Iran - Urgent Action Appeal From Amnesty

[CCADP]

URGENT ACTION APPEAL UPDATE

3 May 2005
Further Information on UA 87/05 issued 15 April 2005
Fear of imminent execution

IRAN: Abbas Hosseini (m), Afghan national, aged 19

The execution of Abbas Hosseini has been stayed until 8 May
2005. He had been scheduled to be executed on 1 May for a
murder committed when he was 17. If his execution goes ahead,
it will be in breach of treaties that expressly prohibit the use of
the death penalty for crimes committed by those under the age of
18.

According to reports on 30 April, the stay was granted in order
to give the victim's family another opportunity to accept payment
of compensation (diyeh) in return for the commutation of the
death sentence. The family has so far insisted that the death
sentence be carried out.

If the victim's family continue to insist on the death penalty, the
Supreme Leader of Iran, Ayatollah Sayed 'Ali Khamenei, may
still commute the death sentence or pardon Abbas Hosseini.
However, under Article 24 of The Islamic Criminal Code and
Article 110 of Iran's Constitution, the Supreme Leader can only
act if the Head of the Judiciary recommends a commutation or a
pardon.

BACKGROUND INFORMATION
As a state party to the International Convention on Civil and
Political Rights (ICCPR) and the Convention on the Rights of
the Child (CRC), Iran has undertaken not to execute anyone for
an offence committed when they were under the age of 18.

Nevertheless, 11 child offenders have been executed in Iran
since 1990, and at least 36 children are under sentence of death.
On 20 January 2005 Iman Farokhi was executed for a crime
committed when he was 17 years old. On the same day an
Iranian governmental delegation claimed that Iran does not
execute people under the age of 18, in a declaration to the United
Nations Committee on the Rights of the Child.

The Committee, which monitors states' implementation of the
CRC, urged Iran to immediately stay all executions of people
convicted of crimes committed when they were under 18, and
abolish the use of the death penalty in such cases. The
Committee said that it ''deplored'' the fact that Iran had continued
to carry out such executions even after it ratified the CRC,
including the execution that had taken place that day.

For the last three years, the Iranian authorities have been
considering legislation that would prohibit the use of the death
penalty for offences committed under the age of 18. Rasoul
Mohammadi, a 17-year-old boy who was due to be executed on
16 April at Esfahan prison was granted a stay of execution as a
result of ''ambiguities'' about his age (UA 86/05 issued 14 April 2005 and re-issued 18 April 2005).

RECOMMENDED ACTION: Please send appeals to arrive
as quickly as possible:
- welcoming the stay of execution granted to Abbas Hosseini;
- urging the Head of Judiciary to recommend to the Supreme
Leader that he pardon or commute the death sentence passed on
Abbas Hosseini, and
- calling on the Supreme Leader to pardon or commute the death
sentence passed on Abbas Hosseini on recommendation of the
Head of the Judiciary;
- 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 eighteen 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, and to abolish the death penalty as a sentence imposed on
persons for having committed crimes before the age of 18, as
required by article 37 of the Convention'';

APPEALS TO: (Please note that email addresses in Iran can
be unreliable. If you receive notification that your message
has not been delivered, please re-send your email. If it fails
again, please use fax numbers or postal addresses to send
your appeal. Letters to the authorities from abroad should
arrive in around four working days.)



Head of the Judiciary:
His Excellency Ayatollah Mahmoud Hashemi Shahroudi
The Judiciary
Ministry of Justice
Park-e Shahr
Tehran, Islamic Republic of Iran
Email: [e-mail] (mark 'Please forward to
HE Ayatollah Shahroudi')
Salutation: Your Excellency

Leader of the Islamic Republic:
His Excellency Ayatollah Sayed 'Ali Khamenei
The Presidency
Palestine Avenue, Azerbaijan Intersection
Tehran, Islamic Republic of Iran
Fax: [phone] (please mark 'For the attention of
the Office of His Excellency, Ayatollah al
Udhma Khamenei, Qom)
Email: [e-mail]
Salutation: Your Excellency

Article 90 Commission:
Chair of the Islamic Human Rights Commission
Mohammad Reza Faker
Enghlab Eslami Street, Vasal-e Shrazi
Nabsh-e Italia
Research Centre for Majlis-e Shoura-ye Eslami (Parliament)
Tehran, Islamic Republic of Iran
Fax: [phone]
Email: [e-mail] (mark 'Please forward to Head of
Article 90 Commission)
Salutation: Dear Sir

COPIES TO:
Speaker of Parliament:
Gholamali Haddad Adel
Majles-e Shoura-ye Eslami (Parliament)
Imam Khomeini Avenue
Tehran, Islamic Republic of Iran
Fax: [phone]



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: [phone]
Fax: [phone]

PLEASE SEND APPEALS IMMEDIATELY.

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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: [e-mail]
www.amnestyusa.org/urgent/
Phone: [phone]
Fax: [phone]