death penalty for child offenders, but progress is painfully slow. For example, a draft law proposed by the judiciary in 2001 could pave the way for the abolition of the death sentence for minors or at least result in a reduction in the number of offences for which child offenders could be sentenced to death, but the draft law is still under consideration by the political and judicial authorities. Amid the horror of child executions and the wider problem of the death penalty in Iran, there are some positive signs, particularly, the emergence of a growing movement in favour of the abolition of the death penalty for child offenders. This is being led by a courageous band of human rights defenders and activists within Iran, and it has already achieved some notable successes. "Amnesty International opposes the death penalty unreservedly for anyone, regardless of their age and regardless of the nature of the crime or the character of the condemned," said Malcolm Smart. "Every execution is an affront to human dignity - a human rights violation of premeditated cruelty that denies the right to life enshrined in the Universal Declaration of Human Rights."
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Mrs. Darabi: When Delara was at home, she was a bit sensitive. Because she was physically weak, she was bothered by the heat. And now that she is in prison, well, you are aware of the harsh conditions of prison. So, it is very difficult. Because the weather here it hot and humid here, she suffers from heat strokes. Every other day, she needs to be hooked up to an Ivey. She is very weak. And you know the conditions of prison. Although a while ago, I spoke with the prison warden and told him how she is feeling so what are you doing about it, he said that they have built some new buildings, we have prepared them but it will be approximately 20 days before they are finished. I hope that your daughter will be released by then. The warden is a great person. Because he believes that Delara is innocent, he says "I like her like my own daughter. I see here that she is not into anything [violent or illegal]. She is only into her paintings and her books and she greatly assists other prisoners." However, because they do not have air-conditioning and the number of prisoners is large, …MH: How many of them are there, Mrs. Darabi? How many of them are in one room? Mrs. Darabi: I think there are 12-13 people in one room. MH; Where is their bathroom? Is it a shared bathroom? How many people have to share the same shower facilities?Mrs. Darabi: Well, there are 2-3 bathrooms, and the same number of shower facilities for I think 200 people. I don't really know. They all use the same bathroom facilities until in a while they want to take them to a new building. I don't really know anything more than that. When I went to see her, Delara said "mom, I don't like to go to the new building. I want to come home. But they are building a new building and have spent a lot of money. The warden has been very kind. But I don't like to go. At the very least, they should transfer me because I hate it here. I have suffered greatly here and have been abused. I can not longer tolerate the conditions of this place."So now, with faith in God and your work, I hope that Delara will be released by then. She had called yesterday and said "mom, I get sick to my stomach 3 times a day due to heat strokes, and I change my clothes countless times each day and wash them." This is a problem for her because she is weak. MH: I hope that she will be released soon. We know that Delara is innocent. Everyone knows that. Her lawyer has proven this. Rest assured that Delara will be freed. We are all behind her. The world is behind her. Please give our best to her, kiss her, and tell her that, soon, the world will be a witness to smiles on the faces of her family members as she returns to her family. Mrs. Darabi: Thanks you so much for all of your work.MH: You're welcome. This is our duty as lovers of human-kind. And until there these types of injustice exist, rest assured that we will be here to make sure that we do not allow our innocent dear ones, especially our youth, especially our teenagers, be shackled like this. Rest assured that Delara, too, will be freed and we will bear witness to that day. Thank you, Mrs. Darabi, please give everyone our best and take care. Bye.
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Mino Hemati: Mr. Khoramshahi, hello. With respect to Amir-Hussain's withdrawal of his objection to his sentence, I want to know what impact this has on Delara.Abdolsamad Khoramshahi: It doesn't have any impact on Delara. However, it sheds light on my argument that he was the murderer, and to escape the punishment of execution, he is willing to stay in prison without any objections for 10 years. His crime of murder was apparent, but he came and accepted the punishment [that he has been give] in order to avoid the punishment of execution. MH: I want to know whether this has any impact on your request to re-examine the case. Is that possible?AK: No, no. This has no impact. They have set that aside. But this is for public opinion. A person who claimed he had committed no wrong, a person whose attorney claimed had no role [in the murder of Mahin], how could he now come and accept his sentence? Do you understand? MH: Yes. Is this to Delara's benefit?AK: Yes. This, in public opinion, in public's perception, is representative of our contentions and Delara's claims. His attorney used to say he had no role whatsoever [in Mahin's murder]. If he didn't have any role whatsoever, how is it that he now comes and accepts his sentence and is willing to be in prison for 10 years?! Why did he go back and withdraw his objection? MH: And when did they withdraw their objection? AK: Approximately 1 month ago. MH: From one month ago, the news has now come out? Meaning that they have now announced it?AK: Yes, but now the order has been issued and that has been sent to me. MH: Now what does this do? AK: This has an impact on public opinion. Why would a person who claimed he had done no wrong take back his objection? This shows that he is the murderer. This is for our conscience, for your views, as this issue has truly been clarified. But from the larger perspective, no, [this has no impact on Delara's case] because Amir-Hussain's case is no longer before Mr. Shahroudi. MH: Oh, Amir-Hussain's case is not before Shahroudi. Is it?AK: No, because he withdrew his objection and stated that he is willing to endure prison and that sort of thing. MH: So what happens to Delara?AK: Nothing. The case is now in Mr. Shahroudi's office and they must examine it and see what will happen. MH: So from a public opinion stand point, this is a positive thing for your argument and for your proof.AK: Yes.
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Mino Hemati
Telephone: 1(310)928-7049
Fax: 1(309)214-6037
http://rahai-zan.tv
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On April 24, 2007, a day after Delara Darabi's execution order was approved by the Distinctions Branch of Iran's Supreme Court, Mino Hemati of Rahai-Zan TV and SaveDelara! Campaign spoke with Delara's lawyer, Mr. Abdolsamad Khoramshahi. Mr. Khoramshahi emphasized that the way to save Delara is via legal means. With respect to the manner by which Delara was found guilty, he explained " confession is only worth anything when the confession matches the evidence! The court should not accept any and all "confessions." Even though Delara provided a confession, we must determine whether this is really the truth of the matter, could Delara have been the murderer? According to the investigations, it was clear that Delara is left-handed and the stab wounds were on the right side of the victim. And this occurred when Delara's friend was standing between Delara and the victim! Close examination by the police revealed that Delara could have in no way inflicted these wounds. So from a logical and physical stand point, Delara's confession has absolutely no value. And the plan was that this matter would be recreated (in court). That is how our plea to the first court was: That if Delara was proved to be left-handed, then the crime scene would be recreated in court so that it could be shown whether Delara could have done this with her left hand. Unfortunately, for reasons that are still not clear to us, this recreation never occurred despite the fact that it was proven that Delara is left-handed." You can read the transcript of the interview here. I have also attached the audio file of the interview, which is in Farsi.
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