UA 059/08
IRAN
Fear of
Imminent
Execution
Shahrbano
Nedam (f),
aged 50
Tayebeh
Hojjati (f)
Akram (f),
aged 35
(full name
not known to
Amnesty
International)
Soheila (f),
aged 28
(full name
not known to
Amnesty
International)
Zahra (f),
aged 30
(full name
not known to
Amnesty
International)
MDE
13/041/2008
-
03 March
2008
According to
the
newspaper
E’temad, at
least two
women are
scheduled to
be executed
in Evin
Prison in
Tehran on 5
March. Three
others are
at risk of
imminent
execution.
All five
women were
convicted of
murdering
their
husbands and
sentenced to
qesas
(retribution
in kind).
The Head of
the
Judiciary
has the
power to
order a
suspension
of their
executions
at this
stage
Shahrbano
Nedam was
convicted of
killing her
husband 11
years ago.
She denies
killing him,
but said she
initially
confessed to
the murder,
for fear
that her son
would be
accused
instead.
Shahrbano
Nedam claims
her husband
committed
suicide. A
forensic
examination
reportedly
concluded
that this
was a
possibility.
Akram was
accused of
killing her
65-year-old
husband five
years ago.
She stated
that she was
forced into
the marriage
by her
family after
her first
marriage, to
a drug
addict,
failed, and
that she had
not wanted
to marry
him.
E’temad
claims that
another
woman,
Soheila, may
also be at
risk of
execution on
5 March,
although her
name has not
been
confirmed by
the judicial
authorities.
Soheila
killed her
five-day-old
son. During
her trial,
E'temad
states that
she
explained
that her son
was born as
a result of
a
relationship
outside
marriage
with a drug
addict who
had given
her a refuge
a year
previously.
As she
refused to
name the
father, the
complaint
against her
was made by
the Tehran
prosecutor,
and she was
sentenced to
qesas.
Two other
women are
also said to
be at
imminent
risk of
execution,
as their
death
sentences
have been
passed to
the Office
for the
Implementation
of Verdicts,
although no
date is
known to
have been
set. Tayebeh
Hojjati has
been held in
Evin for the
past eight
years after
conviction
for the
murder of
her husband.
Zahra, aged
30, was
convicted of
killing her
70-year-old
husband
after he
returned
home drunk
in January
2006.
Amnesty
International
recognizes
the rights
and
responsibilities
of
governments
to bring to
justice
those
suspected of
serious
crimes, but
opposes the
death
penalty in
all
circumstances
BACKGROUND
INFORMATION
In the
Iranian
Penal Code
murder is
punishable
by qesas-e
nafs, or
death.
Murder by
someone with
diminished
responsibility
may be
punishable
by the
payment of
diyeh, a
form of
compensation.
In cases of
premeditated
murder, the
family of
the victim
has the
right to ask
for their
relative’s
killer to be
put to
death. The
family can
also choose
to forgive
the culprit
and accept
payment of
diyeh
instead.
Also in the
Iranian
legal
system,
there is a
distinction
between
cases where
the penalty
is
"execution"
(hokm-e
‘edam) and
qesas,
although
people
sentenced to
qesas are
often
reported in
the media to
have been
sentenced to
death. In
Iranian law,
murder is
treated as a
private
dispute
between two
civil
parties –
the state’s
role is to
facilitate
the
resolution
of the
dispute
through the
judicial
process. In
this sense,
the death
penalty is
regarded as
being
imposed by
the state,
whereas
qesas is
imposed by
the family
of the
victim. As a
result,
sentences of
qesas are
not open to
pardon or
amnesty by
the Supreme
Leader,
whereas most
other death
sentences
can be
reversed by
the Supreme
Leader. This
is in
contravention
of Article 6
(4) of the
International
Covenant on
Civil and
Political
Rights, to
which Iran
is a state
party, which
says that in
the eyes of
international
law, Iran
remains
fully
responsible
for
respecting
and
protecting
the rights
of those
under its
jurisdiction,
irrespective
of the role
that private
parties may
play in the
administration
of justice
Amnesty
International
is also
campaigning
for an end
to
legislation
which
discriminates
against
women in
Iran,
including in
areas such
as marriage,
divorce and
child
custody,
which
Iranian
campaigners
believe
contributes
in some
circumstances
to women
committing
violent
crimes.
RECOMMENDED
ACTION
Please send
appeals to
arrive as
quickly as
possible, in
Persian,
Arabic,
English,
French or
your own
language:
- calling
for an
immediate
halt to the
executions
of Shahrbano
Nedam, Akram,
and Soheila,
who may all
be scheduled
for
execution on
5 March, as
well as the
executions
of Tayebeh
Hojjati and
Zahra, whose
executions
may also be
imminent;
- calling
for the
death
sentences of
all five to
be commuted;
- stating
that you
recognize
that
governments
have a right
and a duty
to bring to
justice
those
suspected of
criminal
offences,
but stating
your
unconditional
opposition
to the death
penalty, as
the ultimate
cruel,
inhuman and
degrading
punishment
and
violation of
the right to
life;
- asking for
details of
their trials
and any
appeals;
- urging the
Iranian
authorities
to bring
Iranian
legislation
into line
with their
international
human rights
obligations,
so that
people
sentenced to
death for
murder have
the right to
seek pardon
or
commutation
of their
sentence
from the
state.
APPEALS TO
Head of the
Judiciary,
Ayatollah
Mahmoud
Hashemi
Shahroudi,
Howzeh
Riyasat-e
Qoveh
Qazaiyeh /
Office of
the Head of
the
Judiciary,
Pasteur St.,
Vali Asr
Ave.,
south of
Serah-e
Jomhouri,
Tehran
1316814737,
Islamic
Republic of
Iran.
Email: info@dadgostary-tehran.ir
(In the
subject line
write: FAO
Ayatollah
Shahroudi)
Salutation:
Your
Excellency
Leader of
the Islamic
Republic,
His
Excellency
Ayatollah
Sayed ‘Ali
Khamenei,
The Office
of the
Supreme
Leader,
Islamic
Republic
Street -
Shahid
Keshvar
Doust
Street,
Tehran,
Islamic
Republic of
Iran.
Email: info@leader.ir
Salutation:
Your
Excellency
COPIES TO
President,
His
Excellency
Mahmoud
Ahmadinejad,
The
Presidency,
Palestine
Avenue,
Azerbaijan
Intersection,
Tehran,
Islamic
Republic of
Iran.
Email:
dr-ahmadinejad@president.ir
via website:
www.president.ir/email
Director,
Human Rights
Headquarters
of Iran,
His
Excellency
Mohammad
Javad
Larijani,
Howzeh
Riassat-e
Ghoveh
Ghazaiyeh,
(Office of
the Head of
the
Judiciary),
Pasteur St.,
Vali Asr
Ave.,
south of
Serah-e
Jomhuri,
Tehran
1316814737,
Islamic
Republic of
Iran.
Fax: +98 21
3390 4986
(please keep
trying)
Email:
fsharafi@bia-judiciary.ir
(In the
subject
line: FAO
Mohammad
Javad
Larijani)
int_aff@judiciary.ir
(In the
subject
line: FAO
Mohammad
Javad
Larijani)
Ambassade de
la
République
Islamique
d'Iran,
Thunstrasse
68,
Case
postale,
3000 Berne
6.
Fax: 031 351
56 52
E-mail:
secretariat@iranembassy.ch
Iran-Emb@bluewin.ch
PLEASE SEND
APPEALS
IMMEDIATELY