IRAN:
URGENT ACTION APPEAL UPDATE
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11 January 2005
Further Information on UA 332/04 issued 10 December
2004 Fear of imminent execution/ fear of flogging
IRAN: Leyla Mafi (note amended surname), (f), aged 19
Leyla Mafi, who was sentenced to death for ''morality-
related'' offences arising from her being forced into
prostitution as a child, is no longer in imminent danger of
execution. The Iranian authorities are reviewing her case, in
an attempt to investigate press reports that Leyla Mafi has a
mental age of eight.
On 26 December the Foreign Ministry announced at a news
conference that the issue of Leyla Mafi's mental capacity
had been referred to the relevant bodies for investigation.
No further details about the review, or the bodies
conducting it, are known. It is likely that the Supreme
Court will wait for the outcome of the review before
deciding whether the death sentence should be carried out.
This review process could take several months.
Leyla Mafi was reportedly sentenced to death by a court in
the central Iranian city of Arak on charges of ''acts 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). A Tehran newspaper report on
28 November 2004 claimed that tests carried out by social
workers have repeatedly shown her to have a mental age of
eight. However, she had been tried and sentenced to death
solely on the basis of her explicit confessions, without
being examined by court-appointed doctors and without
consideration of her background or mental health.
Amnesty International opposes the death penalty in all
cases as the ultimate cruel, inhuman or degrading
punishment and a violation of the right to life. Iran has
made an explicit and unreserved commitment under article
6(2) of the International Covenant on Civil and Political
Rights (ICCPR), that it will impose the death sentence
''only for the most serious crimes''. This means that a death
sentence should be a most exceptional measure, and in any
event is applicable only to intentional crimes with lethal or
other extremely grave consequences. The UN Human
Rights committee (in the case of Toonen v Australia) has
made it clear that treating adultery and fornication as
criminal offences does not comply with international
human rights standards.
Amnesty International will continue to monitor this
case closely, and will take any necessary further action
on behalf of Leyla Mafi. Many thanks to all who took
action on this case. Please send a final round of appeals
to arrive as quickly as possible:
- welcoming the Foreign Ministry's announcement made on
26 December 2004 that a review is to be conducted into
Leyla Mafi's case, on the basis of her mental capacity;
- seeking clarification of the scope of this review and the
nature of the bodies taking part in it;
- stating that Amnesty International opposes the death
penalty in all cases as the ultimate cruel, inhuman or
degrading punishment and a violation of the right to life;
- reminding the Head of the Judiciary that passing the death
sentence on Leyla Mafi violates Iran's explicit and
unreserved commitment under article 6(2) of the
International Covenant on Civil and Political Rights
(ICCPR), that it will impose the death sentence ''only for
the most serious crimes'';
- calling for Leyla Mafi's death sentence to be overturned.
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
February 22, 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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