In this legal commentary, Iranian human rights lawyer Mohammad Mostafaei analyzes the practice of juvenile execution in Iran through an examination of several case studies and exploration of relevant Iranian laws. By Mohammad Mostafaei, Iranian Human Rights Lawyer, August 2012.
Case No. 1 – Alireza Mullah Soltani, 17 years old
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| Alireza Mullah Soltani's execution |
On July 16, 2011, Alireza Mullah Soltani, a 17 year-old youth, along with two of his friends were driving home in a [Kia]-Pride automobile on Gulshahr Street in Karaj when a black Hyundai-Azera started tail-gating them and flashing headlights, indicating to Soltani and his friends to move faster. The driver of the Pride accelerates; however, some distance further the car has to slow down because speed-bumps on the road. The deceleration frustrates the Hyundai passengers and a verbal argument ensues between the passengers in the two cars. The Pride approaches Puneh Street; as it turns onto the street, one of the passengers in the Azera leans his upper body down to his waist out of the car window and strikes Alireza harshly on his hand. Both cars come to a halt and a fight breaks out between the passengers of the two cars. Someone named Rohullah Dadashi exits the car and severely slaps Alireza across the face, causing Alireza’s mouth to bleed. The man, who is large and strongly built, asks Alireza if he knows who he is. Alireza, shocked and terrified, thinks to himself that if he draws his pocket knife, his opponent will leave him alone and flee; however instead of his nemesis fleeing upon the sight of the weapon, a physical altercation ensues. Initially, Alireza cuts Rohullah’s hands twice—then, even though Alireza intends to leave the scene, the fight intensifies and his knife strikes Rohullah’s neck and throws him to the ground. Alireza flees the scene.
Following Rohullah’s death, much attention is drawn to the fact that Rohullah held the title of ‘Iran’s Strongest Man.’ As such, the case attracts prominence—all whilst Alireza—the alleged perpetrator—is at large. Alireza decides to escape to another city; he sets off for Ardebil. However, on the way, his conscience does not allow him to flee, so he returns and turns himself in.[1]
Subsequent to being arrested, Alireza is immediately interrogated, during which he is denied access to legal counsel. In a short period of time, an indictment is issued for Alireza and his case is forwarded to Branch One of the Criminal Court in the Province of Alborz for review by Justice Ranjbar and four other court advisors.
On 28 July, i.e., 11 days after the incident, the first hearing is convened with a panel of five judges presiding. The indictment is read out and the prosecutor asks for the maximum penalty, i.e., execution at the scene of the crime. The next-of-kin of the victim ask for Qisas [retribution]—or, in this case, death. The hearing commences at 11:17 A.M. and ends at 13:13 P.M. In other words, in two short hours—much of which was spent reading the indictment and hearing the evidence given by the witnesses—the proceedings were concluded. A court assigned defense lawyer, who was given hardly any time to review the case file and thereby provide an adequate defense, points out three issues. He indicates: 1) my client has no prior record; 2) the crime was a result of my client acting in self-defense—which is permitted under the law; 3) he is a minor. The defendant himself stated these facts in court and testified unequivocally that he did not intend to commit murder.
Due to external pressures because of the high profile nature of the case, the court summarily issues an execution order against Alireza on that same day. The verdict was communicated immediately to the accused and his lawyer. The lawyer, in turn, appeals the case, given the young age of his client and the fact that he acted in self-defense.
The Head of the Supreme Court forwards Ruhollah Dadashi’s murder case to Branch 11 of the Supreme Court. The branch Justices, notwithstanding the age of the accused and circumstances surrounding the case, uphold the verdict and immediately submit the decision to the Enforcement of Orders in Karaj judiciary for action.
In turn, the Karaj judiciary then immediately issues a statement announcing Alireza Mullah Soltani’s execution will be scheduled for September 21 and be implemented at the scene of the crime. The judiciary announces a publication ban of all forms, i.e., any form of photography or recording and their publication in the media.
On September 21, 2011 the “stage” is set for Alireza’s execution. A crane is brought to the site and—despite the judiciary’s ban—a special area is marked off for the press that gives a full view of the scene.
Alireza is brought to the site of the impending execution at 5:00 A.M.; at 5:30 A.M. he is put on the stool to be hanged. As he climbs onto the stool, Alireza cries and begs loudly for forgiveness. Alireza slips a few times before he manages to keep his balance on the stool.
Alireza was executed publicly on September 21, 2011 before a crowd of spectators who came to watch the hanging, and the event received wide media coverage.
Source: Iran Human Rights Documentation Center, Mohammad Mostafaei, Iranian Human Rights Lawyer. Commissioned by the Iran Human Rights Documentation Center, 129 Church St., Suite 304, New Haven, CT 06511, USA.