Ms. Heidi Hautala, Chair of the Human Rights Subcommittee and Ms. Barbara Lochbihler, Chair of the Iran Delegation have voiced their concern to the Iranian Embassy regarding Mr. Seyed Abbas Hosseini’s death penalty.
Hautala and Lochbihler hope that the embassy could use its diplomatic possibilities to intervene with the Iranian Judiciary in order to prevent the execution of Abbas Hosseini, a juvenile offender. His execution seems to be imminent (possibly Monday).
[:]Summary of the case:
Mr. Seyed Abbas Hosseini son of Alidad, born in 1985 has been prosecuted on charge of murdering the late Mr. Ali Teimourzadeh on 24/06/2003. Mr. Teimourzadeh had taken the defendant to his house as a labourer and attempted to rape him. He had committed Tafkhiz** where he was faced with the defendant’s resistance and with entrance of children of Late Mr. Teimourzadeh, the defendant could not leave the house and committed murder with a knife.
The case was proceeded in branch number 43 of the former Public Court of Mashad and by virtue of the judgement number 83/3/12-277 , the request of the avengers of blood and confession of the defendant; he was condemned to retaliation for murder. Considering the appeal to the issued judgement; the case was brought to the attention of the branch number 41 of the Supreme Court where after making a report from the case, according to the judgment number 83/7/9-41/246, found the issued judgment flawless and upheld it.
The case was submitted to the office of the Head of the Judiciary for Estizan***; the judgement was confirmed and returned for enforcement. Considering that the condemned party is a minor, enforcement of article 2 of duties and authorities of the Honourable Head of the Judiciary was requested and with his agreement, the case was submitted to branch number 13 of the Supreme Court for hearing. The mentioned court branch, through verdict number 87/2/8-13/1388 approved the exception to the age of the condemned party, the issued judgement was quashed and the case submitted to branch number 103 of the Public Juvenile Court where after hearing the case, the defendant was condemned to retaliation for murder and the judgement was issued and announced.
The lawyer for the condemned party appealed, and by virtue of the records the case was submitted to branch number 41 of the Supreme Court but the mentioned branch had requested for the case to be proceeded in another branch of the Supreme Court; subsequently submitted to this branch (branch number 33).
The panel session was held on the above mentioned date and after reading the report of Mr. Mohamamd Ramandi, the Counsellor, contents of the case and the written statement of Mr. Seyed Hassan Mir Hosseini, Assistant to the Public Prosecutor General of the Supreme Court, which, briefly confirmed the appealed verdict number 87/05/15- 87099751158000339; due to lack of consensus, with the presence of Mr. Mohammad Hossein Ahmadi, Associate Justice of another branch; the following judgement was issued with majority of votes:
((In the name of God))
Verdict of the Court —With regard to the contents of the case, in particular the statements together with the confession dated 24/07/2003 and 27/07/2003 of Mr. Seyed Abbas Hosseini son of Ali, during the disciplinary investigation, to premeditated stabbing the chest of the Mr. Ali Teimourzadeh and describing the points of fact and lack of claim of pederasty even Tafkhiz and leaving his house and approaching Mr. Ali Teimurzadeh’s house again with his friend ( as per the defendant’s statement: they agreed that the defendant would bring somebody to sexually satisfy the late Mr. Teimourzadeh) and Mr. Teimourzadeh’s response that there is somebody at home now and he has to bring him in the evening and as soon as Mr. Teimourzadeh’s returned home, the defendant stabbed him; considering the proceeding of the mentioned court and establishment of the crime attributed to Mr. Seyed Abbas Hosseini for committing murder of Mr. Ali Teimurzadeh and issuance of judgement for retaliation for murder (upon request of the avengers of blood of murdered); there is no breach of the procedural rules and regulations. The appeal of Ms. Keshavarz, lawyer of the condemned party would not quash the judgement; hence, by virtue of Note A of Article 265 of the Criminal Procedural Law , the appealed judgement is confirmed ./.
Signed by the Chairman of the branch 33 f the Supreme Court: Rahmatollah Orouji
Associate Justice: Mr. Mohammad Hossein Ahmadi