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--- On Thu, 9/25/08, Renee E. Taylor [EMAIL PROTECTED] 


 








Iran's Ruling Regime Violates It¢s Own Laws by Murdering Makwan Moloudzadeh

This week, 20 year old Makwan Moloudzadeh was executed for alleged sexual 
activity with other boys at the age of 13.  Makwan was initially arrested for 
smoking during Islamic fasting month of Ramadan.  In a show of humiliation was 
placed on a donkey and taken around the town in city of Kermanshah.  Several 
days later 3 boys told the authorities that Makwan had sexual relationship with 
them when he was 13 years of age. Despite the fact that the boys later withdrew 
their allegations, Makwan was sentenced to death for these alleged sexual acts. 

Subsequently, Makwan¢s case was appealed and was under review by direct order 
of Iran's head of judiciary, Ayatollah Shahrudi. Although Makwan's attorney was 
told that the case will remain in Iran's superior court in Tehran for more than 
2 months, without his knowledge the file was sent back to prison authorities in 
Kermanshah and Makwan was executed in prison two days ago.


Makwan's parents and his attorney, who were not notified of the execution in 
advance, were told after his death to make arrangement to pick up his body. The 
circumstances under which Makwan's sentence was ordered and carried has not 
been not disclosed by the authorities.  It has been reported that the 
authorities said that they needed to make an example for the other youth in the 
community.


By executing Makwan for alleged sexual acts at the age of 13 Iran has violated 
its obligations not to execute children for crimes committed under the age of 
18 pursuant to the International Covenant on Civil and Political Rights (ICCPR) 
and the Convention on the Rights of the Child (CRC).  He was executed based 
upon recanted allegations of three individuals concerning something that 
allegedly occurred over seven years ago.  The allegations were obtained under 
duress, and the proceedings violated both procedural and substantive due 
process.
Iran has violated its own laws in the following manner:

- Execution without any proof based on hearsay of 3 individuals who later 
testified that had lied.
- Execution for an alleged crime at the age of 13.  (Boys are considered adult 
at the age of 15 under Iran's Islamic Sharia law and therefore even under 
Iran's law Makwan was considered a child and should not have been executed.)
- Execution without approval of Iran's head of judiciary, Ayatollah Shahrudi. 
(Unless Ayatollah Shahrudi had personally signed the execution order of Makwan, 
those who are sentenced to death for alleged crimes before the age of 18 can 
not be executed.)
- Execution without due process as provided within Iran's penal codes.
- Execution without notifying Makwan's attorney of the status of his case.
- Execution without notifying Makwan's family that he was going to be executed.

According to Iranian law passed in 1991,  48 hours before execution the 
following people must be notified:

1- The local police to maintain security during the execution
2- The head of prison in order to assure of proper execution procedures
3- A Reliable physician to ascertain the status of the health of the accused
4- The religious authority of the religion of the accused (if s/he is of an 
accepted religion within Iran's constitution)
5- The Court Secretary to recite the verdict
6- The Attorney of the accused
7- The Parents and nearest relatives of the accused

Additionally, the judge ordering the execution must allow the victim to meet 
those with whom he wishes to meet as long as it does not cause delay in 
execution.

After the completion of the execution, a complete report must be prepared and 
signed by all the above listed people to be included in the file along with a 
photo of the execution. The information and the name of the accused must be 
reported to the newspapers.

It is obvious that in the case of Makwan and many others, Iran's authorities 
continue to violate even their own laws.
According to a recent confession by an Iranian police official there are nearly 
240 other minors who may be facing execution in Iran not to mention more than 
80 minors who have been identified and reported by Stop Child Executions 
Campaign.

Stop Child Executions Campaign strongly condemns the barbaric execution of an 
innocent child by the Islamic Regime in Iran in violation of International law 
as well Iran's own laws. We further demand an international condemnation of 
Iran's regime for this murder and demand that those responsible be held 
accountable in the international community and in the Iranian courts.

We call on the United Nations to take a more proactive role in holding Iran's 
regime accountable for the recent executions and murders and to institute 
formal proceedings against those guilty of these crimes against humanity.

http://scenews.blog.com/2389856/
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