An Open Letter to Human Rights Organizations, Activists, and Concerned Individuals and Entities Worldwide
Reza Alinejad is in imminent risk of execution by hanging in Islamic Republic of Iran (IRI) for accidentally killing a man in self-defence when he was only 17 years old. Based on the evidence presented, as well as the reasons explained below, we hereby object vehemently to Reza’s death sentence and declare that the sentence of death issued in this case flies in the face of international laws and violates established norms of civilized societies.
In December 2002, when Reza was only 17 years old, he, along his friend Hadi, were visiting a market where they had purchased and were eating some food when some men approached them and began to verbally assault and abuse the two teenagers. The boys were soon engaged in a verbal altercation with the men when one of the attackers, Ismaeel, pulled out a weapon and began to beat both Reza and Hadi with it. Reza, who, at this point was terrified of what was happening, felt that he needed to defend himself and his younger friend from the devastating blows. In an attempt to scare and fend off his attackers, Reza pulled out a pocket knife and, while covering his face and eyes from the blows with his left hand, he attempted to ward off his attackers with the knife in his right hand. As Reza struggled with his attackers in this manner, he accidentally stabbed Ismaeel with the knife. The stabbing ultimately led to Ismaeel’s death and Reza was arrested on charges of murder and imprisoned accordingly.
During the initial investigation of this case, certain exculpatory facts were established for the record, including the testimony of the decedent’s own friend, Mohammad, who was present when the aforementioned altercation took place. Mohammad admitted that he and Ismaeel had in fact started the fight and had, without provocation, attacked the two teenagers with their weapons. He conceded that their actions were so aggressive that he could understand why the two boys had acted as they had in self-defence. According to Mohammad’s own account, the teenagers did not have any way of escaping as they were surrounded and overpowered. In fact, the teenagers had suffered serious injuries during the attack and had to be hospitalized.
Another eyewitness -- who was not a participant in the altercation -- confirmed Mohammad’s account of the events. His testimony left no doubt about the fact that Reza was not only engaged in self-defence during the altercation, but that he had no choice but to use the force that he did to save his own life as well as that of his younger friend.
Despite overwhelming evidence establishing that young Reza was acting in self-defence when he stabbed Ismaeel, as well as evidence proving that Reza had not intended nor planned to kill Ismaeel, and despite the fact Reza was a minor at the time of the incident, branch six of Fessa’s criminal court sentenced Reza to death by public hanging.
On appeal, branch 101 of Fessa’s appellate court approved the lower court’s ruling, opining that: (a) Reza should have retreated from the scene of the fight; and (b) he did not have to use a knife to defend himself. The appellate court’s ruling defies the evidence in this case, which clearly establish that neither Reza nor Hadi had any way of escaping the scene of the fight and that Reza would have been beaten to death with a deadly weapon had he not attempted to ward off his attacker. Without granting a full review of the case, Iran’s Supreme Court upheld Reza’s death sentence.
The Supreme Court’s ruling, as well as those of the lower courts before it, is in direct violation of international law, as well as established norms of civilized societies. As explained previously, at the time of the incident in question, Reza was a minor. Article 37 of the Covenant on the Right of the Child, to which the Islamic Republic of Iran is a signatory, prohibits the execution of individuals for acts or crimes committed before the age of majority. Because the IRI has accepted to abide by the governing international rules and treaties, it is prohibited from sentencing Reza to death for acting in self-defence when he was only 17 years old. The fact that Reza has reached the age of majority during his imprisonment is irrelevant. The controlling date for the purposes of this international statute is the date when the incident at issue occurred. In this case, the incident occurred when Reza was a teenager and a minor. As such, Reza’s impending execution is in direct violation of international law. Additionally, such an execution would establish the IRI’s disregard for its obligations to the international community.
Accordingly, we
- submit that the execution order of Reza Alinejad is unjust and illegal and must be vacated immediately;
- request that an order of clemency be issued in this case, leading to Reza’s release from prison as his actions were clearly dictated by the natural right of every human to defend him/herself from serious physical injury or death; and
- strongly condemn the IRI for its flagrant violations of international human rights laws and standards.
Respectfully,
Lily Mazahery, Attorney At Law
Reprinted with the express permission of Ms. Lily Mazahery, Esq.
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