Stop Execution of Nemat Safavi in Iran
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Background:
Nemat Safavi, now 19 years old, a juvenile from the province of Ardebil, was arrested in June 2006 as a juvenile at the age of 16 and charged with alleged homosexuality (engaging in the act of lavat, a derogatory term used by the Islamic Republic to refer to sodomy). After the sentence, his case was sent to the Supreme Court, but it was rejected. Then it was sent to Ardebil Criminal Court for re-examination.
It should be noted that the date of the file being reffered to the Criminal Court is March 4, 2009. This is why the appeal court might have already taken place. Consequently, more on the file of this teenager is to be sent.
According to international human rights organizations, including the International Institute for Minority Rights, the following individuals charged with lavat are sentenced to death: Nemat Safavi and Ghasem Bashkool from Ardebil, Loghman Hamzepoor and Hamzeh Chavosh from Sardasht, Mohsen Ghebraee from Shiraz, Hamid Taghi, Mehdi Pooran, and Mohammad Rezaee from Tabriz.
More details on 3 of the defendants cases:
Mehdi Pooran and Moshen Ghebraee have denied the charges, and no witnesses testified against them. Safavi was arrested at the age of 16 in 2006, and tried by a court in Ardebil, where he is being held. The courts sentenced all three to death despite the requirement in Iran's Shari'a-based criminal code that sexual offenses require a confession repeated four times or the testimony of four male witnesses. However, the code allows judges to use their "knowledge" in determining guilt where no such evidence is available, a dangerously elastic provision. Judges relied on such discretionary "knowledge" to sentence Mehdi P. and Moshen G. No information is available on the source of evidence for the third judgment on Safavi.
*Info Courtesy HRW/IGLHRC/UN/AMNESTY/FM/P2E
International Laws:
Protection of juveniles under the age of 18 years old
The United Nations Convention on the Rights of the Child and the International Covenant on Civil and Political Rights prohibits the execution of minors which was ratified and signed by Iran.
Article 6 - of International Covenant on Civil and Political Rights that sentence of death shall not be imposed for crimes committed by persons below 18 years of age and shall not be carried out on pregnant women. The states that nations that have not abolished the death penalty, such as government of Iran, it must only impose it for the "most serious crimes." The Human Rights Committee, which authoritatively interprets the covenant, has said that should mean the death penalty should be a "quite exceptional measure."
Article 37 - of the Convention on the Rights of the Child states - Torture and deprivation of liberty: No child shall be subjected to torture, cruel treatment or punishment, unlawful arrest, or deprivation of liberty. Both capital punishment and life imprisonment without the possibility for release are prohibited for offenses committed by persons below 18 years. Any child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so. A child who is detained shall have legal and other assistance as well as contact with the family. This Convention is ratified by Iran.
Iranian Laws:
Under Sharia law in Iran Article 111 for Homosexuality- Lavat is "punishable by death so long as both the active and passive partners are mature, of sound mind, and have acted of free will" something that not only conflicts with the boys age at the time of the alleged 'offenses, but also a gross violation of international law, which forbids, under any circumstance, the executive of juvenile offenders.
UN Declarations and Statements:
Protection of Persons based on sexual orientation
1994 decision in landmark case of Toonen v. Australia, the UN Human Rights Committee -- the body that interprets the International Covenant on Civil and Political Rights (ICCPR), one of the UN's core human rights treaties -- held that human rights law prohibits discrimination based on sexual orientation. Since then, the United Nations' human rights mechanisms have condemned violations based on sexual orientation and gender identity, including killings, torture, rape, violence, disappearances, and discrimination in many areas of life.
On Dec 12th, 2008, UN declaration statement passed which reaffirms the principle of non-discrimination which requires that human rights apply equally to every human being regardless of sexual orientation or gender identity. In addition to the passed declaration, the United Nations made a statement: We condemn the human rights violations based on sexual orientation or gender identity wherever they occur, in particular the use of the death penalty on this ground, extrajudicial, summary or arbitrary executions, the practice of torture and other cruel, inhuman and degrading treatment or punishment, arbitrary arrest or detention and deprivation of economic, social and cultural rights, including the right to health."
Application:
Nemat Safavi was charged as a juvenile at the age of 16 and was given a death sentence for homosexuality by act of lavat. According to Article 6 and Article 37 of the UN international human rights laws ratified by Iran, by sentencing a juvenile to death is a breach of the law on behalf of the Islamic Republic of Iran government.
Under Sharia law Article 111 for homosexuality, Nemat Safavi was not adult at the time of the alleged 'offenses. It is also a gross violation of international law, which forbids, under any circumstance, the executive of juvenile offenders.
The charges against Nemat Safavi, Ghasem Bashkool, Loghman Hamzepoor, Hamzeh Chavosh, Mohsen Ghebraee, Hamid Taghi, Mehdi Pooran, and Mohammad Rezaee are against UN declarations and statements that condemn the persecution of person based on sexual orientation or gender identities. From 1994 case, Toonen v. Australia, charging a defendant with a death sentence by discrimination based on sexual orientation is a violation of human rights laws and disregards UN declarations and statements.
The Undersigned respectfully request the parties to take the following aciton:
- Immediately stop the execution of Nemat Safavi, Ghasem Bashkool, Loghman Hamzepoor, Hamzeh Chavosh, Mohsen Ghebraee, Hamid Taghi, Mehdi Pooran, and Mohammad Rezaee who are all charged with death sentences without any regard international human rights laws ratified by Iran.
-Immediately drop all charges against the defendants and immediately release them.
-International organizations need to urgently put pressure and condemn the actions by the Iran government against the named defendants and publicly support an international campaign to halt executions in Iran.
-Give unrestricted access of Human Rights committees and organizations to these juvenile and homosexual cases.
- After dropping charges against these defendants, allow all current prisoners to be tried in courts of law that follow the international standards.
Nemat Safavi, now 19 years old, a juvenile from the province of Ardebil, was arrested in June 2006 as a juvenile at the age of 16 and charged with alleged homosexuality (engaging in the act of lavat, a derogatory term used by the Islamic Republic to refer to sodomy). After the sentence, his case was sent to the Supreme Court, but it was rejected. Then it was sent to Ardebil Criminal Court for re-examination.
It should be noted that the date of the file being reffered to the Criminal Court is March 4, 2009. This is why the appeal court might have already taken place. Consequently, more on the file of this teenager is to be sent.
According to international human rights organizations, including the International Institute for Minority Rights, the following individuals charged with lavat are sentenced to death: Nemat Safavi and Ghasem Bashkool from Ardebil, Loghman Hamzepoor and Hamzeh Chavosh from Sardasht, Mohsen Ghebraee from Shiraz, Hamid Taghi, Mehdi Pooran, and Mohammad Rezaee from Tabriz.
More details on 3 of the defendants cases:
Mehdi Pooran and Moshen Ghebraee have denied the charges, and no witnesses testified against them. Safavi was arrested at the age of 16 in 2006, and tried by a court in Ardebil, where he is being held. The courts sentenced all three to death despite the requirement in Iran's Shari'a-based criminal code that sexual offenses require a confession repeated four times or the testimony of four male witnesses. However, the code allows judges to use their "knowledge" in determining guilt where no such evidence is available, a dangerously elastic provision. Judges relied on such discretionary "knowledge" to sentence Mehdi P. and Moshen G. No information is available on the source of evidence for the third judgment on Safavi.
*Info Courtesy HRW/IGLHRC/UN/AMNESTY/FM/P2E
International Laws:
Protection of juveniles under the age of 18 years old
The United Nations Convention on the Rights of the Child and the International Covenant on Civil and Political Rights prohibits the execution of minors which was ratified and signed by Iran.
Article 6 - of International Covenant on Civil and Political Rights that sentence of death shall not be imposed for crimes committed by persons below 18 years of age and shall not be carried out on pregnant women. The states that nations that have not abolished the death penalty, such as government of Iran, it must only impose it for the "most serious crimes." The Human Rights Committee, which authoritatively interprets the covenant, has said that should mean the death penalty should be a "quite exceptional measure."
Article 37 - of the Convention on the Rights of the Child states - Torture and deprivation of liberty: No child shall be subjected to torture, cruel treatment or punishment, unlawful arrest, or deprivation of liberty. Both capital punishment and life imprisonment without the possibility for release are prohibited for offenses committed by persons below 18 years. Any child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so. A child who is detained shall have legal and other assistance as well as contact with the family. This Convention is ratified by Iran.
Iranian Laws:
Under Sharia law in Iran Article 111 for Homosexuality- Lavat is "punishable by death so long as both the active and passive partners are mature, of sound mind, and have acted of free will" something that not only conflicts with the boys age at the time of the alleged 'offenses, but also a gross violation of international law, which forbids, under any circumstance, the executive of juvenile offenders.
UN Declarations and Statements:
Protection of Persons based on sexual orientation
1994 decision in landmark case of Toonen v. Australia, the UN Human Rights Committee -- the body that interprets the International Covenant on Civil and Political Rights (ICCPR), one of the UN's core human rights treaties -- held that human rights law prohibits discrimination based on sexual orientation. Since then, the United Nations' human rights mechanisms have condemned violations based on sexual orientation and gender identity, including killings, torture, rape, violence, disappearances, and discrimination in many areas of life.
On Dec 12th, 2008, UN declaration statement passed which reaffirms the principle of non-discrimination which requires that human rights apply equally to every human being regardless of sexual orientation or gender identity. In addition to the passed declaration, the United Nations made a statement: We condemn the human rights violations based on sexual orientation or gender identity wherever they occur, in particular the use of the death penalty on this ground, extrajudicial, summary or arbitrary executions, the practice of torture and other cruel, inhuman and degrading treatment or punishment, arbitrary arrest or detention and deprivation of economic, social and cultural rights, including the right to health."
Application:
Nemat Safavi was charged as a juvenile at the age of 16 and was given a death sentence for homosexuality by act of lavat. According to Article 6 and Article 37 of the UN international human rights laws ratified by Iran, by sentencing a juvenile to death is a breach of the law on behalf of the Islamic Republic of Iran government.
Under Sharia law Article 111 for homosexuality, Nemat Safavi was not adult at the time of the alleged 'offenses. It is also a gross violation of international law, which forbids, under any circumstance, the executive of juvenile offenders.
The charges against Nemat Safavi, Ghasem Bashkool, Loghman Hamzepoor, Hamzeh Chavosh, Mohsen Ghebraee, Hamid Taghi, Mehdi Pooran, and Mohammad Rezaee are against UN declarations and statements that condemn the persecution of person based on sexual orientation or gender identities. From 1994 case, Toonen v. Australia, charging a defendant with a death sentence by discrimination based on sexual orientation is a violation of human rights laws and disregards UN declarations and statements.
The Undersigned respectfully request the parties to take the following aciton:
- Immediately stop the execution of Nemat Safavi, Ghasem Bashkool, Loghman Hamzepoor, Hamzeh Chavosh, Mohsen Ghebraee, Hamid Taghi, Mehdi Pooran, and Mohammad Rezaee who are all charged with death sentences without any regard international human rights laws ratified by Iran.
-Immediately drop all charges against the defendants and immediately release them.
-International organizations need to urgently put pressure and condemn the actions by the Iran government against the named defendants and publicly support an international campaign to halt executions in Iran.
-Give unrestricted access of Human Rights committees and organizations to these juvenile and homosexual cases.
- After dropping charges against these defendants, allow all current prisoners to be tried in courts of law that follow the international standards.
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Goal: 5,000
Information
By:
Eunice Solomon
In:
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Petition target:
Supreme Leader Ayatollah Ali Khamenei, Iran Head of Judiciary Sadegh Larijani, United Nations Secretary General Ban Ki Moon, UN High Commissioner for Human Rights Navanethem Pillay, Amnesty,
Supreme Leader Ayatollah Ali Khamenei, Iran Head of Judiciary Sadegh Larijani, United Nations Secretary General Ban Ki Moon, UN High Commissioner for Human Rights Navanethem Pillay, Amnesty,
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