AI Index: MDE 13/100/2008
25 July 2008
Further Information on UA 146/08 (MDE 13/074/2008, 30 May 2008) and follow-up (MDE 13/082/2008, 12 June 2008) Imminent execution / Legal concern
Mohammad Feda’i (m), aged 21, juvenile offender
The head of Iran's judiciary, Ayatollah Mahmoud Hashemi Shahroudi, has granted juvenile offender Mohammad Feda'i a further one-month stay of execution, to allow further negotiations to take place between his family and relatives of the boy he was convicted of killing. The families are negotiating over the payment of diyeh, or financial compensation, in exchange for a pardon. Mohammad Feda'i is now facing execution on or around 12 August.
Iran is a state party to international treaties including the Convention on the Rights of the Child (CRC) and the International Covenant on Civil and Political Rights (ICCPR), which expressly prohibit the execution of those below the age of 18 at the time of the commission of the offence.
Mohammad Feda’i was sentenced to death for the murder of a boy named Said during a fight. The crime was committed in 2004, when Mohammad Feda'i was 17 years old. The five judges who sentenced him acknowledged that he had not been adequately represented at his trial, as his first legal representative was not an accredited lawyer, and two lawyers hired later had only submitted one written defence statement to the court during his trial. Nevertheless, the death sentence against Mohammad Feda’i was upheld by the Supreme Court.
Mohammad Feda’i had been due to be executed on 18 April 2007. However, the execution was stayed on the basis of the inadequate legal representation during his trial. A subsequent request to the Attorney General for a retrial was rejected, and a new execution date was set for 11 June 2008. He received a second reprieve the day before his scheduled execution to allow talks between his relatives and Said's family over diyeh.