From the Human Rights Watch
Iran: Revoke Death Sentence in Juvenile Case
Dubious Conviction Based on Recanted Testimony Requires Re-Trial
(Washington, DC, November 3, 2007) - Iranian authorities should
immediately prevent the execution of Makwan Mouloudzadeh and commute his
death sentence, Human Rights Watch said today. Mouloudzadeh, 20, was
sentenced to death in May by a court ruling on questionable evidence for
a crime supposedly committed when he was a 13-year-old child.
On May 25, Branch Seven of the Penal Court of the city of Kermanshah
sentenced Makwan Mouloudzadeh to death on charges of raping three boys
as a 13-year-old. The court handed down the conviction despite
retractions on the part of his accusers during the trial and various
apparent violations of Iran's criminal procedure law.
"Makwan Mouloudzadeh faces death for crimes supposedly committed as a
13-year-old, which even his accusers admit never occurred," said Joe
Stork, deputy Middle East director at Human Rights Watch. "Ayatollah
Shahrudi, the head of the Judiciary, needs to act now to ensure that his
death sentence is revoked and Mouloudzadeh gets a new trial."
A journalist in Iran who has followed the case and spoken to
Mouloudzadeh told Human Rights Watch that the authorities have
determined the place where Mouloudzadeh is to be hanged in public,
indicating that his execution may be imminent.
In September 2006, three men complained to police in the northwestern
town of Paveh that Mouloudzadeh had raped them seven years earlier. The
police arrested Mouloudzadeh, and then humiliated him by shaving his
head, placing him on a donkey, and parading him around the town.
Iranian laws regarding "crimes of chastity" such as rape require that
the office of the public prosecutor send the case for complete
investigation to the penal court, where the judge may question the
accusers and arrange for examination by a physician.
Saeed Eghbali, Mouloudzadeh' s lawyer, told the Iranian press that the
office of the public prosecutor defied these laws, carried out
investigations on its own, and took the case to court, where the judge
refused to accept the accusers' retractions.
During court proceedings, Mouloudzadeh claimed that all confessions he
had made about the alleged crimes were false and coerced. The judge also
refused to accept Mouloudzadeh' s statements about being forced to admit
to crimes he had not committed and did not dismiss the case.
Under Iranian law, "crimes of chastity" such as rape are sent directly
to the country's Supreme Court for final review. On July 19, Iran's
Supreme Court approved the death sentence, which may be carried out at
any time.
Background
Iran leads the world in executing juvenile offenders - persons under 18
at the time of the crime - and is known to have executed two juvenile
offenders already this year. Syed Mohammad Reza Mousavi Shirazi, 20, was
executed in Adel Abd prison in the city of Shiraz on April 22, 2007 for
a murder he was found to have committed when he was 16. Sa`id Qanbar
Zahi was executed in Zahedan on May 27, 2007 for a crime he was found to
have committed when he was 17.
Human Rights Watch opposes capital punishment in all circumstances
because of its cruel and inhumane nature. In particular, in imposing
sentences of death on people for crimes committed before the age of 18,
Iran flouts clear and specific human rights obligations. The
International Covenant on Civil and Political Rights and the Convention
on the Rights of the Child, both of which Iran has ratified, bar the
imposition of the death penalty for such offenses. These provisions
reflect the reality that children are different from adults. They lack
the experience, judgment, maturity, and restraint of an adult.
Iranian officials claim that legislation pending in parliament since
July 2006 would end executions of juvenile offenders. In fact, the
legislation would only offer the possibility of reduced sentences in a
small minority of cases.
To read more of Human Rights Watch's work on executions of juveniles in
Iran, please visit:
* "Iran Leads the World in Executing Children, " at
http://hrw.org/ english/docs/ 2007/06/20/ iran16211. htm
Iran: Revoke Death Sentence in Juvenile Case
Dubious Conviction Based on Recanted Testimony Requires Re-Trial
(Washington, DC, November 3, 2007) - Iranian authorities should
immediately prevent the execution of Makwan Mouloudzadeh and commute his
death sentence, Human Rights Watch said today. Mouloudzadeh, 20, was
sentenced to death in May by a court ruling on questionable evidence for
a crime supposedly committed when he was a 13-year-old child.
On May 25, Branch Seven of the Penal Court of the city of Kermanshah
sentenced Makwan Mouloudzadeh to death on charges of raping three boys
as a 13-year-old. The court handed down the conviction despite
retractions on the part of his accusers during the trial and various
apparent violations of Iran's criminal procedure law.
"Makwan Mouloudzadeh faces death for crimes supposedly committed as a
13-year-old, which even his accusers admit never occurred," said Joe
Stork, deputy Middle East director at Human Rights Watch. "Ayatollah
Shahrudi, the head of the Judiciary, needs to act now to ensure that his
death sentence is revoked and Mouloudzadeh gets a new trial."
A journalist in Iran who has followed the case and spoken to
Mouloudzadeh told Human Rights Watch that the authorities have
determined the place where Mouloudzadeh is to be hanged in public,
indicating that his execution may be imminent.
In September 2006, three men complained to police in the northwestern
town of Paveh that Mouloudzadeh had raped them seven years earlier. The
police arrested Mouloudzadeh, and then humiliated him by shaving his
head, placing him on a donkey, and parading him around the town.
Iranian laws regarding "crimes of chastity" such as rape require that
the office of the public prosecutor send the case for complete
investigation to the penal court, where the judge may question the
accusers and arrange for examination by a physician.
Saeed Eghbali, Mouloudzadeh' s lawyer, told the Iranian press that the
office of the public prosecutor defied these laws, carried out
investigations on its own, and took the case to court, where the judge
refused to accept the accusers' retractions.
During court proceedings, Mouloudzadeh claimed that all confessions he
had made about the alleged crimes were false and coerced. The judge also
refused to accept Mouloudzadeh' s statements about being forced to admit
to crimes he had not committed and did not dismiss the case.
Under Iranian law, "crimes of chastity" such as rape are sent directly
to the country's Supreme Court for final review. On July 19, Iran's
Supreme Court approved the death sentence, which may be carried out at
any time.
Background
Iran leads the world in executing juvenile offenders - persons under 18
at the time of the crime - and is known to have executed two juvenile
offenders already this year. Syed Mohammad Reza Mousavi Shirazi, 20, was
executed in Adel Abd prison in the city of Shiraz on April 22, 2007 for
a murder he was found to have committed when he was 16. Sa`id Qanbar
Zahi was executed in Zahedan on May 27, 2007 for a crime he was found to
have committed when he was 17.
Human Rights Watch opposes capital punishment in all circumstances
because of its cruel and inhumane nature. In particular, in imposing
sentences of death on people for crimes committed before the age of 18,
Iran flouts clear and specific human rights obligations. The
International Covenant on Civil and Political Rights and the Convention
on the Rights of the Child, both of which Iran has ratified, bar the
imposition of the death penalty for such offenses. These provisions
reflect the reality that children are different from adults. They lack
the experience, judgment, maturity, and restraint of an adult.
Iranian officials claim that legislation pending in parliament since
July 2006 would end executions of juvenile offenders. In fact, the
legislation would only offer the possibility of reduced sentences in a
small minority of cases.
To read more of Human Rights Watch's work on executions of juveniles in
Iran, please visit:
* "Iran Leads the World in Executing Children, " at
http://hrw.org/ english/docs/ 2007/06/20/ iran16211. htm
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