Amnesty International Issues Urgent Action Appeal for Raheleh Zamani

URGENT ACTION APPEAL
- From Amnesty International USA

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For a print-friendly version of this Urgent Action (PDF):
http://www.amnestyusa.org/actioncenter/actions/uaa33407.pdf

17 December 2007

UA 334/07   Imminent execution

IRAN           Raheleh Zamani (f), aged 27

Raheleh Zamani, a mother of two children aged five and
three, is facing imminent execution for the killing of her
husband. According to reports received by Amnesty
International, she is due to be hanged on 20 December. Her
husband's family has refused to accept diyeh (blood money),
and are insisting on the implementation of the sentence. At
this stage, the Head of the Judiciary has the power to
temporarily suspend executions and order a review of a case.

Raheleh Zamani was sentenced to qesas-e nafs (retribution in
kind) in October 2005 for the murder earlier the same year
of her husband, Mohammad Zamani, whom she alleged was having
an extra-marital affair. Raheleh Zamani reportedly said in
her defense that she was threatened with violence by her
husband each time she asked him to end his affair. She said
that she had never meant to kill her husband, but just
wanted to ''teach him a lesson''. A month and a half prior
to the murder, Raheleh Zamani had given birth to her second
child, a son. She may have been suffering from severe post-
natal depression.

Raheleh Zamani is said to have told the court that on the
day of the incident, she arrived home and found her husband
with another woman. She then confronted her husband but he
began beating her and threw her out of the house. When
Raheleh Zamani returned home a few hours later, Mohammad
Zamani refused to apologize for his actions and threatened
to kill her if she said anything to anyone about his extra-
marital relationships. When her husband went for a nap,
Raheleh Zamani killed him.

BACKGROUND INFORMATION
In the Iranian Penal Code murder is punishable by qesas-e
nafs, or death. Murder by someone with diminished
responsibility may be punishable by the payment of diyeh, a
form of compensation. In cases of pre-meditated murder, the
family of the victim has the right to ask for their
relative's killer to be put to death. The family can also
choose to forgive the culprit and accept payment of diyeh
instead.

Also in the Iranian legal system, there is a distinction
between cases where the penalty is "execution" (hokm-e
'edam) and qesas, although people sentenced to qesas are
often reported in the media to have been sentenced to death.
In Iranian law, murder is treated as a private dispute
between two civil parties ? the state's role is to
facilitate the resolution of the dispute through the
judicial process. In this sense, the death penalty is
regarded as being imposed by the state, whereas qesas is
imposed by the family of the victim. As a result, sentences
of qesas are not open to pardon or amnesty by the Supreme
Leader, whereas most other death sentences can be reversed
by the Supreme Leader. This is in contravention of Article 6
(4) of the International Covenant on Civil and Political
Rights, to which Iran is a state party, which says that in
the eyes of international law, Iran remains fully
responsible for respecting and protecting the rights of
those under its jurisdiction, irrespective of the role that
private parties may play in the administration of justice.

Executions in Iran have increased sharply in 2007,
particularly in the wake of a crackdown on "social vices"
which was announced in April and has continued to date.
Amnesty International has recorded over 300 executions to
date, some of which have been in public, including some
multiple hangings. Executions of women are rare: five have
been recorded so far this year.

RECOMMENDED ACTION: Please send appeals to arrive as quickly
as possible:
- calling for an immediate halt to the scheduled execution
of Raheleh Zamani on 20 December;
- calling for Raheleh Zamani's death sentence to be
commuted;
- stating that you recognize that governments have a right
and a duty to bring to justice those suspected of criminal
offenses, but stating your unconditional opposition to the
death penalty, as the ultimate cruel, inhuman and degrading
punishment and violation of the right to life;
- asking for details of her trial and any appeals, including
how the judge determined that she had committed pre-
meditated murder;
- urging the Iranian authorities to bring Iranian
legislation into line with their international human rights
obligations, so that people sentenced to death for murder
have the right to seek pardon or commutation of their
sentence from the state.

APPEALS TO:
Leader of the Islamic Republic
His Excellency Ayatollah Sayed 'Ali Khamenei
The Office of the Supreme Leader, Islamic Republic Street -
Shahid Keshvar Doust Street
Tehran, Islamic Republic of Iran
Email: info@leader.ir
Salutation: Your Excellency

Head of the Judiciary
Ayatollah Mahmoud Hashemi Shahroudi
Howzeh Riyasat-e Qoveh Qazaiyeh / Office of the Head of the
Judiciary
Pasteur St., Vali Asr Ave., south of Serah-e Jomhouri,
Tehran 1316814737, Islamic Republic of Iran
Email: info@dadgostary-tehran.ir
(In the subject line write: FAO Ayatollah Shahroudi)
Salutation: Your Excellency

COPIES TO:
President
His Excellency Mahmoud Ahmadinejad
The Presidency, Palestine Avenue, Azerbaijan Intersection,
Tehran, Islamic Republic of Iran
Email: dr-ahmadinejad@president.ir
via website: www.president.ir/email

Director, Human Rights Headquarters of Iran
His Excellency Mohammad Javad Larijani
Howzeh Riassat-e Ghoveh Ghazaiyeh
(Office of the Head of the Judiciary)
Pasteur St.,
Vali Asr Ave., south of Serah-e Jomhuri,
Tehran 1316814737
Fax: 011 98 21 3390 4986 (please keep trying)
Email: fsharafi@bia-judiciary.ir (In the subject line:
FAO Mohammad Javad Larijani)
int_aff@judiciary.ir (In the subject line: FAO
Mohammad Javad Larijani)

Iran does not presently have an embassy in the United
States. Instead, please send copies to:

Iranian Interests Section
2209 Wisconsin Ave NW
Washington DC 20007
Phone: 202 965 4990
Fax: 1 202 965 1073
Email: requests@daftar.org

PLEASE SEND APPEALS IMMEDIATELY.

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This Urgent Action may be reposted if kept intact, including
contact information and stop action date (if applicable).
Thank you for your help with this appeal.