IRAN:
URGENT ACTION APPEAL
----------------------------------
16 December 2004
UA 336/04 Fear of imminent execution
IRAN
Hajieh Esmailvand (f)
An unnamed man (aged 17 when accused)
Amnesty International fears that Hajieh Esmailvand is at risk
of imminent execution after her death sentence for adultery
was upheld by the Supreme Court in November. She could
allegedly be stoned to death as early as 21 December. Her
unnamed co-defendant is at risk of imminent execution by
hanging.
According to reports, Hajieh Esmailvand was sentenced to
five years imprisonment, to be followed by execution by
stoning, for adultery with an unnamed man who at the time
was a 17 year old minor. Although the exact date of her arrest
and trial are not known, it is reported that she has been
imprisoned in the town of Jolfa, in the north west of Iran,
since January 2000.
In Iran, all death sentences must be upheld by the Supreme
Court before they can be carried out. In November 2004, the
Supreme Court upheld the death sentence against Hajieh
Esmailvand but changed the lower court's verdict from 'death
by hanging' to 'death by stoning'. Reports suggest that the
Supreme Court has ordered that the remainder of Hajieh's
five year prison sentence be annulled so that the stoning
sentence can be carried out before 21 December.
The unnamed man, with whom Hajieh had the affair, has
been sentenced to death by hanging. It is reported that he is
awaiting official orders to be hanged in public, suggesting that
the death sentence may have already been upheld by the
Supreme Court.
BACKGROUND INFORMATION
Amnesty International believes that the death penalty is the
most extreme form of torture. It is a cruel, inhuman and
degrading treatment, and a violation of the right to life as
proclaimed in the Universal Declaration of Human Rights
(UDHR). It is clear that the punishment of stoning is
designed to cause the victim grievous pain before leading to
death. Such methods of execution specifically designed to
increase the suffering of victims are of particular concern to
Amnesty International, as the most extreme and cruel form
of torture.
The Iranian Penal Code is very specific about the manner of
execution and types of stones which should be used. Article
102 states that men will be buried up to their waists and
women up to their breasts for the purpose of execution by
stoning. Article 104 states, with reference to the penalty for
adultery, that the stones used should "not be large enough to
kill the person by one or two strikes, nor should they should
they be so small that they could not be defined as stones".
In December 2002, the Head of the Judiciary, Ayatollah
Shahroudi, reportedly sent a directive to judges ordering a
moratorium on execution by stoning and for alternative
punishments to be used instead. However, legal provision for
execution by stoning remains, and in September 2003 a law
was passed listing regulations for the implementation of
particular sentences, including stoning. Since the reported
moratorium, Amnesty International is aware of at least one
case in which a sentence of execution by stoning has
reportedly been issued. According to a report on 8 January
2004 in the Iran newspaper, a criminal court in city of Qazvin
sentenced an unnamed man to 80 lashes and 10 years'
imprisonment to be followed by execution by stoning. It is
not known whether this sentence has been carried out.
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. Iran has executed at least
three child offenders in 2004. In addition to this, at least
eleven other child offenders are believed to have been
sentenced to death.
RECOMMENDED ACTION: Please send appeals to
arrive as quickly as possible:
- 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 that Hajieh Esmailvand is reportedly
facing imminent execution by stoning for adultery;
- asking for the trial details of the case against Hajieh
Esmailvand, including details of any appeals against her
convictions to be made public;
- urging that the death sentence against Hajieh Esmailvand be
commuted immediately;
- seeking clarification about the status of the moratorium on
stoning reportedly ordered by His Excellency Ayatollah
Shahroudi in December 2002;
- expressing concern at reports that the unnamed co-
defendant of Hajieh Esmailvand has been sentenced to death
for an offence committed when he was a 17 year old minor;
- asking for details of the exact charges against the unnamed
individual, including details of any appeals against his
convictions to be made public;
-urging that the death sentence against him be commuted
immediately;
- 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 and to pass legislation removing the provision for
the execution of child offenders, thereby bringing Iran into
line with its obligations under international law.
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)
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:
Center for Women's Participation:
Dr Zahra Shojaei
Head of the Center of Women's Participation and Advisor to
the President
128 Shaheed Labbafi Nejad Street
Tehran 13156, Islamic Republic of Iran
Fax: 011 98 21 640 3038
Email: [email protected] (please mark for the
attention of Dr Zahra Shojaei)
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 21
December 2004.
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
----------------------------------
END OF URGENT ACTION APPEAL
----------------------------------
