Guest Comments by Mohammad Mostafaie

Editor’s Note: The writer, a defense lawyer in Iran, represents many of the world’s youngest death-row prisoners.

TEHRAN, Iran -- In the coming days, a few of my clients who committed criminal acts as minors will be sent to the gallows. I have written to the head of Iran’s judiciary and asked for stays of execution. The situation is critical. I call on all people in positions of influence and all media organizations to do their utmost to achieve a positive development in this grave situation.

The following is from my letter to the head of Iran’s judiciary:

In the name of God the creator,
The Honorable Head of the Judiciary,
His Excellency Ayatollah Sadegh Larijani,

I have been informed by the Tehran and Shiraz criminal tribunals that a few of my clients who were arrested and detained for committing murder when under the age of 18 will be hanged in the coming days. The honorable judges have ruled that the death sentences shall be upheld for reasons that remain unclear to me and are not up to justice and legal norms.

Prior to the Islamic revolution, it was common that capital crimes, including murder and drug trafficking, committed by persons younger than age 18 were punishable by lighter sentences with rehabilitation in mind. After the victory of the Islamic revolution in 1979, against all expectations that it would bring more Islamic compassion, especially for minor criminals, the judicial procedures and regulations abruptly changed.

Based on Article 49 of the Islamic criminal code, courts decreased the legal age to the legal maturity age defined by Sharia rulings. Since the criminal code did not define any age as the legal maturity age, the court rulings were issued based on article 1210 of the Islamic criminal code, which defines the age of maturity for females as nine lunar years and 15 lunar years for males. This has become the legal standard used by courts in capital cases to this date.

Article 37 of the Convention on the Rights of the Child states: “No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment, nor life imprisonment without possibility of release, shall be imposed for offences committed by persons below 18 years of age.”

This article has been set aside by judicial authorities, who do not take it into consideration in their rulings. Not considering it as binding has resulted in severe damage to the international image of the Islamic Republic of Iran and has made Iran the world’s leader in death sentences for minors. Only five countries sentence people to death for crimes committed as children. Considering the importance and sensitivity of this matter, such executions should cease altogether.

I have been a defense lawyer in dozens of such cases, working pro bono. This has allowed me to conduct extensive research on the legal implications and psychological effects these procedures inflict on convicted minors on death row. My research, done in consultation with legal experts and university professors, convinces me that anyone who commits crimes when so young should not be sentenced to death or life imprisonment.

Unfortunately, three of my clients, named Behnam Zareh, Delaram Darabi and Sayed Mohammad Hejazi, have been hanged in Shiraz, Rasht and Isfahan without any advance notice to me as their lawyer. Eight other clients escaped the death penalty in different ways and came back to society.

Now the list of my clients on death row includes: Safar Angouti, Mohammad Reza Haddadi, Mohammad Jahedi, Rahim Ahmadi Kamalabadi, Amir Amrolehai, Bahman Soleimani and Abbas Hosseini. All could be executed soon after clearance by the executive branches of tribunals. Some were arrested when they were 15 years old.

Your Excellency, this letter doesn’t give me the time to set all the legal, moral and religious grounds and arguments against the death penalty for criminals so young. But I wish to emphasize that the law has been neglected by the judicial officials who have ruled in these cases, and I demand a meeting with you to discuss the matter.

I urge you to take the necessary steps so that children who have committed criminal acts can be rehabilitated and reintroduced into society. As the head of the judiciary and the highest judge of the country, you can put a stop to the execution of minors. Don’t let past mistakes be repeated and tarnish the image of the Islamic Republic and its sacred place by upholding rulings that are against human rights.

I’m convinced that social problems won’t be remedied by the execution and elimination of criminals. Children are vulnerable humans and need special attention. They do not commit crimes because of premeditated motives. Their crimes should not be seen as organized with the intent to disturb social peace and security. Children act without premeditation or motive and then find themselves in prison. They need support. Killing and executing them won’t erase social problems that can be solved only by understanding the roots and reasons of their actions.

As a lawyer for many minors on death row, I wish to emphasize that none of these clients deserve to be executed. Therefore, I demand that immediate stays of execution be issued.

Life is a gift given by God. In trying to save the lives of dozens of minors in recent years, I have been helped by many civil-rights activists and government officials. We hope that your insight will help to remove wrongdoings by some officials and will end this unjust punishment.

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