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Excerpts from  a letter by Behnoud Shojaee to the victim’s mother 
translated by Nazy Kaviani 
 

“When I was a very young child, I lost my young mother to illness.  I will never forget the day my mother passed away.  I can still hear her last breaths in my ear.  I remember starting that day and for all the years to come, I would wonder to myself why God would leave me so alone in this world.  I grew up longing for my mother’s warm embrace.
I am sure you can understand what I’m trying to say, because you embraced your son, Omid, thousands of times.  Omid never had to search for the warmth of his mother’s kindness in his dreams.

I had to pass many hard days before I turned 17.  How I wish I could erase number 17 from the years I have lived.  I was preparing for the university admission exam, to realize my mother’s dream, when that horrible accident happened.  I never believed I would have someone’s blood on my hands, I never believed I could cause Omid’s death.  You know very well that neither Omid nor I were the instigators of that fight, and that what happened was just an accident.  I am not a professional murderer, committing a premeditated and planned murder; Omid’s death in my hands was just a horrible accident.” 

“I spent many nights in jail, dreaming of my mother the minute my eyes closed.  I dreamt of my mother standing next to Omid, crying.  I know you have cried many tears for the loss of your child, and even passage of time cannot heal the wounds I have so unfortunately caused on your soul.  But I beg you to forgive my punishment.  I ask you this not as the person who was the cause of your son’s death, but as a young man, same age as your lost son, Omid.  Allow me to call you mother, after all the years I have been unable to use that word, addressing anyone.  Allow me to kiss your sad and cold hands which have been busy wiping the tears of longing for your child, and beg you to bestow that motherly kindness on me.” 

The execution of juvenile offender, Behnoud Shojaee, which was scheduled to take place on 7 May, has been stayed for a month on order of the Head of the Judiciary. This is to allow Behnoud Shojaee to seek a pardon from the family of the boy he was convicted of fatally stabbing on 18 June 2005, and to allow the two families to reach a financial settlement.  Should an agreement not be made, Behnoud Shojaee remains at risk of being executed.

Behnoud Shojaee, then aged 17, intervened to stop a fight between a friend and another boy named Omid in a park in Tehran. The boy then started a fight with Behnoud Shojaee and threatened him with a knife. During the fight Behnoud Shojaee picked a shard of glass and stabbed Omid once in the chest, before fleeing the scene.

Behnoud Shojaee was sentenced to qesas (retribution) by Branch 74 of the Criminal Court in Tehran on 2 October 2006. During his trial, Behnoud Shojaee was not afforded legal representation and was therefore made to write a request for re-examination and re-trial of his case himself.  According to his lawyer who recently took up his case, Behnoud Shojaee maintained throughout his trial that he only stabbed Omid once even though the coroner’s report stated that the victim died as a result of sustaining several injuries. His claims were never investigated and Behnoud Shojaee’s sentence was nevertheless confirmed by Branch 33 of the Supreme Court on 30 June 2007.

BACKGROUND INFORMATION
As a state party to both the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Rights of the Child (CRC), Iran has undertaken not to execute juvenile offenders, those convicted of crimes committed when they were under 18. However, since 1990 Iran has executed at least 28 juvenile offenders, six of them in 2007. At least 84 juvenile offenders are now on death row in Iran. This number may be even higher as at least a further 15 Afghan juvenile offenders have reportedly been sentenced to death. For more information about executions of juvenile 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 Persian, Arabic, English or your own language:
- welcoming the stay of execution of Behnoud Shojaee;
- calling on the authorities to commute the death sentence of Behnoud Shojaee, who remains at risk of execution for a crime committed when he was under 18 and the death sentences of all juvenile offenders sentenced to death in Iran;
- acknowledging that governments have a right and responsibility to bring to justice those suspected of criminal offences in proceedings that meet international standards for fair trial, but pointing out that the death penalty is the ultimate cruel, inhuman and degrading punishment;
- calling on the authorities to pass, as a matter of urgency, legislation abolishing the death penalty for all offences committed by those under 18, in accordance with Iran’s obligations as a state party to the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child.

 
APPEALS TO:
Leader of the Islamic Republic
His Excellency Ayatollah Sayed ‘Ali Khamenei
The Office of the Supreme Leader
Islamic Republic Street – Shahid Keshvar Doust Street
Tehran, Islamic Republic of Iran
Email:                 info@leader.ir
Salutation:         Your Excellency

Head of the Judiciary
Ayatollah Mahmoud Hashemi Shahroudi
Howzeh Riyasat-e Qoveh Qazaiyeh / Office of the Head of the Judiciary
Pasteur St., Vali Asr Ave., south of Serah-e Jomhouri, Tehran 1316814737, Islamic Republic of Iran
Email:                 info@dadgostary-tehran.ir (In the subject line write: FAO Ayatollah Shahroudi)
Salutation:         Your Excellency

COPIES TO:
President
His Excellency Mahmoud Ahmadinejad
The Presidency, Palestine Avenue, Azerbaijan Intersection, Tehran, Islamic Republic of Iran
Email:                 dr-ahmadinejad@president.ir OR via website: www.president.ir/email

and to diplomatic representatives of Iran accredited to your country.
PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat, or your section office, if sending appeals after 19 June 2008.

Working to protect human rights worldwide

Omid whose cartoons have been featured on SCE before, created this piece titled  ”Behnoud Shojaee : waiting to die”:

ENGLISH TRANSLATION NEEDED. Please send to info@stopchildexecutions.com

اعتماد ملي:
 
حكم قصاص <بهنود شجاعي> يك روز پيش از اينكه او در محوطه زندان اوين پاي چوبه دار برود از سوي رئيس قوه قضاييه به مدت يك ماه متوقف شد. ظهر روز گذشته سرانجام با تلا‌ش مسوول واحد اجراي احكام دادسراي امور جنايي تهران، دو تن از وكلا‌ي مدافع متهم، امام جماعت و مسوولا‌ن مسجد بقيه‌الله در محل سكونت اولياي دم پرونده و جمعي از هنرمندان سينما، تئاتر و تلويزيون كه همگي خواستار متوقف شدن حكم قصاص <بهنود شجاعي> بودند، اين حكم از سوي رئيس قوه قضاييه به مدت يك ماه متوقف شد و اين در حالي است كه پدر بهنود و وكلا‌ي مدافع او در اين مدت فرصت دارند تا با جلب نظر اولياي دم <بهنود> را براي هميشه از مجازات قصاص رها كنند. بهنود پيش از اين در اين حادثه‌اي كه در ساعت 23 روز 27 مرداد سال 84 رخ داده بود، در يك نزاع متهم به قتل جوان 19 ساله‌اي به نام <احسان> شد. داده بود، بهنود كه در زمان قتل تنها 17 سال سن داشت پس از اين ماجرا در دادگاه كيفري استان تهران محاكمه و از سوي قضات رسيدگي‌كننده به پرونده به قصاص محكوم شد

Tthe Iranian judiciary postponed the execution of Behnoud Shojaee, a young man sentenced to death for having killed a man in a street brawl in Tehran in August 2005 when he was a 17 years old minor. He was initially scheduled to be put to death at 5:00am today (May 7th 2008).

Today, Ayatollah Shahrudi the head of the Islamic republic judiciary system gave one month to Behnoud to ask the victims family to pardon him . By shifting the responsibility of execution to the family of the victim ,when under international pressure,  the Islamic Republic judiciary often tries to relieve itself from responsibility of ordering the death penalty of a juvenile.

Background:

Following a report in an Iranian newspaper, Behnoud’s death order was first brought to international attention by Stop Child Executions Campaign on December 23, 2007 which was followed by an urgent call by Amnesty International on January 8, 2008 .

In a letter to the the head of Iran’s judiciary dated April 27th 2008 , Behnoud’s new co-attorney Mohammad Mostafaei broke the news of Behnoud’s imminent execution in 10 days. Immediately SCE and Nazanin Afshin-Jam contacted Amnesty International, World Coalition Against Death Penalty, The United Nations, Canadian government and other  resources in Europe. 

Amnesty International quickly responded by publishing another urgent call on April 29th, 2008  which resulted in many letters worldwide being written to the Iranian officials. On May 2nd we also posted an article published in Iran’s Etemaad-Meli newspaper by Behnoud’s attorney questioning the validity of Behnoud’s execution order which was in violation of Iran’s commitment to International conventions of the rights of the child.

Thanks to the contacts with the Swedish Parliament members and the presidency of the European Union by our European liaison , Pia Atiabi,  the EU presidency in a strong letter to Iranian officials demanded a halt to the execution two days prior to the scheduled execution 

Many Iranians such as TV and Cinema Actors also pleaded the Iran’s judiciary and victims family to stop Behnoud’s execution.
.

Today we were pleased to be informed that faced with international pressure the head of Iran’s judiciary has delayed Behnoud’s execution for one month pending the victims family’s pardon. According to prevailing laws in Iran, victims’ families can either demand the implementation of the death sentence or receive blood money instead. So far the victim’s family have not been responsive to the pleas to stop execution of Behnoud.

Stop Child Executions and Nazanin Afshin-Jam , thank Behnoud’s attorneys Mohammad Mostafaei and Mohammd Oliyaee-Fard, Amnesty International, European Union and its presidency, Pia Atiabi, Iranian actors and each and every organization and individual who made a difference by making direct pleas to the Iranian officials pressuring them to abide by UN treaties, the ICCPR and CRC, to which they are state-party.

Please sign the petition to Stop Child Execution to stop Iran’s violation of children Rights. Please visit SCE news blog For further action on behalf of Behnoud and the 100+ other minors on death row at the moment

The Presidency of the European Union is deeply concerned by the news of the imminent execution of Behnoud Shojaee, who was convicted and sentenced to death for a crime committed when he was a minor.

The Presidency notes that this juvenile death sentence is in direct contravention of the Islamic Republic of Iran’s international obligations and commitments, specifically as set out in the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child, both clearly prohibiting the execution of minors or people who have been convicted of crimes committed when they were minors.

The Presidency urges the Islamic Republic of Iran to comply with International Law and to immediately halt the execution of Mr Shojaee and of all other juvenile offenders on the death row, taking in consideration alternative sentences for juvenile offenders and respect for international norms and standards that provide safeguards guaranteeing the protection of the rights of those facing the death penalty.

The Presidency avails of this opportunity to reiterate the European Union’s longstanding position against the death penalty in all circumstances, regardless of what crimes have been committed by the individuals concerned. The EU considers the death penalty to be a cruel and inhuman punishment and that it is not effective in terms of deterrence.

The Presidency again urges the Iranian authorities to immediately cease all executions and apply a moratorium on executions, with a view to abolishing the death penalty, as called for in the United Nations General Assembly resolution on a Moratorium on the use of the death penalty, as adopted in December 2007.

Leader of the Islamic Republic                                                                                                 by Azarin Sadegh
His Excellency Ayatollah Sayed ‘Ali Khamenei,

Your Excellency,

I am writing to you regarding Behnoud Shojaee.

He is going to be executed very soon for a crime he committed when he was 17 years old. When I read about him, I remembered my son, who is 14 years old. As I look at him, I realize how immature he is, despite the fact that he has been loved and nurtured constantly. I also remember how easily he makes careless mistakes, or pure misjudgments. As a parent, I try to help him to learn through his mistakes, and to grow up to become a responsible adult. 

As we know, Behnoud Shojaee never got this chance, but he seems to be a wonderful kid. His mistake? He mainly tried to end the fight between two of his friends, and unfortunately, at some point, he made a wrong choice. And after the accident, he never received any help and support from his parents or from his family.

A 17 years old had to face a terrible situation all by himslef and I truly find it unfair to this kid. Of course, he made a big mistake, but his young age should explain the resaon of this mistake, and it is so painful to know that this same mistake is going to end his young life.

I am sure he regrets it more than anybody else.  

At this point, you are his only hope.  

As a mother, I am asking for your forgiveness. Please give Behnoud a new chance to live, so he can believe in the values of humanity and empathy.  

With highest regards, 
Azarin Sadegh

AMNESTY INTERNATIONAL
PUBLIC         – AI Index:  MDE 13/065/2008                

Behnoud Shojaee is facing imminent execution for a murder committed when he was 17 years old, even though Iran is a state party to international treaties including the Convention on the Rights of the Child (CRC), which expressly prohibit the execution of child offenders. The Office for the Implementation of Sentences has scheduled his execution to take place at 5:00 am on 7 May 2008.

On 18 June 2005, Behnoud Shojaee, then aged 17, intervened to stop a fight between his friend Hesam and another boy named Omid in Park-e-Vanak in Tehran. Behnoud Shojaee managed to separate the two boys but Omid swore at him, started a fight and threatened him with a knife. During the fight Behnoud Shojaee picked a shard of glass and stabbed Omid once in the chest, before fleeing the scene.
Behnoud Shojaee was sentenced to qesas (retribution) by Branch 74 of the Criminal Court in Tehran on 2 October 2006. During his trial, Behnoud Shojaee was not afforded legal representation and was therefore made to write a request for re-examination and re-trial of his case himself. According to his lawyer who recently took up his case, Behnoud Shojaee maintained throughout his trial that he only stabbed Omid once even though the coroner’s report stated that the victim died as a result of sustaining several injuries. His claims were never investigated and Behnoud Shojaee’s sentence was nevertheless confirmed by Branch 33 of the Supreme Court on 30 June 2007.

Under Article 206 (b) of Iran’s Criminal Code, murder is classed as premeditated “in cases where the murderer intentionally makes an action which is inherently lethal, even if [the murderer] does not intend to kill the person.”

BACKGROUND INFORMATION
As a state party to both the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Rights of the Child (CRC), Iran has undertaken not to execute child offenders, those convicted of crimes committed when they were under 18. However, since 1990 Iran has executed at least 28 child offenders, six of them in 2007. At least 86 child offenders are now on death row in Iran. This number may be even higher as at least a further 15 Afghan child offenders have reportedly been sentenced to death. 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:

APPEALS TO:
Leader of the Islamic Republic
His Excellency Ayatollah Sayed ‘Ali Khamenei
The Office of the Supreme Leader
Islamic Republic Street – Shahid Keshvar Doust Street
Tehran, Islamic Republic of Iran
Email:                 info@leader.ir
Salutation:         Your Excellency

Head of the Judiciary
Ayatollah Mahmoud Hashemi Shahroudi
Howzeh Riyasat-e Qoveh Qazaiyeh / Office of the Head of the Judiciary
Pasteur St., Vali Asr Ave., south of Serah-e Jomhouri, Tehran 1316814737, Islamic Republic of Iran
Email:                 info@dadgostary-tehran.ir (In the subject line write: FAO Ayatollah Shahroudi)
Salutation:         Your Excellency

COPIES TO:
President
His Excellency Mahmoud Ahmadinejad
The Presidency, Palestine Avenue, Azerbaijan Intersection, Tehran, Islamic Republic of Iran
Email:                 dr-ahmadinejad@president.ir OR via website: www.president.ir/email

and to diplomatic representatives of Iran accredited to your country.
PLEASE SEND APPEALS IMMEDIATELY

URGENT ACTION

08 January 2008         UA 09/08 Death penalty

IRAN Behnoud (m), full name not known, aged about 19, child offender

A young man called Behnoud has been convicted of a murder committed before he was 18, and is now believed to be in danger of execution. Behnoud was convicted of beating to death a 19-year-old man, known only as Ehsan, with a bottle during a street fight in 2005. At the time of the murder, Behnoud was aged about 17. To execute him would be a violation of international law. Behnoud was sentenced to qesas (retribution) by a court in Tehran, and his sentence was upheld by the Supreme

Court. According to the Iranian news agency Fars, Ehsan’s family is demanding that Behnoud be executed. However, the case has been referred to conciliation in order to allow both families to negotiate the payment of diyeh (blood money) in exchange for pardoning Behnoud.

BACKGROUND INFORMATION

As a state party to both the International Covenant on Civil and Political Rights (ICCPR) and the Convention on

the Rights of the Child (CRC), Iran has undertaken not to execute child offenders, those convicted of crimes

committed when they were under 18. However, since 1990, Iran has executed at least 28 child offenders, six of

them in 2007. At least 79 child offenders are now on death row in Iran. This number may be even higher as at least

a further 15 Afghan child offenders have reportedly been sentenced to death.

For more information about executions of child offenders in Iran, please see: Iran: The last executioner of children (June

2007), http://web.amnesty.org/library/index/engmde130592007

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:

- expressing concern that Behnoud is at risk of execution for a crime committed when he was under 18;

- calling on the authorities to commute his death sentence;

- reminding them that Iran is a state party to both the International Covenant on Civil and Political Rights (ICCPR)

and the Convention on the Rights of the Child (CRC), which prohibits the use of the death penalty against those

under the age of 18 at the time of offense, and that the execution of Behnoud would therefore be a violation of

international law;

- urging the authorities to pass legislation to abolish the death penalty for offenses committed by persons under the

age of 18, so bringing Iran’s domestic law in line with its obligations under international law;

- stating that Amnesty International acknowledges the right and responsibility of governments to bring to justice

those suspected of criminal offenses, but unconditionally opposes the death penalty.

Amnesty International’s mission is to undertake research and action focused on preventing and ending grave abuses of the rights to physical and mental integrity, freedom of conscience and expression, and freedom from discrimination, within the context of its work to promote all human rights.