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The head of the judicial branch threw out the death sentencing order (Ghesas) of a youth but another youth is on the verge for execution
By IHRV | September 18, 2008
The three youths committed accidental murder during a fight in three separate cases and, at the present time, one of them must go for a new round of trial, another is on the verge of execution and third youth has managed to win clemency from the victim’s family members.
On the first case:
At 7:00 pm on 21 Mordad 1382 (August 12, 2003), a police patrol in Navab section was notified that a youth identified as Hosein had injured a victim during a fight and had run away from the scene. Police immediately surrounded the area and apprehended Hosein and his friend, who had also participated in the fight. During the investigation it became known that Hosein, during a fight, had thrown a galvanized piece of metal against the victim, striking him in the chest. Hours later the victim died in the hospital. Hosein was interrogated again and he told police that he and his friend, identified as Amrullah, trespassed in a building while under construction to use the bathroom. After he came out of the bathroom, he found his friend and the victim fighting. He intervened and tried to separate the fighting parties, at which point the victim lunged at him. Hosein said he was not looking for a fight, but the victim did not listen – Hosein tried to get away from the area along with his friend, but they were attacked by building security and another round of fighting began. “There were too many of them,” he stated, so “I took a piece of galvanized metal that had been made into the shape of a knife from my pocket and placed it in front of my chest – suddenly, the young man came toward me, I do not know how my knife struck him in the chest. All I remember is that the victim was holding his chest and others were yelling ‘get the murderer’.”
Considering the statement by Hosein, the case was sent to Tehran province criminal court. Hosein, who was on trial in Tehran province branch 74, recanted his statements and said that he was not the attacker and others has also participated in the confrontation, and it is possible they could have committed the murder. Regardless, the majority of the presiding judges issued the death sentence (Ghesas). The sentencing was confirmed by the Supreme Court, but in a later stage the order was recinded. The judges associated with the office of Ayatullah Hashemi-Shahroodi, after reviewing the case, stated that the convict had stabbed the victim without prior intention and additionally he did not have a knife. Also, the eyewitnesses in their statement have not directly identified Hosein as the attacker. As a result, we cannot sentence the convict to death with his mere confession. Accordingly, the head of the judicial office struck down the ruling and sent the case back to the Supreme Court. Regardless, the Supreme Court did not consider the judicial office’s argument ,nd confirmed the death sentencing. After that, the death sentencing of Hosein was reissued by Supreme Court judges. Until, for the third time, the office of Ayatullah Shahroodi did not consider the death sentencing justifiable and ordered the case to be sent to branch 71 of the criminal court in Tehran, to give Hosein yet another chance to defend himself and remove the shadow of death.
On the second case:
In the second case, the death sentence was confirmed by the head of the judicial force against a youth who had killed another man during a fight.
On 17 Mordad 1384 (August 8, 2005) Shiraz police were informed that a young man identified as Reza was stabbed and killed by a 15 year-old youth identified as Rahim, and that the attacker fled the scene.
While police started a widespread manhunt, Mr. Rahim tuned himself in the day after the accident. “During the investigation,” Rahim said, “the day before the incident Reza and two of his friends confronted me. They beat me and then ran away and of course, I hit them back. Next day, they came after me again, I was standing in front of the door, when they attacked me. There were three of them, when then attacked me, I managed to get the knife from one of them. In my own defense, I stabbed Reza.” Rahim added, “I had not planned to kill anyone and if I had not hit Reza, they would have hit me. Although Rahim was not more than 15 years old, the presiding judges considered him an adult from a religious perspective and sentenced Rahim to death and transferred him to Adelabad prison in Shiraz. The sentencing was confirmed by the Supreme Court and sent to Ayatullah Shahroodi for approval, where the sentencing was also confirmed. A few days ago the sentencing was submitted to Rahim in jail, and he is now in death row waiting for his execution.
On the third case:
Another youth, whose death sentence had been confirmed, managed to win clemency from the victim’s family and was saved from certain death. The case of Iman, a 16 year-old youth who had committed a murder was filed on 3 Tir 1385 (June 24, 2006). He was charged with killing a young man identified as Amir, and later he was arrested by the Golpayegan police in Isfehan. Describing the day of incident, Iman said: “for the past two months Amir was saying bad things about me. On the day of incident, Amir got into a confrontation with my friend and to support my friend, I entered the fight. The confrontation happened in different sessions and Amir kept overcoming me, out of fear, so I threw a knife at him which killed him.”
The presiding judges in the Isfehan criminal court convicted Iman in trial and, once the case traversed its court procedures and reached its final state, the victim’s family members announced their clemency and in this way the young men was saved from certain death.
Source: Etemad Newspaper
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September 19th, 2008 at 12:48 am
Why can’t Iran get it together and realize that child execution is the most horrific thing they can do? We should go in there and free them already. This is terrible and should not be happening in this world.