Abdorrahman Boroumand Center

for Human Rights in Iran

https://www.iranrights.org
Omid, a memorial in defense of human rights in Iran
One Person’s Story

Mohammad A.

About

Age: 17
Nationality: Iran
Religion: Presumed Muslim
Civil Status: Single

Case

Date of Killing: July 10, 2010
Location of Killing: Marvdasht, Fars Province, Iran
Mode of Killing: Hanging
Charges: Rape; Murder
Age at time of offense: 17

About this Case

News of the execution of Mr. Mohammad. A. was published in the Vatan-e Emruz newspaper on September 21, 2010 and on the website of Modafe, Mohammad Mostafavi weblog, on September 25, 2010. Additional information was taken from the Khabaronline on July 24, 2008, the Iran newspaper on April 11, 14, 15, and 28, 2007, September 16, 2007, and January 29, 2008, on the websites of Entekhab on September 16, 2007, Farsnama on April 12, 14, and 25, 2007, May 13, and June 11, 2007, Khabaronline, Farsnama, and Aftab news agency on April 28, 2007, Hamshahrionline and Jamejam on April 27, 2007, and the Qods newspaper on April 17, 2007.

Mr. Mohammad. A’s case and four others are related to the murder of a ten-year-old Afghan boy and a nine-year-old boy from Marvdasht in that city on April 1 and 4, 2007. He was not legally and adult at the time of committing the crime.

International laws have strictly prohibited capital punishment against those who were under the age of 18 at the time of committing the crime. As a party to the Covenant on Civil and Political Rights and the Convention on the Rights of the Child, Iran has the obligation to avoid capital punishment for an offence committed before the age of eighteen.

Arrest and detention

According to the police commander of the Fars province, Mr. Mohammad A. was arrested, along with three others, by the Intelligence Police in Marvdasht on April 6, 2007, during the police investigation regarding the disappearance of a boy from Marvdasht and an Afghan boy whose parents filed complaints (Iran newspaper). However, the circumstances of his arrest and detention are not known.

Trial

Branch Two of the Criminal Court of Fars in Shiraz tried Mr. Mohammad A. and three other adolescent defendants. One of the defendants was sent to the Children’s Court due to his young age. The first court session took place on April 26, 2007. With the Consultation of the judges and advisors and based on Article 225 of the Code of Criminal Procedure for Children, the court session was closed to the public and everyone left the court except the victim’s families (Farsnama). The trial, headed by a judge and four advisors, lasted in seven sessions and a total time of 56 hours. (Iran newspaper)

Charges

According to the judges of Branch Two of the Criminal Court of Fars, the charges brought against Mr. Mohammad A., the second row defendant, were announced as “murder of a nine-year-old boy from Marvdasht,” in collaboration with the first row defendant, and “harassment,” in collaboration with two other defendants, and “kidnapping,” in collaboration with all four defendants (Iran newspaper). After raping two victims, defendants tied their hands and feet and threw them in the Kor River near Marvdasht. The victim’s bodies were found by police near the river. However, the rape charge against the defendants was rejected by the court due to their denial and the report by forensics indicating that defendants were not adults. (Iran newspaper)  

The validity of the criminal charges brought against this defendant cannot be ascertained in the absence of the basic guarantees of a fair trial.  International human rights organizations have drawn attention to reports indicating that the Islamic Republic authorities have brought trumped-up charges, including drug trafficking, sexual, and other criminal offences, against their opponents (including political, civil society activists, as well as unionists and ethnic and religious minorities). Each year Iranian authorities sentence to death hundreds of alleged common criminals, following judicial processes that fail to meet international standards. The exact number of people convicted and executed based on trumped-up charges is unknown.

Evidence of guilt

The evidence presented against Mr. Mohammad A. was his “confession,” “the recovery of two boys’ bodies in the river,” “the forensics report,” and “testimonies of eight witnesses.”

International human rights organizations have repeatedly condemned the government of the Islamic Republic of Iran for its systematic use of severe torture and solitary confinement to obtain confessions from detainees and have questioned the authenticity of confessions obtained under duress.

Defense

Mr. Mohammad A. was under 18 years old when the crime was committed. According to the judge, he and the other three defendants defended themselves during the third court session. Additionally, the objections by attorneys related to the defendants’ immaturity were discussed. However, no further information is available on his defense.

Judgment

Branch Two of the Criminal Court of Fars condemned Mr. Mohammad A. to death for murder and to 8 years imprisonment and 100 lashes for harassment. Branch 33 of the Supreme Court confirmed the ruling. He was hanged in the Marvdasht Prison on July 10, 2010. The first row defendant was condemned to death for murdering the ten-year-old Afghan boy and 18 years imprisonment and 100 lashes for assistance in murder of the nine-year-old boy and harassment of the victims. He was able to pay Dieh to the victim’s family and receive their pardon. Two other defendants, rows 3 and 4, were condemned to 15 years imprisonement and 100 lashes for assistance in murders. The fifth row defendant was exonerated.  

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