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Solutions to Stop Child Executions in Iran

Solutions to Stop Child Executions in Iran. www.stopchildexecutions.com October 2008. Contents. FACTS SOLUTIONS TO: IRAN SUPREME LEADER – Ayatollah Khamenei TO: IRAN HEAD OF JUDICIARY – Ayatollah Shahrudi TO: IRAN PARLIAMENT – Majlis TO: IRAN PRESIDENT AND RELATED MINISTERS

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Solutions to Stop Child Executions in Iran

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  1. Solutions to Stop Child Executions in Iran www.stopchildexecutions.com October 2008

  2. Contents • FACTS • SOLUTIONS • TO: IRAN SUPREME LEADER – Ayatollah Khamenei • TO: IRAN HEAD OF JUDICIARY – Ayatollah Shahrudi • TO: IRAN PARLIAMENT – Majlis • TO: IRAN PRESIDENT AND RELATED MINISTERS • TO: THE UNITED NATIONS • TO: International Community, Governments, European Union, Human Rights Organizations and Activists • TO: IRANIAN LAWYERS AND ACTIVISTS • TO: IRANIAN MEDIA, JOURNALISTS, ARTISTS, … • TO: THE PARENTS OF JUVENILE OFFENDERS • TO: THE GENERAL PUBLIC • REFERENCES • CONTACT

  3. FACTS: • As of October 2008 at least 140 juveniles are known to face execution in Iran. • As of October 2008 at least 6 juveniles have been executed in Iran. • Iran is the only country in the world who is known to have executed juveniles in 2008. • 32 juveniles are known to have been executed since 2005, Iran accounts for 26 of them.

  4. Article 37 of the International Convention on the Right of the Child : • Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age. • Iran is a signatory to this convention.

  5. Article 6.5 of International Covenant on Civil and Political Rights • “Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age “ • Iran is a signatory to this Covenant.

  6. TO: IRAN SUPREME LEADER Ayatollah Khamenei • Immediately commute all death sentences for those sentenced to execution for crimes committed before the age of 18.  • Order the Judiciary and Parliament to immediately implement the following recommendations:

  7. TO: IRAN HEAD OF JUDICIARY Ayatollah Shahdudi • Immediately implement a moratorium on all executions of persons convicted of crimes committed before the age of eighteen. 2   In conformity with the international juvenile justice standards immediately commute those sentences. • Ensure that children in conflict with the law have prompt access to impartial legal assistance, including assistance in proving their age at the time of an alleged offense, and require police, prosecution, and judicial authorities to record the ages of children who come before them. 2 • Ensure that judicial authorities understand and enforce the ban on juvenile death penalty, including providing judges and prosecutors with training on its application, and by ordering a review of all death sentences where there is doubt that the individual was over 18 at the time of the offense. 2 • Create a complete list of all juveniles who were sentenced to death for crimes committed before the age of 18, including their names, ages at the time of their alleged crimes, details of the their case and where they are being kept. • Order a complete review of all existing cases of juveniles facing executions at all stages of arrest, investigation, trial, and sentencing by judges trained in juvenile cases, and in developing sentencing options that promote the rehabilitation and social reintegration of children in conflict with the law. • Assure that juveniles are only tried in specialized juvenile courts by trained judges. • Assign a special desk to consult and accommodate both families of victims and of the accused.  Assign mediation and arbitration committees and counseling.

  8. TO: IRAN PARLIAMENTMajlis • Urgently revise and then approve the draft Juvenile Crimes Investigation Act to ensure that it explicitly prohibits the execution or life imprisonment without possibility of parole of those convicted of crimes committed under the age of 18, including those sentenced to qesas for murder or to death for hodoud crimes that carry the death penalty. • Revise the Iranian Penal code in accordance with Iran's obligations under the ICCPR and the CRC not to execute juvenile offenders. • Codify the Iranian Penal code to include a provision that juveniles only be tried in specialized juvenile courts by specialized judges to deal with adolescent sensitivities. • If convicted and sentenced to a prison term, it should be mandated in lran's Penal code to hold juveniles in juvenile detention and not in  cells with adults. • Remove Elm-e-ghazi (judges understanding) as a basis for issuing a verdict. • Revise Iranian legislation to ensure that anyone facing judicial execution by the state can seek pardon or commutation of their sentence, in line with Iran's obligations under Article 6(4) of the ICCPR. • Pass in to law the sale of all weapons including cold weapons such as knives to under 18 as illegal. • Endorse the terms of the Convention of the Rights of the Child (CRC) unconditionally.

  9. TO: THE UNITED NATIONS • Clearly state that the imposition of the death penalty on juvenile offenders is expressly prohibited by international human rights treaties and that the prohibition on such executions is so widely observed that it has attained the status of a peremptory norm of international law. 2 • Publish a report of the countries who have • 1. Not signed the ICCPR and CRC and urge them to sign and implement these treaties. • 2. Conditionally signed the ICCPR and CRC (e.g. Iran) and urge them to unconditionally sign and implement or fully remove their name from the list of countries which have approved the conventions as such countries simply use their signatures for lip service and propaganda while not fully committed to full implementations of the terms of their agreements. • 3. Signed or conditionally signed but do not comply. Demand their compliance or remove them from the list. • Issue deadlines and ultimatums to the above governments for immediate compliance otherwise address non-compliance through appropriate departments as well as at the UN General Assembly for disciplinary actions. • Call on Iran to put an immediate end to the practice and ensure that their legal codes do not permit the execution of persons who were under the age of 18 at the time of the offense for which they were convicted. 2 • Provide Iran with technical assistance and supervision in developing strong mechanisms to protect children at all stages of arrest, investigation, trial, and sentencing, and in developing sentencing options that promote the rehabilitation and social reintegration of children in conflict with the law. 2 • Arrange for regular UN visits of the juveniles and the prisons where they are being kept.

  10. TO: International Community, Governments, European Union, Human Rights Organizations and Activists • Demand the Iranian authorities to comply with the above recommendations and to announce an immediate moratorium on all executions of those convicted of an alleged offence under age 18 at the time of the crime, including those sentenced to qesas for murder. 1 • Demand the United Nations to implement the above recommendations. • Form an international coalition group of human, children and prisoner’s rights organizations and activists to address the issue of child executions jointly. 

  11. TO: IRANIAN LAWYERS AND ACTIVISTS • Create a coalition group of attorneys and human rights activists to assist juvenile offenders with a toll free phone number, website and email HOTLINE for access to the coalition attorney group. • Publicize this coalition to the general public through media, internet blogs and word of mouth so that minors facing  death sentence and their families will have someone to consult with prior to the court hearings as SCE has observed that most known cases seem to have been referred to specialized attorneys dealing with juveniles only after the initial execution verdicts had already been issued. • Create a standardized system and database of all children known to face execution and follow each case. To start with the SCE list of juveniles facing execution is the most comprehensive list at this time: www.stopchildexecutions.com/scedata.aspx. Additional information can be searched via SCE website at www.stopchildexecutions.com and SCE news blog at http://scenews.blog.com • Create a public relation contact or spokesperson to issue press releases and liaise with Iranian and international human rights groups, activists, news media, and the United Nations and Government authorities. • Form a committee to counsel and mediate between families of the victims and the accused.

  12. TO: IRANIAN MEDIA, JOURNALISTS, ARTISTS,  … • Investigate and report the full name, age and the news and details of the cases of juveniles facing executions as well as those who have been executed. Create documentaries, articles and artwork regarding the subject of child executions and its effect of the families and the society. • Warn adults , parents and especially the juveniles about the dangers of using weapons including knives. Promote proper self defense practices as well as use of tools such as pepper spray and alike for self defense by adults.

  13. TO: THE PARENTS OF JUVENILE OFFENDERS • Form support groups to communicate and share their experiences as well as forming a joint voice to address the media and well as demanding change to the laws from the government. Parents can also share their experiences in mediation with the families of the victims and in obtaining proper counsel.

  14. TO: THE GENERAL PUBLIC • Sign the Stop Child Executions Petition available in 6 languages (www.stopchildexecutions.com) and pass it on to your contacts. • Voice your opposition to Child Executions by holding legal and peaceful rallies and gatherings • Post a link to www.stopchildexecutions.com on blogs, internet forums and chat rooms. • Join and assist the  Stop Child Executions team of volunteers • Make a donation to Stop Child Executions • Write personal letters to the UN, at the following addresses, and ask them to pressure the Iranian Officials to stop the executions of those who have allegedly committed an offence before the age of 18. UN Secretary General, Ban Ki-moon and UN High Commissioner of Human Rights Navanethem Pillay Petitions Team Office of the High Commissioner for Human Rights United Nations Office at Geneva 1211 Geneva 10, Switzerland E-mail: tb-petitions@ohchr.org Fax: 41 22 917 9022 • Write a letter to the Iranian Authorities • Contact TV/Radio and Print Media about the plight of these children. • Write to country leaders & politicians, your local members of parliament and your minister of foreign affairs. • Write to International Organizations

  15. REFERENCES • Iran - The last executioner of children - AMNESTY INTERNATIONAL – June 2007 • Enforcing the International Prohibition on the Juvenile Death Penalty - HUMAN RIGHTS WATCH  submission for the Secretary-General's report on follow-up to General Assembly resolution 62/149 on a death penalty moratorium - May 30, 2008

  16. Contact Email: info@stopchildexecutions.com Web: www.stopchildexecutions.com News Blog: http://scenews.blog.com Non-commercial use of this document is authorized with reference to www.stopchildexecutions.com

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