AI Index: MDE 13/099/2008
FOR YOUR INFORMATION
25 July 2008
Further Information on UA 263/07 (MDE 13/116/2007, 16 October 2007) and follow-ups (MDE 13/146/2007, 11 December 2007; MDE 13/152/2007, 21 December 2007) - Death penalty / Fear of imminent execution / Unfair trial concern
Ali Mahin Torabi (m), aged about 21, juvenile offender
Following a review ordered by the head of Iran's judiciary, Ali Mahin Torabi’s death sentence has been quashed and he will be retried.
Ali Mahin Torabi was convicted of a murder committed when he was 16 years old. He was detained on 3 February 2003 in connection with a playground fight which resulted in the fatal stabbing of a schoolmate named Mazdak Khodadian. At the time, Ali Mahin Torabi repeatedly stated that he had not intended to stab Mazdak Khodadian, and only realized that the latter was injured when he heard shouting from children who had gathered around them. Ali Mahin Torabi was sentenced to qesas (retribution) on 8 February 2003.
Ali Mahin Torabi's lawyer has repeatedly drawn attention to the lack of clarity and doubts surrounding the events leading to the death of Mazdak Khodadian, noting for example that the coroner reported that the dead boy's injuries did not seem to have been inflicted intentionally.
In December 2007, the head of Iran's judiciary, Ayatollah Mahmoud Hashemi Shahroudi, ordered a review of the case. On 25 July, he announced that he had quashed the verdict of qesas (retribution). Ali Mahin Torabi's case has been passed to the judiciary in Tehran for retrial.