URGENT ACTION APPEAL
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10 December 2004
UA 332/04 Fear of imminent execution/fear of flogging
IRAN Leyla M (f), aged 19
''Leyla M'', who has a mental age of eight, is reportedly facing
imminent execution for ''morality-related'' offences arising from
her being forced into prostitution as a child. According to a
Tehran newspaper report of 28 November, she was sentenced to
death by a court in the central Iranian city of Arak while she was
18, and the sentence has now been passed to the Supreme Court
for confirmation.
According a 5 May 2004 report in the daily newspaper
Khorasan, Leyla M was sentenced to death on charges of ''acts
contrary to chastity'' (a'mal-e khalaf-e 'ofat) by controlling a
brothel, having intercourse with blood relatives (eteham-e zena
ba maharem) and giving birth to an illegitimate child (tavallod-e
bache-e haram). She is to be flogged before she is executed. She
had apparently ''confessed'' to the charges. This report stated that
there would be an appeal, and the 28 November report indicates
that this process is now at an end.
According to the 28 November report, social workers have
repeatedly tested her mental capacities, and each time they have
found her to have a mental age of eight. However, she has
apparently never been examined by the court-appointed doctors,
and was sentenced to death solely on the basis of her explicit
confessions, without consideration of her background or mental
health.
Leyla M was forced into prostitution by her mother when she
was eight years old, according to the 28 November report, and
was raped repeatedly thereafter. She gave birth to her first child
when she was nine, and was sentenced to 100 lashes for
prostitution at around the same time. At the age of 12, her family
sold her to an Afghan man to become his ''temporary wife''. His
mother became her new pimp, ''selling her body without her
consent''. At the age of 14 she became pregnant again, and
received a further 100 lashes, after which she was moved to a
maternity ward to give birth to twins. After this ''temporary
marriage'', her family sold her again, to a 55-year-old man,
married with two children, who had Leyla's customers come to
his house.
The newspaper report makes no mention of her family or the
men to whom she was married. In Iranian law, in a case of
''intercourse with a blood relative'' both parties are considered
culpable, but only Leyla M has been referred to in the reports of
which Amnesty International is aware.
BACKGROUND INFORMATION
Iranian law recognises two types of marriage, ''permanent'' and
''temporary'' (for any defined period from 24 hours to 99 years).
A man can have up to four ''permanent'' wives and numerous
temporary ones.
As a party to the International Convention on Civil and Political
Rights, Iran has undertaken not to execute anyone for an offence
committed when they were under 18 years old. The Iranian
authorities are now considering legislation (the draft law on the
Establishment of Children's Courts) that would prohibit the use
of the death penalty for offences committed under the age of 18.
Article 41 of this law requires the authorities to have child
offenders examined by psychiatrists and social workers.
Iran has executed at least three child offenders in 2004. In
addition to this, on 12 November 2004, a 14-year-old boy died
after receiving 85 lashes for eating in public during the Muslim
holy month of Ramadan. According to unconfirmed reports, the
metal cable used to flog him struck the back of his head, causing
a brain haemorrhage.
RECOMMENDED ACTION: Please send appeals to arrive
as quickly as possible:
- expressing concern at reports that Leyla M has been sentenced
to death for offences committed when she was a child, pointing
out that she has been found to have a mental age of eight and
urging the authorities to carry out an urgent review of her case;
- calling on the Supreme Court to ensure that Article 41 of the
draft law on the Establishment of Children's Courts has been
implemented, which requires social workers and psychiatrists to
examine defendants such as Leyla M;
- reminding the Head of the Judiciary that passing a death
sentence on Leyla M would violate the International Convention
on Civil and Political Rights, to which Iran is a state party;
- asking for details of the trial proceedings and any appeals
related to her case;
- seeking assurances that the authorities will uphold their
obligation to ensure that Leyla M is represented by a lawyer who
is able to act in her best interests;
- calling for Leyla M to be granted access to any medical
treatment that she may need;
- stating your unconditional opposition to the death penalty, as
the ultimate cruel, inhuman and degrading punishment and
violation of the right to life;
- expressing concern and dismay that Amnesty International has
recorded 10 executions of child offenders in Iran since 1990,
three of them in 2004, and calling on the Iranian authorities to
immediately halt further executions of child offenders.
APPEALS TO:
Leader of the Islamic Republic
His Excellency Ayatollah Sayed 'Ali Khamenei
The Presidency
Palestine Avenue
Azerbaijan Intersection
Tehran, Islamic Republic of Iran
Fax: 011 98 21 649 5880 (please mark 'For the attention of
the Office of His Excellency, Ayatollah al
Udhma Khamenei, Qom)
Email: [email protected] (on the subject line write: For
the attention of the Office of His Excellency,
Ayatollah al Udhma Khamenei, Qom)
Salutation: Your Excellency
Head of the Judiciary
His Excellency Ayatollah Mahmoud Hashemi Shahroudi
Ministry of Justice
Park-e Shahr
Tehran, Islamic Republic of Iran
Email: [email protected] (mark 'Please forward to
HE Ayatollah Shahroudi')
Salutation: Your Excellency
COPIES TO:
Article 90 Commission
Chairperson, Article 90 Commission (Komisyon-e Asl-e Navad)
Majles-e Shura-ye Eslami
Imam Khomeini Avenue
Tehran, Islamic Republic of Iran
Fax 011 98 21 646 1746 (can be difficult to reach, please be
patient)
Email: [email protected]
Iran does not presently have an embassy in this country. Instead,
please send copies to:
Iranian Interests Section
2209 Wisconsin Ave NW
Washington DC 20007
Phone: 202 965 4990
Fax: 202 965 1073
Please send appeals immediately. Check with the Colorado
office between 9:00 am and 6:00 pm, Mountain Time,
weekdays only, if sending appeals after January 21, 2005.
Amnesty International is a worldwide grassroots movement that
promotes and defends human rights.
This Urgent Action may be reposted if kept intact, including
contact information and stop action date (if applicable). Thank
you for your help with this appeal.
Urgent Action Network
Amnesty International USA
PO Box 1270
Nederland CO 80466-1270
Email: [email protected]
http://www.amnestyusa.org/urgent/
Phone: 303 258 1170
Fax: 303 258 7881
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END OF URGENT ACTION APPEAL
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