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Iran: Delara Darabi’s death sentence

Amnesty International – Delara Darabi’s death sentence, handed down at a retrial in June 2006, was reportedly upheld by Branch 33 of the Supreme Court on 16 January 2007. Her lawyer reportedly lodged an appeal at the beginning of March.

Concerns have been raised about Delara Darabi’s physical and mental health in detention. It is not known whether she is receiving any medical treatment.

 Amnesty International

PUBLIC                                                                                                         

Index: MDE 13/038/2007         
27 March 2007
 
Further Information on UA 04/06 (MDE 13/001/2006, 06 January 2006) and follow-up (MDE 13/084/2006, 01 August 2006) – Death penalty/ Legal concern  New concern: Health concern
 
IRAN                                                 Delara Darabi (f), aged 20, child offender

Delara Darabi’s death sentence, handed down at a retrial in June 2006, was reportedly upheld by Branch 33 of the Supreme Court on 16 January 2007. Her lawyer reportedly lodged an appeal at the beginning of March. Concerns have been raised about Delara Darabi’s physical and mental health in detention. It is not known whether she is receiving any medical treatment.
 
Delara Darabi was initially sentenced to death by Branch 10 of the General Court in the northern city of Rasht. The Supreme Court later found “deficiencies” in her case and sent it for retrial. However, following two trial sessions in January and June 2006, Delara Darabi was sentenced to death for a second time. When the Supreme Court upheld this sentence, Delara Darabi’s lawyer was not immediately informed of their verdict, leading to a delay in his lodging an appeal. Delara Darabi therefore continues to face the death penalty for a murder which took place when she was 17 years old, and which she denies committing.
 
In January 2007, Delara Darabi reportedly tried to commit suicide in Rasht Prison after her request to be moved to less harsh conditions in another prison failed. Her life was saved by her cellmates, who alerted the prison authorities. Delara Darabi’s family was allowed to visit her in mid-March and were reportedly concerned about her health, as she also suffers from a pre-existing kidney complaint, which has apparently worsened in detention. 
 
According to reports, Delara Darabi, then aged 17, and a 19-year-old man named Amir Hossein broke into the house of Delara Darabi’s elderly female relative to commit a burglary. Amir Hossein allegedly killed the woman during the burglary. Delara Darabi initially confessed to the murder, but subsequently retracted her confession. She claims that Amir Hossein asked her to admit responsibility for the murder to protect him from execution, believing that as she was under the age of 18, she could not be sentenced to death. Iran is a state party to international treaties that expressly prohibit the use of the death penalty for crimes committed by those under the age of 18.
 
BACKGROUND INFORMATION
Despite being a state party to international treaties which prohibit the use of the death penalty against child offenders- persons who are under the age of 18 at the time of offence- many child offenders are under sentence of death in Iran.
 
At least 177 people were executed in Iran in 2006, including one person who was under the age of 18 at the time of their execution, and at least three others who were under 18 at the time of the offences of which they were convicted.
 
On 14 January 2007, judges in a Tehran criminal court cleared 19 year old Mahabad Fatehi (known as Nazanin Fatehi) of pre-meditated murder, but ordered her to pay diyeh (blood money) to the family of the man she killed in self-defence in March 2005. She had been sentenced to death for murder in January 2006, but following international protests, her death sentence was quashed by the Supreme Court in May 2006 and her case sent for retrial (see UA 220/05, MDE 13/047/2005, 24 August 2005, and follow-ups).