{"id":4071483,"date":"2008-10-27T18:30:22","date_gmt":"2008-10-27T08:30:22","guid":{"rendered":"https:\/\/www.stopchildexecutions.com\/scenewsarchive\/?p=4071483"},"modified":"2023-04-13T05:14:03","modified_gmt":"2023-04-13T05:14:03","slug":"the-paradox-of-executing-juveniles","status":"publish","type":"post","link":"https:\/\/www.stopchildexecutions.com\/scenewsarchive\/2008\/10\/27\/the-paradox-of-executing-juveniles\/","title":{"rendered":"The Paradox of Executing Juveniles"},"content":{"rendered":"
Source: Asieh Amini – 2008.10.26  published in Roozonline<\/strong><\/em>
\nhttp:\/\/www.roozonline.com\/english\/archives\/2008\/10\/the_paradox_of_executing_juven.html<\/a>
<\/em><\/strong>
\n\u200eLast week, two comments from the same senior judiciary official in Iran over the \u200eexecutions of juveniles prompted a new controversy in the country\u2019s media. Initially, the \u200edeputy prosecutor for judiciary affairs of Iran said no death sentences would be passed \u200efor individuals under the age of 18. Three days later,
\nhe said what he had meant was not \u200ethat the implementation of Ghesas (punishment in kind), the punishment of death for \u200ethose who had committed a murder as requested by the victim\u2019s family, for individuals \u200eunder 18 should be stopped. \u200e<\/p>\n
\nThis difference in view is because of the two different interpretations that exist for the  \u200econcept of Ghesas among experts and among laymen. In Islam, Ghesas is not defined as a \u200e\u200e\u201cpublic right\u201d which is why the relatives of a murder victim have the right to request  that \u200ethe death penalty be implemented or not implemented for the perpetrator of the murder. \u200eThe death penalty, on the other hand, is a public right, and not a part of private rights.\u200e<\/div>\n
This distinction had also been made early by Dr Alireza Jamshidi, the spokesperson of \u200ethe judiciary. He had said that there was a difference between the death penalty and \u200eGhesas and said that individuals who were under 18 years of age were not given  the death \u200epenalty, and that only murderers received the Ghesas punishment. But this  statement does \u200enot reflect the reality either. Since 2004 there have been at least three  cases in which the \u200edeath penalty was executed on cases that did not involve a murder.<\/p>\n

The cases involved a \u200eprostitution (as attested by the confessions of the person), a  homosexual sex (as confessed \u200eby witnesses), and, smuggling of drugs, which was  basically ignored by the media. But \u200emore importantly, during the last four years (i.e. exactly a year since the first order \u200ebanning the execution of individuals under 18 years old was issued by the head of Iran\u2019s \u200ejudiciary) at least two cases of executing Ghesas have been recorded for individuals who \u200ewere under 18 years  of age (Atefeh who was 16 and Mohammad Hassanzadeh who was \u200e\u200e17 years old). \u200e<\/div>\n

With these known cases, the question that is raised is that why is supervision over courts \u200eby the judiciary so weak that a violation of the orders of the head of the judiciary and the \u200eviolations of the express laws in this regard are easily tolerated. Another question that is \u200erelevant is that why despite the existence of sufficient evidence regarding  judicial \u200eviolations in the implementation of the death penalty for those less than 18 years old, \u200eofficials insist on denying the execution of such orders. But most importantly, why
\n do \u200eofficials use religious and legal terms when talking with people, who are not familiar  \u200ewith these technical terms, thus creating confusion or undue expectations for the relatives \u200eand family members of the juveniles. On the first issue, the deputy prosecutor had said \u200ethat defendants who were under 18 years old would not face the death penalty as the law \u200eprescribed, regardless of the crime they had committed. These words had no ifs or buts.<\/p>\n

 \u200eAnd no specific crimes, committed by people under 18 years of age, such as murder or \u200eother crimes with the death penalty as their reprimands, were identified or listed. So \u200edespite these remarks, just three days after assurances were provided by the judiciary, the \u200every  same judiciary official announced that individuals who had been sentenced for \u200eGhesas,  would actually be executed because the decision to execute them or not rested \u200ewith the relatives of the victim. When something is said in front of the media which lacks \u200eany conditions, the conclusion is that is reached is much larger.\u200e<\/div>\n

The history of issuing circulars in line with human rights, has not been short. We have \u200erepeatedly heard from judiciary authorities that the leaders if the judiciary are working to \u200eimprove laws or to improve the laws.\u200e In fact one of the key duties of the Judiciary is to present bills to the government who in \u200eturn sends them to executive branch of government after its review. If the law is not \u200emodified, then the law may rest in contradiction with other laws. For example in criminal \u200ecases where the law allows the judge to monitor the implementation of the sentence from \u200ethe time the sentence is passed, in fact the order to stay the implementation of a judgment \u200eis in contradiction with the law and a judge in such a situation would be in violation of \u200eone of the laws, regardless of which he chose to follow. So when there are laws in Iran \u200ethat allow the execution of a juvenile, prohibiting such executions through circulars or \u200ejudicial orders issued by the head of the judiciary in fact creates a paradox.<\/div>\n<\/div>\n
<\/div>\n","protected":false},"excerpt":{"rendered":"

Source: Asieh Amini – 2008.10.26  published in Roozonline<\/strong><\/em>
\nhttp:\/\/www.roozonline.com\/english\/archives\/2008\/10\/the_paradox_of_executing_juven.html<\/a>
<\/em><\/strong>
\n\u200eLast week, two comments from the same senior judiciary official in Iran over the \u200eexecutions of juveniles prompted a new controversy in the country\u2019s media. Initially, the \u200edeputy prosecutor for judiciary affairs of Iran said no death sentences would be passed \u200efor individuals under the age of 18. Three days later,
\nhe said what he had meant was not \u200ethat the implementation of Ghesas (punishment in kind), the punishment of death for \u200ethose who had committed a murder as requested by the victim\u2019s family, for individuals \u200eunder 18 should be stopped. \u200e<\/p>\n

\nThis difference in view is because of the two different interpretations that exist for the  \u200econcept of Ghesas among experts and among laymen. In Islam, Ghesas is not defined as a \u200e\u200e\u201cpublic right\u201d which is why the relatives of a murder victim have the right to request  that \u200ethe death penalty be implemented or not implemented for the perpetrator of the murder. \u200eThe death penalty, on the other hand, is a public right, and not a part of private rights.\u200e<\/div>\n
This distinction had also been made early by Dr Alireza Jamshidi, the spokesperson of \u200ethe judiciary. He had said that there was a difference between the death penalty and \u200eGhesas and said that individuals who were under 18 years of age were not given  the death \u200epenalty, and that only murderers received the Ghesas punishment. But this  statement does \u200enot reflect the reality either. Since 2004 there have been at least three  cases in which the \u200edeath penalty was executed on cases that did not involve a murder.<\/p>\n

The cases involved a \u200eprostitution (as attested by the confessions of the person), a  homosexual sex (as confessed \u200eby witnesses), and, smuggling of drugs, which was  basically ignored by the media. But \u200emore importantly, during the last four years (i.e. exactly a year since the first order \u200ebanning the execution of individuals under 18 years old was issued by the head of Iran\u2019s \u200ejudiciary) at least two cases of executing Ghesas have been recorded for individuals who \u200ewere under 18 years  of age (Atefeh who was 16 and Mohammad Hassanzadeh who was \u200e\u200e17 years old). \u200e<\/div>\n

With these known cases, the question that is raised is that why is supervision over courts \u200eby the judiciary so weak that a violation of the orders of the head of the judiciary and the \u200eviolations of the express laws in this regard are easily tolerated. Another question that is \u200erelevant is that why despite the existence of sufficient evidence regarding  judicial \u200eviolations in the implementation of the death penalty for those less than 18 years old, \u200eofficials insist on denying the execution of such orders. But most importantly, why
\n do \u200eofficials use religious and legal terms when talking with people, who are not familiar  \u200ewith these technical terms, thus creating confusion or undue expectations for the relatives \u200eand family members of the juveniles. On the first issue, the deputy prosecutor had said \u200ethat defendants who were under 18 years old would not face the death penalty as the law \u200eprescribed, regardless of the crime they had committed. These words had no ifs or buts.<\/p>\n

 \u200eAnd no specific crimes, committed by people under 18 years of age, such as murder or \u200eother crimes with the death penalty as their reprimands, were identified or listed. So \u200edespite these remarks, just three days after assurances were provided by the judiciary, the \u200every  same judiciary official announced that individuals who had been sentenced for \u200eGhesas,  would actually be executed because the decision to execute them or not rested \u200ewith the relatives of the victim. When something is said in front of the media which lacks \u200eany conditions, the conclusion is that is reached is much larger.\u200e<\/div>\n

The history of issuing circulars in line with human rights, has not been short. We have \u200erepeatedly heard from judiciary authorities that the leaders if the judiciary are working to \u200eimprove laws or to improve the laws.\u200e In fact one of the key duties of the Judiciary is to present bills to the government who in \u200eturn sends them to executive branch of government after its review. If the law is not \u200emodified, then the law may rest in contradiction with other laws. For example in criminal \u200ecases where the law allows the judge to monitor the implementation of the sentence from \u200ethe time the sentence is passed, in fact the order to stay the implementation of a judgment \u200eis in contradiction with the law and a judge in such a situation would be in violation of \u200eone of the laws, regardless of which he chose to follow. So when there are laws in Iran \u200ethat allow the execution of a juvenile, prohibiting such executions through circulars or \u200ejudicial orders issued by the head of the judiciary in fact creates a paradox.<\/div>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[1],"tags":[105,106],"_links":{"self":[{"href":"https:\/\/www.stopchildexecutions.com\/scenewsarchive\/wp-json\/wp\/v2\/posts\/4071483"}],"collection":[{"href":"https:\/\/www.stopchildexecutions.com\/scenewsarchive\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.stopchildexecutions.com\/scenewsarchive\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.stopchildexecutions.com\/scenewsarchive\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.stopchildexecutions.com\/scenewsarchive\/wp-json\/wp\/v2\/comments?post=4071483"}],"version-history":[{"count":1,"href":"https:\/\/www.stopchildexecutions.com\/scenewsarchive\/wp-json\/wp\/v2\/posts\/4071483\/revisions"}],"predecessor-version":[{"id":5195648,"href":"https:\/\/www.stopchildexecutions.com\/scenewsarchive\/wp-json\/wp\/v2\/posts\/4071483\/revisions\/5195648"}],"wp:attachment":[{"href":"https:\/\/www.stopchildexecutions.com\/scenewsarchive\/wp-json\/wp\/v2\/media?parent=4071483"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.stopchildexecutions.com\/scenewsarchive\/wp-json\/wp\/v2\/categories?post=4071483"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.stopchildexecutions.com\/scenewsarchive\/wp-json\/wp\/v2\/tags?post=4071483"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}