SCE News & Updates نوجوانان را اعدام نکنید

Australian Senator Andrew Bartlett have signed the Stop Child Executions petition. Senator Bartlet met the co-founder of the SCE Campaign Nazanin Afshin-Jam at a conference examining the human rights situation in China in the leadup to the Beijing Olympics. The conference was held in Taiwn.

15242.

Senator Andrew Bartlett

Australia

Senator for Queensland

In his personal blog Senator Barlett wrote:  "One other interesting speaker at the conference was a woman from Canada named Nazanin Afshin-Jan. Unlike most of us at the conference, she was not a politician, a lawyer or an academic (although she is a graduate in international relations), which probably helped make her speech seem more focused on practically than some of the others. She is Iranian born, trained in the Canadian Air Force, and has used her profile as a former runner-up in Miss World and a singer and songwriter to campaign on human rights issues. One of her main campaigns is to stop child executions, although the main offender on that issue is Iran, not China, so she didn’t focus on that so much in her speech at this conference. She was also able to end her speech by showing a video of one of her songs , which was rather hard for the rest of us speakers to compete against."

Nazanin Afshin-Jam and SCE Campaign greatly appreciate Senator Andrew Bartlett's support of the Campaign to stop child executions in Iran and worldwide.


About Senator Andrew Barltlett:

Senator Bartlett  has been a member of the Australian Senate for the state of Queensland since 1997, representing the Australian Democrats. A consistent and vocal campaigner for refugees and asylum seekers, Senator Bartlett is the only Australian parliamentarian to have visited every refugee detention centre in Australia, as well as those on Christmas Island and Nauru (detention centres off the Australian mainland) where he went three times to meet with detainees. Mr. Bartlett has spoken many times on behalf of those living in poverty, as well as the physically and mentally disabled. He also takes a close interest in the environment and animal welfare. He was a strong opponent of Australia's involvement in the 2003 invasion of Iraq. 

Human Rights Watch has issued an 82-page report titled, "Adults Before Their Time: Children in Saudi Arabia's Criminal Justice System,"

The report documents the routine arrest of children for such "offenses" as begging, running away from home, or
being alone with a member of the opposite sex. Prosecutors can hold children, like adults, for up to six months before referring them to a judge. In the case of girls, authorities can detain them indefinitely, without judicial review, for what they say is "guidance." Detention centers mix children under investigation or trial with children convicted of a crime and sometimes with adults. Judges regularly try children without the presence of lawyers or sometimes even guardians,
even for crimes punishable by death, flogging, or amputation.

Saudi Arabia sets no clear age when children can be treated as adults in criminal cases. Instead, judges use signs of puberty to determine criminal responsibility. The report documents 12 cases in which judges tried even young children as adults, based on physical signs of puberty such as pubic hair or menstruation and without any consideration of
emotional or mental maturity. In 2007, Saudi Arabia executed three juvenile offenders, including a 15-year-old boy who was only 13 at the time of the alleged crime. International standards set 12 years as the minimum age of criminal responsibility, and prohibit the death penalty for crimes committed by persons under age 18 at the time of the crime.

"In Saudi Arabia's justice system, a child who commits a minor offense and a hardened adult criminal are treated similarly," said Clarisa Bencomo, children's rights researcher for the Middle East at Human Rights Watch. "Instead of helping reintegrate these children into society, it exposes them to new dangers and greater abuses.
 
To read the full report visit: http://hrw.org/reports/2008/saudicrd0308/

"The Iranian Penal Code interprets Sharia law in a way that says a woman’s life is worth half that of a man’s. Under Sharia law, a girl is considered an adult at the age of nine and she is held legally accountable for her actions. The International Covenant on Civic and Political Rights states that you cannot, under any circumstance, execute a minor. The Iranian law bastardizes this and says, “We won’t kill her at nine years old, but we’ll keep her imprisoned until she is 18 and then we will execute her.”
                                                                                            Nazanin Afshin-Jam

To read the full article at Girls without borders visit: http://www.girls-without-borders.org/home/news/54

Girls without Borders is an international initiative for the promotion of women in politics and civil society.

An Appeals Court has confirmed sentences of death on ten individuals in Sudan. At least one of them: Al-Tayeb Abdel Aziz (m),  was a 15 year old the time of the alleged crime. Following is an urgent call by Amnesty International.


URGENT ACTION
AMNESTY INTERNATIONAL
PUBLIC
AI Index: AFR 54/003/2008
UPDATE
19 March 2008

Further Information on UA 302/07 (AFR 54/064/2007, 12 November 2007) Death Penalty

SUDAN

Al-Tayeb Abdel Aziz (m), aged 16
Ishaq Mohammed Sanousi (m), aged 71
Abdel Hay Omar (m)
Mustafa Adam (m)
Mohammed Birgid (m)
Hassan Adam Fadel (m)
Adam Ibrahim (m)
Jamaleddin Isa (m)
Abdel Magid Ali Abdel Magid (m)
Sabir Hassan (m)

On 13 March the Khartoum-North Court of Appeals confirmed the death sentences on 10 people. They were sentenced to death in November for the murder of Mohammed Taha, Editor of al-Wifaq newspaper, in September 2006.

One of those facing execution, Al-Tayeb Abdel Aziz, was 15 years old at the time of the murder. Another of the group, Ishaq Mohammed Sanousi, is thought to be 71 years old. All those sentenced to death said that they had been tortured to confess to the murder and been forced to sign confessions, which were later produced in court. All 10 people retracted their confessions in court, but the Appeal Court accepted the confessions as evidence against them.

The 10 have now appealed to the Supreme Court, where a panel of three judges will hear the appeal. A further appeal is possible to the Constitutional Court, whose final decision has to be ratified by the President.

BACKGROUND INFORMATION

Mohammed Taha was an outspoken newspaper editor who had also angered Islamists after writing an article discussing the ancestry of the Prophet Mohammed, after which he was arrested by the security services. He was also said to have written articles attacking Darfuris.

During their investigation into the murder of Mohammed Taha, police focussed on Darfuris and rounded up 72 people, including women and children. Nearly all those detained said that they were tortured to give information or confessions. Most were released but 19 were brought to trial. During the trial, the judge released eight because they had confessed under duress but failed to release others who also said that they were tortured.

Amnesty International is concerned that the use of torture to extract confessions is built into the Sudanese system of justice by Article 10(i) of the Law of Evidence of 1993, which states that “… evidence is not dismissed solely because it has been obtained through an improper procedure, if the court is satisfied that it is independent and admissible”.

Amnesty International opposes the death penalty unconditionally in all situations as a violation of the right to life and the ultimate cruel, inhuman or degrading punishment.  The use of the death penalty against child offenders is prohibited under international law. The International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Rights of the Child (CRC), both have provisions exempting children under 18 from execution. Sudan has a responsibility to adhere to these international laws.

RECOMMENDED ACTION: Please send fresh appeals at this stage, to

- emphasize that the authorities have a right and duty to try those who are reasonably suspected of having committed crimes but defendants must be given fair trials;
- express concern at Article 10(i) of the Law of Evidence of 1993 which states that “… evidence is not dismissed solely because it has been obtained through an improper procedure, if the court is satisfied that it is independent and admissible”, and stress that such a rule is incompatible with international standards which outlaw torture;
- state your opposition to the death penalty which is the ultimate cruel inhuman and degrading punishment and is a violation of the right to life;
- call on the authorities to abide by their obligations under the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child, Article 37 of which states that “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 eighteen years of age”;
- call for the death sentences against the 10 to be overturned;
- call for allegations of torture to be investigated, and any security official who is found to have used torture to be brought to justice.

APPEALS TO:

Abdel Baset Saleh Sabderat
Minister of Justice
Ministry of Justice
PO Box 302
Khartoum, Sudan
Fax:                 011 249 183 770883
Salutation:       Dear Minister

Ibrahim Mohamed Hamed
Minister of the Interior
Ministry of the Interior
PO Box 2793
Khartoum, Sudan
Fax:                 011 249 183 776554 (Please mark it "FAO Minister of Internal Affairs")
Salutation:       Dear Minister

COPIES TO:

Her Excellency Dr. Faiza Hassan TAHA ARMOUSA
Ambassador for the Republic of Sudan
354 Stewart Street
Ottawa, Ontario K1N 6K8
Fax:                 (613) 235-6880
E-mail:            sudanembassy-canada@rogers.com<>>

Dr Priscilla Joseph
Chair of the Human Rights Committee
National Assembly
Omdurman, Sudan
Fax:                 011 249 187 560 950
Salutation:       Dear Dr Joseph


Your prompt response is valuable and appreciated.

In its annual country report, the U.S. State Department Bureau of Democracy, Human Rights, and Labor issued a long report on the status of human rights in Iran. The report also addressed child executions in Iran:

"The government continued to execute minors and juvenile offenders. On September 17, UN Commissioner for Human Rights Louise Arbour called on the government to end the practice of juvenile executions. According to AI, there were more than 71 juvenile offenders on death row in the country at year's end, and more than 15 have been executed since 2004.

For example, on April 22, authorities executed 20-year-old Syed Mohammad Reza Mousavi in Shiraz for a murder he allegedly committed when he was 16. His family was not notified of the execution and did not see him before it took place. According to Human Rights Watch (HRW), Mousavi was wrongly tried in an adult court instead of the special juvenile court.

On May 22, authorities executed 17-year-old Sa'id Qanbar Zahi in Zahedan, following his televised "confession" of involvement in bombings, carjacking, and murder. HRW reported that his arrest, confession, trial, sentencing, and execution all took place within a few weeks.

On October 17, authorities hanged 18-year-old Hoseyn Gharabagloo for allegedly killing a 20-year-old man in a scuffle when he was 15. Security forces arrested and detained Gharabagloo in 2004, but he escaped detention prior to his April 2005 trial. In November 2006 security forces recaptured Gharabagloo and sentenced him to death. He appealed, but the Supreme Court confirmed his sentence in December 2006.

On December 4, authorities executed Iranian Kurdish juvenile offender Makwan Moloudzadeh, age 20, after what AI reported as a "grossly flawed trial" for allegedly raping three individuals when he was 13. AI noted that the alleged victims withdrew their accusations before Moloudzadeh was convicted and sentenced.

Full Report can be viewed here: http://www.payvand.com/news/08/mar/1130.html

CRIN: Children Rights Information Network:

Countries	Algeria, Bahrain, Jordan, Palestinian Occupied Territories, Saudi Arabia, Syrian Arab Republic, United Arab Emirates

The Arab Charter on Human Rights contains provisions that do not meet international norms and standards, including the application of the death penalty for children, and the treatment of women and non-citizens, the United Nations human rights chief said.

UN High Commissioner for Human Rights Louise Arbour issued a statement saying that her office “does not endorse these inconsistencies [and] we continue to work with all stakeholders in the region to ensure the implementation of universal human rights norms.”

Conflict with the CRC?

Under the Arab Charter, the death penalty can be applied to children in certain circumstances, in contradiction with its prohibition in the UN Convention on the Rights of the Child.

Article 37 of the Convention on the Rights of the Child forbids the death penalty for children under the age of 18 years. However, Article 7 of the Charter states:

“Sentence of death shall not be imposed on persons under 18 years of age, unless otherwise stipulated in the laws in force at the time of the commission of the crime."

But, another provision in the Charter suggests that the Convention may overrule it. Article 43 of the Charter says:

“Nothing in this Charter may be construed or interpreted as impairing the rights and freedoms protected by the domestic laws of the States parties or those set forth in the international and regional human rights instruments which the States parties have adopted or ratified, including the rights of women, the rights of the child and the rights of persons belonging to minorities.”

Human rights law expert Professor Bill Bowring, of the University of London, said: "It would seem to me that if a country has ratified both the Charter and the Convention, it is going to run into problems."

The Arab Charter entered into force earlier this month after seven countries ratified the text, prompting Ms. Arbour to release a statement last Thursday in which she noted that while human rights are universal, “regional systems of promotion and protection can further help strengthen the enjoyment of human rights.”

Ms. Arbour insisted that throughout the development of the Charter, her office shared concerns with the drafters about the incompatibility of some provisions with international norms and standards.

“These concerns included the approach to death penalty for children and the rights of women and non-citizens.”

The global campaign against the death penalty for all people secured a landmark victory last month when the United Nations General Assembly endorsed the call for a worldwide moratorium (suspension) on executions.

The story of the Charter

The Arab Charter on Human Rights (ACHR) was adopted by the Council of the League of Arab States by its resolution 5437 (102nd regular session) on 15 September 1994. The ACHR will enter into force on 15 March 2008, 60 days after ratification by the seventh state, the United Arab Emirates, on 15 January 2008. This followed ratification by Jordan, Bahrain, Algeria, Syria, Palestine and Libya. The revised version was adopted by the 16th Arab Summit, hosted in Tunis in May 2004

In April 2002, the office of the High Commissioner for Human Rights officially approached the Arab League Secretary General to form a working group of Arab independent experts working in the UN human rights bodies, with the aim of revising the ACHR in order to be consistent with international human rights standards. The experts included members of the Committee on the Rights of the Child.

It is unclear why the Charter was amended, although NGOs working in Lebanon have suggested the revision may in part be due to anti-terror initiatives and the number of children currently in detention on terror charges.


Further information

• See country reservations to the CRC

UN News Service:

The Arab Charter on Human Rights contains provisions that do not meet international norms and standards, including the application of the death penalty for children, the treatment of women and non-citizens and the equating of Zionism with racism, the United Nations human rights chief said today.

UN High Commissioner for Human Rights Louise Arbour issued a statement saying that her office “does not endorse these inconsistencies [and] we continue to work with all stakeholders in the region to ensure the implementation of universal human rights norms.”

The Arab Charter entered into force earlier this month after seven countries ratified the text, prompting Ms. Arbour to release a statement last Thursday in which she noted that while human rights are universal, “regional systems of promotion and protection can further help strengthen the enjoyment of human rights.”

Ms. Arbour said today that throughout the development of the Charter, her office shared concerns with the drafters about the incompatibility of some provisions with international norms and standards.

“These concerns included the approach to death penalty for children and the rights of women and non-citizens. Moreover, to the extent that it equates Zionism with racism, we reiterated that the Arab Charter is not in conformity with General Assembly Resolution 46/86, which rejects that Zionism is a form of racism and racial discrimination.”

News Tracker: past stories on this issue

PUBLIC                        AI Index: MDE 13/049/2008                 
13 March 2008

UA 71/08        Fear of execution        
       
IRAN        Naser Qasemi (m), aged 23                ]
                Mohammad Reza Haddadi (m), aged 18                ]
             Reza Hejazi (m), aged 19                ] child offenders
                Iman Hashemi (m), aged 18                ]

Naser Qasemi, Mohammad Reza Haddadi and Reza Hejazi are all in prison awaiting execution for murder. The death sentence of Iman Hashem is expected to be approved imminently. All are all in prison awaiting execution for murder. They were all aged under 18 at the time of their alleged crimes and their death sentences have been approved. They could all be hanged at any time. The Head of the Judiciary has the power to issue a stay of execution at this stage.

Naser Qasemi, from Kermanshah province in western Iran, was 15 years old in 1999 when he and an uncle, who was armed, tried to steal some maize from a farm near his home. They were discovered by farm workers, and in the fight that ensued, one of the farm workers was shot and killed. The uncle initially escaped but Naser was arrested and charged with murder. He has been detained for eight years, during which he has faced a number of trials and retrials, as a result of which he was sentenced to death on three occasions. The victim's family have demanded 1,500 million Rials (approximately US $164,000) as diyeh (“blood money”),  but Naser Qasemi's family have been unable to raise this amount. The Society for the Right to Life (Anjoman-e Haq-e Hayat), an Iranian human rights group has been campaigning on his behalf. It is not clear where he is being held.

Mohammad Reza Haddadi, aged 18, is held in Adelabad prison in the city of Shiraz. He was sentenced to death in January 2004 by a court in Kazeroun for the murder of a man in 2003. He had confessed to the murder, but retracted the confession during his trial, saying he had claimed responsibility for the killing because his two co-defendants had offered his family money if he did so. Mohammad Reza Haddadi stated during the trial that he had not taken part in murder of a man who had offered him and the two others a lift in his car. The two others later supported Mohammad Reza Haddadi's claims of innocence, and withdrew their testimony that implicated him in the murder. His co-defendants, both over 18 at the time of the crime, are said to have received lesser sentences. However, in July 2005, a branch of the Supreme Court upheld the death sentence against Mohammad Reza Haddadi. The case is awaiting final approval by Ayatollah Shahroudi, the Head of Iran's Judiciary.

Juvenile offenders Reza Hejazi and Iman Hashemi are imprisoned in the Central Prison in the city of Esfahan, in central Iran.

Reza Hejazi – then aged 15 - was among a small group of people involved in a dispute with a man on 18 September 2004, which resulted in the man being fatally stabbed. Reza Hejazi was arrested and tried for murder, and on 14 November 2005 he was sentenced to Qesas (retribution) by Branch 106 of the Esfahan General Court. The sentence was approved by Branch 28 of the Supreme Court on 6 June 2006, although under Iranian law he should have been tried in a juvenile court. The case was referred for mediation between Reza Hejazi and the victim's family, to try and arrange for the payment of diyeh, but no sum has yet been agreed. If no agreement is reached, Reza Hejazi will be executed.  

Iman Hashemi was 17 in June 2007 when his brother Majid was arrested for fatal stabbing of a man in a fight. Following his brother’s arrest, Iman Hashemi was said to have presented himself to the investigating authorities and confessed to having murdered the man, though he later implied in court that he had been coerced into confessing. Despite his family’s insistence that he was innocent, a court in Esfahan sentenced him to Qesas for murder on 13 January 2007. On 26 May 2007, Branch 42 of the Supreme Court upheld the verdict. Distraught, on 29 September 2007 his brother Majid set himself on fire. Four months later he died of his injuries. The verdict has not been approved by the Head of the Judiciary.

BACKGROUND INFORMATION
Iran is one of only six countries in the world in which child offenders may face execution. This is despite Iran’s obligations under international law, including the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child, to prohibit the execution of juvenile offenders. In the last four years Iran has executed more child offenders than in all those other countries combined. At least 79 child offenders are now on death row in Iran. This number could be considerably higher since not all sentences may have been made public. For more information about executions of child offenders in Iran, please see: Iran: The last executioner of children (MDE 13/059/2007, June 2007), http://web.amnesty.org/library/index/engmde130592007 Amnesty International opposes the death penalty in all cases, and supports the global trend away from the use of the death penalty, powerfully expressed in the UN General Assembly’s resolution calling for a worldwide moratorium on executions on 18 December 2007.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible, in English, French, Arabic, Persian or your own language:
- calling for an immediate halt to the executions of Naser Qasimi, Mohammad Reza Haddadi, Reza Hejazi and Iman Hashemi, all convicted of crimes allegedly committed when they were under the age of 18;
- calling on the authorities to declare a moratorium on the implementation of the death penalty as called for by the UN General Assembly in December 2007, and to commute the death sentences passed on Naser Qasimi, Mohammad Reza Haddadi, Reza Hejazi and Iman Hashemi;
- reminding the authorities that Iran is a state party to the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child, which prohibit the use of the death penalty against people convicted of crimes committed when they were under 18.

APPEALS TO:

URGENT CALL
PUBLIC AI Index: MDE 13/047/2008

12 March 2008

UA 68/08 Fear of torture     IRAN