April 29



IRAN:

Female child offender's death sentence confirmed


Source: Amnesty International

Delara Darabi's death sentence has been confirmed by the Supreme Court,
according to a 25 April report in the newspaper Etemad. The verdict has
apparently been sent to the office of the Head of the Judiciary, Ayatollah
Shahroudi, for consideration.

Her father has again requested that she be transferred from Rasht Prison
to Evin, in Tehran, on the grounds that conditions in Rasht may have led
in part to her January suicide attempt. Her life was saved by her
cellmates, who alerted the prison authorities. According to recent
reports, Delara Darabi has been beaten in Rasht Prison, leaving her with a
broken arm, and she is in poor health. She reportedly also suffers from a
pre-existing kidney complaint. It is not known whether she is receiving
adequate medical care, but her condition has reportedly worsened in
prison.

Delara Darabi, then aged 17, reportedly burgled the house of an elderly
female relative on 29 September 2003 together with a 19-year-old man named
Amir Hossein Sotoudeh. Amir Hossein allegedly killed the woman during the
burglary. Delara Darabi initially confessed to the murder, but
subsequently retracted her confession, claiming that Amir Hossein had
asked her to admit responsibility for the murder to protect him from
execution, believing that as she was under 18, she could not be sentenced
to death. Iran is a state party to international treaties, including the
International Covenant on Civil and Political Rights, that expressly
prohibit the use of the death penalty for crimes committed by those under
the age of 18.

Delara Darabi was sentenced to death by Branch 10 of the General Court in
Rasht in 2005. The Supreme Court later found "deficiencies" in the case
and sent it for retrial. Following further trial sessions in January and
June 2006, Delara Darabi was sentenced to death for a second time. Amir
Hossein Sotoudeh was sentenced to 10 years' imprisonment for complicity in
the murder and both received sentences of three years' imprisonment and 50
lashes for robbery, and 20 lashes for an "illicit relationship". Delara
Darabi's death sentence was confirmed by the Supreme Court on 16 January
2007. According to the Etemad report, this sentence has now been further
confirmed by Branch 7 of the Iran's Supreme Court, sitting as a sentencing
"discernment", or review, body (Sho'be-ye tashkhis).

BACKGROUND INFORMATION

Despite being a state party to international treaties which prohibit the
use of the death penalty against anyone under the age of 18 at the time of
offence, many child offenders are under sentence of death in Iran.

At least 177 people were executed in Iran in 2006, including one who was
under the age of 18 at the time of execution, and at least three others
who were under 18 at the time of the offences of which they were
convicted.

On 14 January 200, judges in a Tehran criminal court cleared 19-year-old
Mahabad Fatehi (known as Nazanin Fatehi) of premeditated murder, but
ordered her to pay diyeh (blood money) to the family of the man she killed
in self-defence in March 2005. She had been sentenced to death for murder
in January 2006, but following domestic and international protests, her
death sentence was quashed by the Supreme Court in May 2006 and her case
sent for retrial (see UA 220/05, MDE 13/047/2005, 24 August 2005, and
follow-ups).

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible,
in Persian, Arabic, English or your own language:

- urging the Head of the Judiciary to overturn the death penalty handed
down to Delara Darabi;

- reminding the authorities of their commitment to the International
Covenant on Civil and Political Rights, which states that "sentence of
death shall not be imposed for crimes committed by persons below 18 years
of age"

- calling on the Iranian authorities to implement the recommendations of
the United Nations Committee on the Rights of the Child, which called on
Iran in January 2005 to "immediately suspend the execution of all death
penalties imposed on persons for having committed a crime before the age
of 18";

- expressing concern at reports that Delara Darabi has been beaten in
Rasht Prison, breaking her arm, and calling for her to be allowed
immediate and regular access to any medical treatment she may require, or
to be transferred to another prison if an improvement in conditions in
Rasht is not possible;

- calling on the authorities to commute the sentences of flogging passed
on Delara Darabi and Amir Hossein Sotoudeh, as flogging amounts to
torture;

- acknowledging that governments have a responsibility to bring to justice
those suspected of criminal offences such as murder, but stating your
unconditional opposition to the death penalty, as the ultimate cruel,
inhuman and degrading punishment and violation of the right to life.

APPEALS TO:

Leader of the Islamic Republic

Ayatollah Sayed 'Ali Khamenei, Leader of the Islamic Republic

The Office of the Supreme Leader, Shahid Keshvar Doost Street, Tehran.
Islamic Republic of Iran

Fax: +98 251 7774 2228 (mark "For the Office of His Excellency, Ayatollah
Khamenei")

Email: Via website: http://www.leader.ir/langs/EN/index.php?p=sendletter

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

Fax: +98 21 3390 4986 (please keep trying)

Email: info at dadgostary-tehran.ir (subject line: For the attention of
Ayatollah Shahroudi)

Salutation: Your Excellency

COPIES TO:

Speaker of Parliament

His Excellency Gholamali Haddad Adel

Majles-e Shoura-ye Eslami, Imam Khomeini Avenue, Tehran, Islamic Republic
of Iran

Fax: +98 21 6 646 1746

Salutation: Your Excellency

and to diplomatic representatives of Iran accredited to your country.

PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat,
or your section office, if sending appeals after 8 June 2007.




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