Tuesday, July 28, 2015

Iran: Juvenile offender, Salar Shadizadi, August 1 Execution Date - URGENT ACTION

July 27, 2015
Amnesty International
     At 15, Salar Shadizadi was arrested in February 2007 on a charge of murdering a friend. He was sentenced to death in December that year, under the Islamic principle of qesas (retribution-in-kind), by Branch 11 of the Criminal Court of Appeal in the northern province of Gilan. His sentence was upheld three months later, by Branch 37 of the Supreme Court. After several years on death row, Salar Shadizadi was transferred to solitary confinement on 7 July 2013 in preparation for execution. The authorities, however, halted the execution at the last minute and allowed Salar Shadizadi to submit a request for judicial review under Article 91 of Iran’s 2013 Penal Code, which gives judges the discretion not to impose the death penalty if they determine that a juvenile offender did not understand the nature of the crime or its consequences, or if there are doubts about the offender’s “mental growth and maturity”.
     Later that year, Branch 13 of Iran’s Supreme Court accepted the request for judicial review and sent the case back to the court of first instance to examine the issue of Salar Shadizadi’s maturity at the time of the crime. The court of first instance referred Salar Shadizadi to Iran’s Legal Medicine Organization (LMO) for psychological examination. The LMO found that “there is no evidence to conclude that Salar Shadizadi was insane at the time of the crime but examining his mental growth seven years after the event is impossible.” Based on this finding, Branch 13 of the Supreme Court upheld the original death sentence. In its reasoning, the Supreme Court stated: “presumptively, mental maturity is present after children reach the age of maturity [which is 15 for boys and nine for girls] and the rebuttal of this presumption requires proof which has not been established in this case.” 
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