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The important point is that none of my clients have criminal records. They have, with no intention, unwillingly and by accident, have committed homicide and they have eventually been sentenced (to death) , based on point B of article 206 of the Islamic Penal Code. Among them there have also been cases when they have not committed the act themselves and due to young age and lack of rationality and reasoning have confessed to the crime. For example Mohammad Jahedi, born on 21st of September 1985, from Fasa County in the Province of Fars, took the blame for the murder of Mohammad Moradi, and has been in Adelabad prison of Shiraz for more than 5 years. On 1st of August 2001 Jahedi and two of his friends, Akbar Mousavi and Mohammad Moradi, went to the suburbs of the city of Fasa for fun and sightseeing. On the way back Akbar and Mohammad Moradi started a quarrel and Akbar stabbed the knife that he was holding into the back of Mohammad Moradi which killed him. The (remaining) two ran away and after the arrest , Mohammad Jahedi took the responsibility for the murder. Later Akbar also ended up in prison because of another quarrel, where he confessed in prison to his cellmates that he committed the crime . Unfortunately Akbar was killed after a while and the 4th division of the criminal court sentenced Jahedi to death based on three line items where the court ruling said : "regarding the accusation of murder of the deceased Mohammad Moradi (17) by Mohammad Jahedi (16), according to the legal medical investigation, the review of the police report and the confession of the accused, his guilt is certain, and therefore the court, according to article 205 of the Islamic penal code, sentences him to the death penalty." This case , because of the appeal by the accused, was sent to branch 34 of the Superior Court, and the members of the branch after investigating the file and in order to resolve some observed shortcomings sent the case back to the same branch. The mentioned branch stated that the verdict had been issued, taking into the consideration the confession of the accused and the knowledge of the judge from all the obvious considerations and facts of the case. But consequentially branch 34 of the Supreme Court was closed and the case was sent to branch 27, where the judges without paying attention to the given reasons and the appeals of the accused, approved the verdict. Through investigation and research of cases involving children it has been discovered that there are many such cases, therefore equity and justice dictates that more attention must be given to children under 18 who are more gullible and who can easily be fooled in the admittance of a crime. The chance of a second life shall be given to them because there are possibilities that they did not commit the crimes, and because our laws regarding judging quarrels in criminal cases have some fundamental flaws and such verdicts are issued with uncertainty and doubts. Additionally majority of the crimes committed by children are not the results of organized plots, intentional or elaborate, but mostly because of jokes or fights that have suddenly occurred.
On 24 of September 2007 I drafted a letter addressed to the head of the judiciary and respectfully asked him to order a halt to carrying of the execution of those who have committed a crime before the age of 18 until the finalization of the draft law regarding the crimes of children and teenagers, which has been submitted to the parliament in February of 2004 and to date has been set aside. I have not yet received any reply to my letter. Therefore, given my responsibility for the lives of my clients and other children accused of crimes, I am pleading to you, the representatives of people, that considering the importance and urgency of this matter; to take all the required measures such that this draft law abolishing the death penalty for children under 18, be presented as soon as possible in the open session of the parliament and to be passed so that we no longer witness to the execution of children who unintentionally or unknowingly may have committed a crime.
With respectful regards,
Mohammad Mostafai,
Lawyer for many convicted to death
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Execution oc children in Iran
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