Solutions to Solutions to Stop Child Stop Child Executions Executions

in Iranin Iran

www.stopchildexecutions.comwww.stopchildexecutions.com

October 2008October 2008

ContentsContents FACTSFACTS SOLUTIONSSOLUTIONS

TO: IRAN SUPREME LEADER – TO: IRAN SUPREME LEADER – Ayatollah KhameneiAyatollah Khamenei TO: IRAN HEAD OF JUDICIARY – TO: IRAN HEAD OF JUDICIARY – Ayatollah ShahrudiAyatollah Shahrudi TO: IRAN PARLIAMENT – TO: IRAN PARLIAMENT – MajlisMajlis TO: IRAN PRESIDENT AND RELATED MINISTERSTO: IRAN PRESIDENT AND RELATED MINISTERS TO: THE UNITED NATIONSTO: THE UNITED NATIONS TO: International Community, Governments, TO: International Community, Governments,

European Union, Human Rights Organizations and European Union, Human Rights Organizations and ActivistsActivists

TO: IRANIAN LAWYERS AND ACTIVISTSTO: IRANIAN LAWYERS AND ACTIVISTS TO: IRANIAN MEDIA, JOURNALISTS, ARTISTS, …TO: IRANIAN MEDIA, JOURNALISTS, ARTISTS, … TO: THE PARENTS OF JUVENILE OFFENDERSTO: THE PARENTS OF JUVENILE OFFENDERS TO: THE GENERAL PUBLICTO: THE GENERAL PUBLIC

REFERENCESREFERENCES CONTACTCONTACT

FACTS:FACTS:

As of October 2008 at least 140 As of October 2008 at least 140 juveniles are known to face execution juveniles are known to face execution in Iran.in Iran.

As of October 2008 at least 6 As of October 2008 at least 6 juveniles have been executed in Iran.juveniles have been executed in Iran.

Iran is the only country in the world Iran is the only country in the world who is known to have executed who is known to have executed juveniles in 2008.juveniles in 2008.

32 juveniles are known to have been 32 juveniles are known to have been executed since 2005, Iran accounts executed since 2005, Iran accounts for 26 of them.for 26 of them.

Article 37 of the International Article 37 of the International Convention on the Right of Convention on the Right of

the Child :the Child : Neither capital punishment nor life Neither capital punishment nor life

imprisonment without possibility of imprisonment without possibility of release shall be imposed for release shall be imposed for offences committed by persons offences committed by persons below eighteen years of age.below eighteen years of age.

Iran is a signatory to this Iran is a signatory to this convention.convention.

Article 6.5 of International Article 6.5 of International Covenant on Civil and Political Covenant on Civil and Political

RightsRights

““Sentence of death shall not be Sentence of death shall not be imposed for crimes committed by imposed for crimes committed by persons below eighteen years of persons below eighteen years of age “age “

Iran is a signatory to this Covenant.Iran is a signatory to this Covenant.

TO: IRAN SUPREME LEADER TO: IRAN SUPREME LEADER

Ayatollah KhameneiAyatollah Khamenei

Immediately commute all death Immediately commute all death sentences for those sentenced to sentences for those sentenced to execution for crimes committed execution for crimes committed before the age of 18. before the age of 18. 

Order the Judiciary and Parliament Order the Judiciary and Parliament

to immediately implement the to immediately implement the following recommendations:following recommendations:

TO: IRAN HEAD OF TO: IRAN HEAD OF JUDICIARY JUDICIARY Ayatollah ShahdudiAyatollah Shahdudi

Immediately implement a moratorium on all executions of persons Immediately implement a moratorium on all executions of persons convicted of crimes committed before the age of eighteen. 2   convicted of crimes committed before the age of eighteen. 2   In conformity with the international juvenile justice standards In conformity with the international juvenile justice standards immediately commute those sentences. immediately commute those sentences.

Ensure that children in conflict with the law have prompt access to Ensure that children in conflict with the law have prompt access to impartial legal assistance, including assistance in proving their age at the impartial legal assistance, including assistance in proving their age at the time of an alleged offense, and require police, prosecution, and judicial time of an alleged offense, and require police, prosecution, and judicial authorities to record the ages of children who come before them. 2 authorities to record the ages of children who come before them. 2

Ensure that judicial authorities understand and enforce the ban on Ensure that judicial authorities understand and enforce the ban on juvenile death penalty, including providing judges and prosecutors with juvenile death penalty, including providing judges and prosecutors with training on its application, and by ordering a review of all death sentences 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 where there is doubt that the individual was over 18 at the time of the offense. 2 offense. 2

Create a complete list of all juveniles who were sentenced to death for 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 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 time of their alleged crimes, details of the their case and where they are being kept. being kept.

Order a complete review of all existing cases of juveniles facing Order a complete review of all existing cases of juveniles facing executions at all stages of arrest, investigation, trial, and sentencing by executions at all stages of arrest, investigation, trial, and sentencing by judges trained in juvenile cases, and in developing sentencing options judges trained in juvenile cases, and in developing sentencing options that promote the rehabilitation and social reintegration of children in that promote the rehabilitation and social reintegration of children in conflict with the law. conflict with the law.

Assure that juveniles are only tried in specialized juvenile courts by Assure that juveniles are only tried in specialized juvenile courts by trained judges. trained judges.

Assign a special desk to consult and accommodate both families of Assign a special desk to consult and accommodate both families of victims and of the accused.  Assign mediation and arbitration committees victims and of the accused.  Assign mediation and arbitration committees and counseling.and counseling.

TO: IRAN PARLIAMENTTO: IRAN PARLIAMENTMajlisMajlis

Urgently revise and then approve the draft Juvenile Crimes Urgently revise and then approve the draft Juvenile Crimes Investigation Act to ensure that it explicitly prohibits the execution Investigation Act to ensure that it explicitly prohibits the execution or life imprisonment without possibility of parole of those convicted or life imprisonment without possibility of parole of those convicted of crimes committed under the age of 18, including those sentenced of crimes committed under the age of 18, including those sentenced to qesas for murder or to death for hodoud crimes that carry the to qesas for murder or to death for hodoud crimes that carry the death penalty. death penalty.

Revise the Iranian Penal code in accordance with Iran's obligations Revise the Iranian Penal code in accordance with Iran's obligations under the ICCPR and the CRC not to execute juvenile offenders. under the ICCPR and the CRC not to execute juvenile offenders.

Codify the Iranian Penal code to include a provision that juveniles Codify the Iranian Penal code to include a provision that juveniles only be tried in specialized juvenile courts by specialized judges to only be tried in specialized juvenile courts by specialized judges to deal with adolescent sensitivities. deal with adolescent sensitivities.

If convicted and sentenced to a prison term, it should be mandated 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 lran's Penal code to hold juveniles in juvenile detention and not in  cells with adults. in  cells with adults.

Remove Elm-e-ghazi (judges understanding) as a basis for issuing a Remove Elm-e-ghazi (judges understanding) as a basis for issuing a verdict. verdict.

Revise Iranian legislation to ensure that anyone facing judicial Revise Iranian legislation to ensure that anyone facing judicial execution by the state can seek pardon or commutation of their execution by the state can seek pardon or commutation of their sentence, in line with Iran's obligations under Article 6(4) of the sentence, in line with Iran's obligations under Article 6(4) of the ICCPR. ICCPR.

Pass in to law the sale of all weapons including cold weapons such Pass in to law the sale of all weapons including cold weapons such as knives to under 18 as illegal. as knives to under 18 as illegal.

Endorse the terms of the Convention of the Rights of the Child Endorse the terms of the Convention of the Rights of the Child (CRC) unconditionally.(CRC) unconditionally.

TO: THE UNITED TO: THE UNITED NATIONS NATIONS

Clearly state that the imposition of the death penalty on juvenile offenders is Clearly state that the imposition of the death penalty on juvenile offenders is expressly prohibited by international human rights treaties and that the expressly prohibited by international human rights treaties and that the prohibition on such executions is so widely observed that it has attained the prohibition on such executions is so widely observed that it has attained the status of a peremptory norm of international law. 2 status of a peremptory norm of international law. 2

Publish a report of the countries who have Publish a report of the countries who have 1. Not signed the ICCPR and CRC and urge them to sign and implement 1. Not signed the ICCPR and CRC and urge them to sign and implement

these treaties.these treaties. 2. Conditionally signed the ICCPR and CRC (e.g. Iran) and urge them to 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 unconditionally sign and implement or fully remove their name from the list of countries which have approved the conventions as such countries list of countries which have approved the conventions as such countries simply use their signatures for lip service and propaganda while not fully simply use their signatures for lip service and propaganda while not fully committed to full implementations of the terms of their agreements.committed to full implementations of the terms of their agreements.

3. Signed or conditionally signed but do not comply. Demand their 3. Signed or conditionally signed but do not comply. Demand their compliance or remove them from the list.compliance or remove them from the list.

Issue deadlines and ultimatums to the above governments for immediate Issue deadlines and ultimatums to the above governments for immediate compliance otherwise address non-compliance through appropriate compliance otherwise address non-compliance through appropriate departments as well as at the UN General Assembly for disciplinary actions. 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 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 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 18 at the time of the offense for which they were convicted. 2

Provide Iran with technical assistance and supervision in developing strong Provide Iran with technical assistance and supervision in developing strong mechanisms to protect children at all stages of arrest, investigation, trial, mechanisms to protect children at all stages of arrest, investigation, trial, and sentencing, and in developing sentencing options that promote the and sentencing, and in developing sentencing options that promote the rehabilitation and social reintegration of children in conflict with the law. 2 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 Arrange for regular UN visits of the juveniles and the prisons where they are being kept.being kept.

TO: International Community, Governments, TO: International Community, Governments, European Union, Human Rights Organizations European Union, Human Rights Organizations

and Activistsand Activists

Demand the Iranian authorities to comply Demand the Iranian authorities to comply with the above recommendations and to with the above recommendations and to announce an immediate moratorium on all announce an immediate moratorium on all executions of those convicted of an alleged executions of those convicted of an alleged offence under age 18 at the time of the offence under age 18 at the time of the crime, including those sentenced to qesas crime, including those sentenced to qesas for murder. 1 for murder. 1

Demand the United Nations to implement Demand the United Nations to implement the above recommendations. the above recommendations.

Form an international coalition group of Form an international coalition group of human, children and prisoner’s rights human, children and prisoner’s rights organizations and activists to address the organizations and activists to address the issue of child executions jointly.  issue of child executions jointly. 

TO: IRANIAN LAWYERS TO: IRANIAN LAWYERS AND ACTIVISTS AND ACTIVISTS

Create a coalition group of attorneys and human rights activists Create a coalition group of attorneys and human rights activists to assist juvenile offenders with a toll free phone number, to assist juvenile offenders with a toll free phone number, website and email HOTLINE for access to the coalition attorney website and email HOTLINE for access to the coalition attorney group. group.

Publicize this coalition to the general public through media, Publicize this coalition to the general public through media, internet blogs and word of mouth so that minors facing  death internet blogs and word of mouth so that minors facing  death sentence and their families will have someone to consult with sentence and their families will have someone to consult with prior to the court hearings as SCE has observed that most known prior to the court hearings as SCE has observed that most known cases seem to have been referred to specialized attorneys dealing cases seem to have been referred to specialized attorneys dealing with juveniles only after the initial execution verdicts had already with juveniles only after the initial execution verdicts had already been issued. been issued.

Create a standardized system and database of all children known Create a standardized system and database of all children known to face execution and follow each case. To start with the SCE list to face execution and follow each case. To start with the SCE list of juveniles facing execution is the most comprehensive list at of juveniles facing execution is the most comprehensive list at this time: this time: www.stopchildexecutions.com/scedata.aspxwww.stopchildexecutions.com/scedata.aspx. Additional . Additional information can be searched via SCE website at information can be searched via SCE website at www.stopchildexecutions.comwww.stopchildexecutions.com and SCE news blog at and SCE news blog at http://http://scenews.blog.comscenews.blog.com

Create a public relation contact or spokesperson to issue press Create a public relation contact or spokesperson to issue press releases and liaise with Iranian and international human rights releases and liaise with Iranian and international human rights groups, activists, news media, and the United Nations and groups, activists, news media, and the United Nations and Government authorities. Government authorities.

Form a committee to counsel and mediate between families of Form a committee to counsel and mediate between families of the victims and the accused.the victims and the accused.

TO: IRANIAN MEDIA, TO: IRANIAN MEDIA, JOURNALISTS, ARTISTS,  … JOURNALISTS, ARTISTS,  … Investigate and report the full name, age and Investigate and report the full name, age and

the news and details of the cases of juveniles the news and details of the cases of juveniles facing executions as well as those who have facing executions as well as those who have been executed. Create documentaries, articles been executed. Create documentaries, articles and artwork regarding the subject of child and artwork regarding the subject of child executions and its effect of the families and the executions and its effect of the families and the society. society.

Warn adults , parents and especially the Warn adults , parents and especially the juveniles about the dangers of using weapons juveniles about the dangers of using weapons including knives. Promote proper self defense including knives. Promote proper self defense practices as well as use of tools such as pepper practices as well as use of tools such as pepper spray and alike for self defense by adults. spray and alike for self defense by adults.

TO: THE PARENTS OF TO: THE PARENTS OF JUVENILE OFFENDERS JUVENILE OFFENDERS

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

TO: THE GENERAL TO: THE GENERAL PUBLIC PUBLIC

Sign the Stop Child Executions Petition available in 6 languages (Sign the Stop Child Executions Petition available in 6 languages (www.stopchildexecutions.comwww.stopchildexecutions.com) and pass it on to your contacts.) and pass it on to your contacts.

Voice your opposition to Child Executions by holding legal and Voice your opposition to Child Executions by holding legal and peaceful rallies and gatherings peaceful rallies and gatherings

Post a link to Post a link to www.stopchildexecutions.comwww.stopchildexecutions.com on blogs, internet forums on blogs, internet forums and chat rooms. and chat rooms.

JoinJoin and assist the  Stop Child Executions team of volunteers and assist the  Stop Child Executions team of volunteers Make a Make a donationdonation to Stop Child Executions to Stop Child Executions Write personal letters to the UN, at the following addresses, and ask Write personal letters to the UN, at the following addresses, and ask

them to pressure the Iranian Officials to stop the executions of them to pressure the Iranian Officials to stop the executions of those who have allegedly committed an offence before the age of 18. those who have allegedly committed an offence before the age of 18.

UN Secretary General, Ban Ki-moon andUN Secretary General, Ban Ki-moon andUN High Commissioner of Human Rights Navanethem PillayUN High Commissioner of Human Rights Navanethem PillayPetitions TeamPetitions TeamOffice of the High Commissioner for Human RightsOffice of the High Commissioner for Human RightsUnited Nations Office at GenevaUnited Nations Office at Geneva1211 Geneva 10, Switzerland1211 Geneva 10, SwitzerlandE-mail: E-mail: tb-petitions@ohchr.orgtb-petitions@ohchr.org

Fax: 41 22 917 9022Fax: 41 22 917 9022 Write a letter to the Write a letter to the Iranian Authorities Iranian Authorities     Contact TV/Radio and Print Media about the plight of these Contact TV/Radio and Print Media about the plight of these

children. children. Write to country leaders & politicians, your local members of Write to country leaders & politicians, your local members of

parliament and your minister of foreign affairs. parliament and your minister of foreign affairs. Write to International Organizations Write to International Organizations

REFERENCESREFERENCES

Iran - The last executioner of children - Iran - The last executioner of children - AMNESTY INTERNATIONAL – June 2007AMNESTY INTERNATIONAL – June 2007

Enforcing the International Prohibition on Enforcing the International Prohibition on the Juvenile Death Penalty - HUMAN the Juvenile Death Penalty - HUMAN RIGHTS WATCH  submission for the RIGHTS WATCH  submission for the Secretary-General's report on follow-up to Secretary-General's report on follow-up to General Assembly resolution 62/149 on a General Assembly resolution 62/149 on a death penalty moratorium - May 30, 2008death penalty moratorium - May 30, 2008

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