Peyvast
Peyvast has moved to beyondmedia.blog.comArchive for July 5th, 2009
Dug your own grave? گور خود را مي کني
by David ET on Jul.05, 2009, under Uncategorized

My friend Maryam just received this letter from a very religious relative in Iran. It shows how tired even religious people are from the regome and its deceits. I was going to suggest to those who can not read Persian to use Google’s newly added Persian translation feature but I just tested it and it still needs much improvement and hard to comprehend.
Iran Child Executions Chart
by David ET on Jul.05, 2009, under Uncategorized
Here is a chart that Nazanin Afshin-Jam and I created. Others are in Excel format and I am not sure how to post them to a blog.
| Children executed since 2004: | ||||||||
| Country/Year | 2004 | 2005 | 2006 | 2007 | 2008 | Jun-09 | Total | |
| Iran | 3 | 8 | 4 | 10 | 8 | 3 | 36 | |
| Saudi Arabia | 2 | 2 | ||||||
| Sudan | 2 | 2 | ||||||
| Pakistan | 1 | 1 | ||||||
| China | 1 | 1 | ||||||
| Total | 4 | 10 | 5 | 10 | 8 | 5 | 42 | |
Child Executions in Iran: Theological Challenges
by David ET on Jul.05, 2009, under Uncategorized
“An eye for an eye and a tooth for a tooth, and the whole world will be blind and tooth less”
Mahatma Gandhi
Theological Challenges:
The intent of this section is not to offer a religious analysis of Sharia law but to present some of the discrepancies within it as well as to raise some questions for the experts in this area. This chapter will address Sharia law in reference to execution as a penal form of punishment , as well as the Sharia definition of the legal age of responsibility.
Only 5 out of the 192 UN recognized countries in the world, still continue to carry out child executions. They include Iran, Saudi Arabia, Sudan, Yemen and Nigeria, all governed by some form of Islamic Sharia laws. Like other religions and philosophies there are many different sects and viewpoints of Islamic teachings and laws.
The primary roadblock to challenging countries who are ruled by Sharia is their belief in the divinity of the source of the laws which makes them reluctant to any kind of change or reform.
The Islamic Republic of Iran follows the 12-Imam Shia sect of Islam. Even within their own religious circles, there is not a singular viewpoint shared by all on certain interpretations of Islamic law and how the state should be governed. In Iran, there is velayat-e faqih, who acts as the Supreme Leader of the country responsible for …..His council fo guardsian…..
Those particular members of the clergy and religious experts who have publicly questioned the velayat-e faqih and have advocated for the separation between Mosque and State have been silenced through imprisonment and torture. Ayatollahs Montazeri who is under house arrest and Ayatollah Seyyed Hossein Kazemeyni Boroujerdi in prison, are only two examples of Islamic Shia leaders who have voiced their discontent and faced harsh consequences.
The subject of child executions has also been a sensitive subject of debate. Human Rights advocate Emaddedin Baghi who among other efforts has theologically challenged child executions in Iran has been imprisoned several time. Also when former parliamentary speaker Ayatollah Mehdi Karroubi, asked for a stop to child executions in Iran during his 2009 presidential campaign he was strongly opposed by the official newspaper Kayhan and was accused of regurgitating Zionist propaganda. http://televisionwashington.com/floater_article1.aspx?lang=en&t=1&id=10100
Islamic Sharia law is supposed to be based on teachings from the holy book of Muslims, the Quran, as well as from quotes and stories from their prophet Mohammad. In the case of Shia Islam, practices of 12 Shia Imams are also used as additional guides of references. Narrations are not often clear or specific in nature and are subject to interpretations and exceptions. Many of the quotes by the prophet and the Imams are also undocumented hearsay.
“The demand to end juvenile executions does not contradict Islamic Sharia law…top Iranian clerics some 80 years ago banned juvenile execution in the country” Shirin Ebadi, Nobel Prize laureate
PUNISHMENTS
Islamic Sharia punishments in Iran have been categorized in to 3 areas:
|
Sharia Crime |
Meaning |
Punishment |
Example |
|
Qesas |
Crimes against individuals
|
Retribution in kind “an eye for an eye”
Usually Corporal- Imposed by state. Decision to pursue , pardon or accept Diyeh (fines and blood money) remains with victim or first of kin-
Includes Death Penalty (not open to pardon by supreme leader and only by victim’s family) |
Homicide, Bodily injury
|
|
Hadd (Hudud) |
Crimes against Divine will
|
Prescribed by Islamic law
Includes Death Penalty.
no plea-bargaining or reducing the punishment
(not open to pardon by supreme leader)
|
Adultery for the fourth time, incest, rape, fornication, drinking alcohol for the third time, sodomy or same-sex sexual conduct between men without penetration for the fourth time, lesbianism and fornication each for the fourth time. Murder; Apostasy from Islam, making war upon Allah and His messengers, Theft, Adultery, Defamation , False accusation of adultery or fornication, Robbery, Alcohol-drinking [any intoxicants]
|
|
Ta’zir |
Crimes against Society |
Fines, cancellation of licenses, closure of business premises, forced residence, travel restrictions and denial of other rights (such as the right to work in a particular profession – Includes Death Penalty (open to pardon) |
Cursing the Prophet of Islam and narcotics offences.
|
“How is it that in banking principles we look to the law of the land rather than Islamic law, but when it comes to final verdicts, such as execution, we insist on implementing the exact word of Islamic law rather than law of the land?”
Gholamhossein Raeisi, president of human rights committee of Bar Association of Fars province
Due to domestic and international pressure, the government of Iran in recent years has reduced the number of child executions under Hodud and Ta’zir laws. However qesas sentences remain high and on the rise. Quesas is the crime that allows the family of the victim to seek retribution, or in other words, “an eye for an eye”. The Iranian judiciary differentiates between qesas (talion) from the word E’dam meaning execution by order of the state. . (ref: Jamshidi Interview)
For the purpose of this discussion we will only address Islamic references to Qesas:
(Ref: http://www.islamicity.com/mosque/Surai.htm)
While studying Quaranic verses, one must keep in mind the time in history when they were written -during the life of prophet Mohammad- the context and the specific cases .
In some of its verses, the Quran has prescribed the death penalty, ‘qesas ‘ as the right to retribution; however within the same sentence it often has insisted on fair judgment, justice, patience, restraint and forgiveness:
2: 178 - O ye who believe! The law of equality is prescribed to you in cases of murder: the free for the free, the slave for the slave, the woman for the woman. But if any remission is made by the brother of the slain, then grant any reasonable demand, and compensate him with handsome gratitude, this is a concession and a Mercy from your Lord. After this whoever exceeds the limits shall be in grave penalty.
2: 179- In the Law of Equality there is (saving of) Life to you, o ye men of understanding; that ye may restrain yourselves.
2: 194 - The prohibited month for the prohibited month,- and so for all things prohibited,- there is the law of equality. If then any one transgresses the prohibition against you, Transgress ye likewise against him. But fear Allah, and know that Allah is with those who restrain themselves.
5: 45 - We ordained therein for them (Moses):“Life for life, eye for eye, nose or nose, ear for ear, tooth for tooth, and wounds equal for equal.” But if any one remits the retaliation by way of charity, it is an act of atonement for himself. And if any fail to judge by (the light of) what Allah hath revealed, they are (No better than) wrong-doers.
6: 151 - Say: “Come, I will rehearse what Allah hath (really) prohibited you from”: Join not anything as equal with Him; be good to your parents; kill not your children on a plea of want;- We provide sustenance for you and for them;- come not nigh to shameful deeds. Whether open or secret; take not life, which Allah hath made sacred, except by way of justice and law: thus doth He command you, that ye may learn wisdom.
“We know there are reformist Muslims in Iran, some of them theologians, and with this prayer we ask all Muslims of conscience and courage to speak out against child executions now…. nobody needs justice more than those who cannot speak for themselves – children.As faithful Muslims, we honor your call. As reform-minded Muslims, we will not be silent.” Irshad Manji (Project Ijtihad)
17: 33 - Nor take life - which Allah has made sacred - except for just cause. And if anyone is slain wrongfully, we have given his heir authority (to demand qhisas or to forgive): but let him nor exceed bounds in the matter of taking life; for he is helped (by the Law).
42: 40 -The recompense for an injury is an injury equal thereto (in degree): but if a person forgives and makes reconciliation, his reward is due from Allah. for ((Allah)) loveth not those who do wrong.
In addition to stressing on assurance of justice, the Quran has considered human life as sacred and valued to the extent that it has equated the killing of one human to the killing of all human kind:
5:32. - On that account: We ordained for the Children of Israel that if any one slew a person - unless it be for murder or for spreading mischief in the land - it would be as if he slew the whole people: and if any one saved a life, it would be as if he saved the life of the whole people. Then although there came to them. Our apostles with clear signs, yet, even after that, many of them continued to commit excesses in the land.
It is also said that the messenger of Islam, Muhammad, has strongly emphasized value and importance on human life :
“I swear to Allah that the world and what is in it is less valuable than killing of a believer.“
“In front of Allah, killing a believer is more important than the destruction of the world”
(Ref: Ahmad Ben Hussein beyhaghu. Alsonan Kobra – page 22)ا
Some Islamic jurists assert that due to such a strong emphasis on the value of human life and possibility of human error in judgment combined with the emphasis on equation, justice, patience, restraint and forgiveness it is practically impossible to issue a death sentence in Islam.
Iranian Scholar Emaddedin Baghi in his report about child executions in Iran writes: ““none of the various types of death sentence in the Iranian applicable laws are rooted in the Quran. Only one type of death sentence has been accepted in the Quran and that is qesas-e nafs (retribution in kind), i.e. in a case where a person commits murder of an innocent soul with previous intention, previous decision, ill intention and premeditation. The -punishment for a mohareb {enemy of God} also falls under the qesas provisions. Stipulating this single type of death sentence is of course takhyeeri not ta’yeen. (“Obligatory with choice where there are several alternatives” and not “Absolutely obligatory where there is no alternative” respectively.) Avoiding the execution or qesas of the offender does not prohibit the administration of other punishments. If the Quran and Islamic canonical arguments of the previous studies concerning lack of contradiction between a moratorium on qesas and the Sharia were to be accepted, it would clearly be possible to prevent the qesas of the under-18 people”(ref)
“There are many different interpretations of Islamic law by different leaders, philosophers and Islamic lawmakers which proves that the laws must be changed to be in accordance to the present time”
Attorney and Sociologist Dr. Mohammad Seifzadeh
AGE OF RESPONSIBILITY
Those in the animal kingdom cross the border of childhood when they are capable of reproduction. Some of the Islamic Scholars believe that Islam has not distinguished any difference between animals and humans in this regard and a human child’s age of responsibility also coincides with his or her biological capability to reproduce.
Regardless of puberty or age, the Quran does not hold animals responsible for their actions because it considers animals incapable of distinguishing between right and wrong and despite the puberty of animals it takes in to their mental inability to understand the adverse consequences of their actions.
However the same Islamic Scholars believe that at the same point of physical and biological ability to produce sperm or egg, somehow the human mind suddenly becomes capable of distinguishing all the rights from wrong and therefore a child at puberty should be held fully accountable for his/her action to the point of being executed as a consequence of a committed crime.
Muslim viewpoints on maturity vary and there is no universal age of legal responsibility that is agreed upon. The only area that the majority of Islamic scholars seem to universally concord is that after puberty boys and girls are obligated to practice their religious duties such as daily prayers, fasting, etc.
The Islamic ruling is that a normally developing child who has reached puberty should be able to remember religious routine such as daily prayer ; it does not necessarily translate to meaning that reaching physical maturity accords penal responsibility.
Claims by some Islamic jurisprudents that the age of criminal responsibility for girls is 9 and 15 for boys (lunar years) is unsubstantiated as the Quran has not identified a specific age for puberty.
24: 58 - O ye who believe! let those whom your right hands possess, and the (children) among you who have not come of age(reached puberty)ask your permission (before they come to your presence), on three occasions: before morning prayer; the while you take off your clothes for the noonday heat; and after the late-night prayer: these are your three times of undress: outside those times it is not wrong for you or for them to move about attending to each other: Thus does Allah make clear the Signs to you: for Allah is full of knowledge and wisdom.
24: 59 - But when the children among you come of age(reach puberty), let them (also) ask for permission, as do those senior to them (in age): Thus does Allah make clear His Signs to you: for Allah is full of knowledge and wisdom.
The only obvious point from the above two verses is that the Quran recognizes that children reaching the age of puberty become more sexually aware after reaching puberty and therefore one should be more cautious when undressing in front of them. It does not however make reference to their level of understanding or maturity in other matters of life. To identify such an age as the age at which a child should be hung for criminal offences is a major stretch of Islamic law.
Even when it comes to a girl’s sexual puberty, Ayatollah Sane’ states: “the age of 9 does not automatically lead to permission for sexual intercourse and having a husband; there are other restrictions too and the age condition shall not be the soul issue”. Sheikh Toosi, has also mentioned different ages and criteria’ for Islamic duties such as prayers and fasting
The same applies to the other source of reference for Islamic law and Hadith where no reference has been found to the age of penal responsibility.
Short of such proof, the age of penal and civil responsibility seems to have been left to Moslems civil society to determine. It is common among the Islamic scholars that when they are not sure about a specific practice, they rule for the more general opinions which can encumber all others and avoid more narrow rulings. Obviously such practice especially should be of the most concern when it comes to the matters of life and death of a juvenile.
When dealing with their own finances and banks, the same proponents of inflexibility of Islamic Sharia laws have long justified and overlooked direct Islamic laws not to pay or collect interest on money, however when it comes to the matter of life and death of juveniles where there are no concrete Islamic rulings about the age of penal responsibility, the same ones have been defending g the most extremist and narrow views! While they claim inflexibility of Islamic rulings, even the founder of the Islamic Republic Ayatollah Khomeini reversed his long held Sharia ruling and authorized playing chess and eating sturgeon. The whole concept of Ijtihad which is widely believed by Shiites is based on adaptation of Islamic Sharia with the necessities of time.
Grand Ayatollah Abdolkarin Mousavi Ardebili states: “Islam suggests children who commit an offence, which is punishable if committed by an adult, be corrected. As I have mentioned in several of my jurisprudential publications, correction is different from punishment. Unfortunately many people do not draw a distinct line between the two.”
In addition to the difference of opinion about the actual age of responsibility, some Islamic authorities such as Ayatollah Nouri from city of Hamadan (Iran) believe that Islam allows flexibility in the punishment and he has agreed the reduction of sentencing for below 18 juveniles “can be done”.
Ayatollah Makarem Shirazi has also stated: “for the sentencing of the underage adolescents, the maturity level has to be considered, in the case of any suspicion and if such sentencing would deface Islam throughout the world, per the judge’s discretion, there can be reductions in the severity of the sentence. “
Additionally age of puberty is subject to climate, genetics, environmental, geographical and other factors and many girls and boys reach the age of puberty after 9 and 15 years of age. Therefore even if
“the penal responsibility should be basically considered on the basis of maturity not on the basis of puberty …It is not a matter of dispute if a child may be given the qesas sentence or not. The dispute is about: who is a child? When will they have penal responsibility?”
Emaddedin Baghi
one agrees that sexual puberty in Islamic is the same as age of legal, penal and criminal responsibility, fixating 9 and 15 in the sharia law to the point of executing a child who may not have reached sexual puberty at those ages would still be in violation of the narrowest viewpoints.
It should be noted the lunar ages of 9 and 15 equate to 8 years and 8 months for girls and 14.5 years for boys. (ref. http://en.wikipedia.org/wiki/Lunar_calendar)
In fact the Quran has recognized the difference between maturity and puberty when it comes to general understanding as well as financial capability of children that it does not expand the same logic to even a more restrict concept of legal responsibility to the point of taking his or life if found guilty of crime :
4:6 - And test the orphans until they attain puberty; then if you find in them maturity of intellect, make over to them their property, and do not consume it extravagantly and hastily, lest they attain to full age; and whoever is rich, let him abstain altogether, and whoever is poor, let him eat reasonably; then when you make over to them their property, call witnesses in their presence; and Allah is enough as a Reckoner (http://www.theholyquran.org/?x=s_main&y=s_middle&kid=15&sid=4)
17: 34 - Come not nigh to the orphan’s property except to improve it, until he attains the age of full strength; and fulfill (every) engagement, for (every) engagement will be enquired into (on the Day of Reckoning).
12: 22. When he attained His full growth, We gave him power and knowledge: thus do We reward those who do right.
Iranian scholar Emaddedin Baghi referring to this verse states that the Arabic “word used in those verses is ‘jaza’ which does not exclusively mean “reward”. It has frequently been used in the Quran to mean punishment. But here, the meaning intended is ‘reward’ because it is for the people who do good. This issue is one of the key points in the discussion of right of children in the Quran and the criterion being the age of maturity (not puberty) for giving punishment, which has consistently been neglected. Because when “growth” is the criterion for granting power and reward to good-doers, that will be a fortiori the criterion for punishment too….. Verses 185 of Baqara, 78 of Hajj and 157 of Araf also express the same concept of the rule of indulgence in Sharia. Thus the laws (and the Sharia) should be interpreted wider in favour of the defendant. Hence, assuming the indication of 18 years for maturity and saving children and adolescents from irreparable punishments is compatible with this logic.”
In one of the verses from the Quran when addressing the growth of a child, it defines the full age of maturity as 40, therefore it is obvious that the Quran has recognized different ages of mental growth beyond the claimed age of puberty at 9 and 15 :
46: 15 - We have enjoined on man kindness to his parents: In pain did his mother bear him, and in pain did she give him birth. The carrying of the (child) to his weaning is (a period of) thirty months. At length,
when he reaches the age of full strength and attains forty years, he says, “O my Lord! Grant me that I may be grateful for Thy favour which Thou has bestowed upon me, and upon both my parents, and that I may work righteousness such as Thou mayest approve; and be gracious to me in my issue. Truly have I turned to Thee and truly do I bow (to Thee) in Islam.”
It is almost unanimously agreed upon by both Sunnis and Shiite Muslims, that Islam emphasized extreme caution in exercising justice when it comes to taking a life . According to “Dor’Rule”, in case of any doubt or hesitation of Hudud and Quesas rulings, it is to be halted .
A juvenile’s intent for an offence and the age of mental maturity and should be enough cause for hesitation, or reasonable doubt under Islamic Dor’ rule to make child executions forbidden.
Ayatollah Montazeri states: “Maturity means the power of understanding financial benefit and loss, and that is the condition for absence of minority for financial possession, it is not a condition for implementation of hodoud and qesas, however mental maturity meaning the power to distinguish and to understand bad and good, prohibition and necessity, is the condition for penal responsibility. Thus, if an individual is not mature in that sense, hodoud shall not be implemented on them. Maturity in this sense is normally inherent with and ascertainable by examining the indications of puberty, unless otherwise proved. It is clear that the condition for other hodoud and punishments is knowledge of prohibition. Thus if there are claims of lack of knowledge of an action being prohibited in cases that are likely by the wise, as is normally the case with the newly pubescent people, it would not be possible to implement the hodoud” (Dor’ rule)
However such views are not shared by those within the ruling circle of the Islamic Republic of Iran. According to the spokesperson of the judiciary Alireza Jamshidi: “Ghesas is a religious right, and it has to be obeyed…..In this regard the Guardian Council has delineated the conflict between the legal and religious laws – in this case the Council has reverted to the side of religious laws”.
Others like Mohammad Ali Ebrahim-Khani the head of Penal Appeal courts in Tehran promote continuation of sentencing children to death in fear of extension of abolition of death penalty to adults as if the execution of children should be continued in order not to give in to the demand for total abolition of execution for all: “If we accept not executing those under 18 what is the guarantee that they do not want to force us not to enforce execution for those older than that?”
Even if one ignores or disagrees with everything mentioned here, those who continue to insist that Islam has determined the age of puberty as the age of responsibility to the extent of execution still cannot deny that:
Not executing those under the age of 18 is not in violation of Islam.
Laws of the Islamic Republic of Iran pertaining to child executions
by David ET on Jul.05, 2009, under Uncategorized
“Consequently, all of the death sentences issued by the respectful members of the judiciary for crimes committed prior to attaining the age of 18 years, are in violation of Sharia law and should be reversed.
Mohamamd Mostafaei, Children Rights attorney representing more than 20 juveniles facing execution
“Consequently, all of the death sentences issued by the respectful members of the judiciary for crimes committed prior to attaining the age of 18 years, are in violation of Sharia law and should be reversed.
Mohamamd Mostafaei, Children Rights attorney representing more than 20 juveniles facing execution
Child execution is not only in violation of United Nations conventions but it also violates Iran’s own law:
· Article 37 of Constitution of the Islamic Republic states : “International treaties, protocols, contracts, and agreements must be approved by the Islamic Consultative Assembly (Parliament).” (http://www.iranchamber.com/government/laws/constitution_ch06.php)
· Iranian Parliament committed to the United Nations Conventions on the Right of the Child (CRC) and International Covenant on Civil and Political Rights (ICCP) on following dates (note all approvals after 1979 were by the parliament of the Islamic Republic):
o CCPR-International Covenant on Civil and Political Rights: 31/12/94
, 21/03/83, 12/05/92 , 22/02/77, 02/04/82
o CRC-Convention on the Rights of the Child: 11/08/2001 , 16/07/2002
, 11/08/96, 09/12/97, 05/09/91, 12/08/94, 01/09/1994
· Guardian Council on January 24, 1994 determined that the Convention on the Rights of the Child is compatible with Islam with the following exceptions:
o item1-article12
o items1, 3 - article 13
o items 1, 3- article14
o item 2 - article 15
o item 1-article16
o item 1-article29
o Item 37 of CRC which prohibits child execution was NOT excluded.
o (ref: Mohammad Mostafaei: http://schrr.net/spip.php?article2531)
· Article 96 of the constitution of the Islamic Republic stipulates: “The determination of compatibility of the legislation passed by the Islamic Consultative Assembly (parliament) with the laws of Islam rests with the majority vote of the fuqaha’ on the Guardian Council; and the determination of its compatibility with the Constitution rests with the majority of all the members of the Guardian Council.” (http://www.iranchamber.com/government/laws/constitution_ch06.php
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. Mohammad Mostafaei: Letter to Iran Iran Parliament (http://scenews.blog.com/2412467/)
· Article 9 of Iran’s civil Islamic Republic states that “Treaty stipulations which have been, in accordance with the Constitutional Law, concluded between the Iranian Government and other government, shall have the force of law”. http://www.alaviandassociates.com/documents/civilcode.pdf
· On May 8, 2006, in a letter to United Nations, the government of Islamic Republic again confirmed its commitment to both CRC and ICCRP conventions http://www.un.org/ga/60/elect/hrc/iran.pdf
· According to Article 49 of the Islamic Penal Code approved in 1991 states that minors, if found guilty, are free from criminal responsibility. Note 1 of Article 49 stipulates that minors are those individuals who have not reached what Islam considers to be the age of discretion. However nowhere in the Islamic Sharia Penal Code or other existing laws has there has been a reference to the age of the penal responsibility of a child. Lawmakers have only referenced to Sharia Hadd (death sentence) without stating the age.
· The 1991 Amendment of Article 1210 (1) of the Iranian Civil Code declares that the Islamic age of discretion is 15 full lunar years of age for boys and 9 full lunar years of age for girls. (14 years and 7 months for boys and 8 years and 9 months for girls)
· Article 1210 Note 2 states “The properties which had belonged to a minor who has now reached the age of majority may be given to him only if it has been proved that he has full legal capacity.” (Mostafaei: http://schrr.net/spip.php?article2531and Ali Najafi Tavana http://scenews.blog.com/3100731)
· In 2003, Head of Iran’s Judiciary, Ayatollah Shahroudi issued a circular letter to all judges asking them to stop issuing death sentences on the under-18 people.
“All divine faiths and legal schools exempt children from facing persecutions that adults do… so, today international conventions frown on the execution of under-eighteen-year-olds as the harshest of all punishments…. When the Holy Quran encourages us to forgive even those who have intentionally committed murder, then undoubtedly, Islam welcomes the gift of life for under-18-year-olds”
From an statement issued by a group of Iranian experts including Nobel Prize winner Shirin Ebadi and 2009 presidential candidate and former head of Parliament Ayatollah Karoubi.
· “Note to Article 220 of the Criminal Investigation Procedure of 1999 stipulates that all offences committed by the under-18 persons shall be investigated by the Juveniles Court according to general regulations. Under Article 230[1] of the Law on Investigation Procedure of General and Revolution Courts, the Juveniles Court has jurisdiction to investigate all offences committed by children. Article 219 of the Law on Investigation Procedure of General and Revolution Courts for Penal Affairs approved on 19th September 1999 has provided for a branch or branches of the General Courts to investigate offences committed by children.” (ref. Emad Baghi)
Child Right Attorney Mohammad Mostafaei who has represented more than 30 juveniles on death row states: ”Based on the principal of the “definitions to the benefit of the accused” within the criminal matters, one cannot refer to civil laws when defining penal codes, and the (penal) laws must be specifically defined. There is a difference of opinion among experts regarding the age of penal responsibility and no specific age has been determined to be the age at which child becomes criminally responsible…..With a detailed attention to the laws and rules of our country pertaining to the execution of the children under the age of 18, we can conclude that issuing death sentence for children who have committed a crime before the age of 18 is against the strict law of Iran”.
Islamic Republic of Iran currently does not have a universal definition of the child and applies different ages to different legal matters. Some of the examples of age requirements are:
· Passport 18
· National service 18
· Driving 18
· Employment 18 (15 to 18 conditional)
· Real Estate Transactions: 18
· Opening Bank Account 18
· Opening a Company 18
· Personal Property Transfer 18
· Voting 15
· Marriage- boy 15
· Marriage- girl 13
· Death Penalty- Boy 15 lunar age
· Death Penalty- Girl 9 lunar age
“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”.
Mohammad Mostafaei – letter to Iran Parliament http://scenews.blog.com/2412467/
In February 2005, Iran’s judiciary submitted a bill to the government of former president Khatami addressing the crime investigation of Juveniles which was subsequently
submitted to the 7th parliament of the Islamic Republic. After review the bill was
recommended for approved in August of 2006 and sent to a parliamentary committee and to date it has not been approved nor submitted to the Guardian Council for review. Among other measures the bill prohibits issuing death penalty to juveniles who have committed a crime before the age of 18, however it excludes the ruling from Ghesas cases where victim’s family maintain the right to request execution, ask for blood money retribution or forgive the alleged juvenile.
In June 2007 , Judiciary spokesperson Alireza Jamshidi stated: “Approval of this bills will serve an important role in organization of the children’s penal laws in direction of scientific standards. Fundamentally the necessarily of approval of this bill is not hidden to the experts” (ref. Etemaad Newspaper).
However more than four years after its introduction, due to pressure by extremists and the Guardian Council the bill has not yet been approved and 140 Iranian juveniles await execution while …….. have already been executed since the introduction of the bill.
Let’s make the world’s largest petition
by David ET on Jul.05, 2009, under Uncategorized
“احمدی نژاد رییس جمهور ایران نیست”
“Ahmadi Nejad is not IRAN’s President”
1- این کار ، احمدی نژاد را به عنوان منفور ترین رییس جمهور وارد کتاب رکورد خواهد کرد.
2- تمام دنیا را با این جمله “احمدی نژاد ، رییس جمهور ایران نیست” ، آشنا خواهد کرد
3- این کار که قبل از مراسم سوگند خوردن انجام می شود ، این مراسم را از آنچه که هست هم ننگ آلود تر خواهد کرد.
4- سبب می شود دولتهای خارجی در به رسمیت شناختن این دولت تعلل کنند.
5- اتحاد ایرانیان خارج از کشور را نشان خواهد داد.
6- به مردم داخل قوت قلب می دهد که هزینه هایی که داده اند بیهوده نبوده و اقلا باعث وحدت عمل خارج نشینان شده.
7- اگر خوب کار شود ، صف های طویلی برای امضای این تومار تشکیل خواهد شد که انعکاس بین المللی خواهد یافت.
… و حسن های دیگری که حتما به ذهن شما خطور خواهد کرد
On July 10 to July 12 from 5-8 PM, in suitable locations all around the world we will sign the petition that “Ahmadinejad is not Iran’s president” – by signing on a specified green fabric. We’ll send all these pieces to a place, announced on July 12, to be sewed together. Then we will invite media and Guinness people to see it when it is hung from an iconic building such as Eiffel Tower or CN Tower.Later, we’ll send the fabric to the United Nations to be stored in the museum.
We are hoping to achieve the following:
1. Ahmadinejad will be recorded in the history books as one of the most loathed presidents
2. The world will hear the message “Ahmadinejad is not Iran’s president”
3. This will happen before A.N. inauguration and will make it even more ridiculous than it is now
4.Encourage the foreign powers not to recognize the selected president
5. Show the unity between Iranians outside of Iran
6. Show support to the Iranians inside Iran and ensure them that they are not alone in their struggle.
7. If we can organize long lines to sign this petition, this will bring a lot of media attention.
… And countless other benefits that you can come up with…
coordinatorhttp://www.blogger.com/profile/14754043134023854541 2009-07-04T14:16:33.023-07:00
لطفا این لیست را نگاه کنید:
و اگر شهرتان در این لیست نیست اطلاعاتی را که در صفحه ی زیر درخواست شده است برای ما به این ادرس lilazi598@yahoo.com ای میل کنید
اگر شهرتان در در صورتی که در لیست کنونی (که مرتب به روز می شود) هست با فردی که قبل از شما برای همکاری دواطلب شده تماس بگیرید.
Leilaye Leilihttp://www.blogger.com/profile/181456442392047530330 2009-07-03T21:51:25.449-07:00
Fabric specifications
- Islamic green
- Office green
- Forest green
2- color of the signatures : red ( a red marker)
3- size of the fabric: (width: 35-36″ = 90cm) (length : as much as needed)
4- material : Tetron ( cotton + polyester) to be able to write on, and also be strong to be hung
5- margin: 10cm from each side, for final adjustment, and possible rope-passing
6- size of signature: almost 10×10cm

coordinatorhttp://www.blogger.com/profile/147540431340238545410 2009-07-04T11:07:40.697-07:00
Leilaye Leilihttp://www.blogger.com/profile/181456442392047530330
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