Document #1177280
IRB – Immigration and Refugee Board of Canada (Author)
The following information was provided
during a 10 September 1998 telephone interview with a sociologist
with the Iranian research group with the Centre national de la
recherche scientifique (CNRS) in Paris who is also a chargée
de conférences at the Sorbonne-Nouvelle Paris-III. The
sociologist, who travels frequently to Iran for field research,
spent the summer of 1998 in Iran.
The sociologist stated that in her frequent
travels to Iran she has never heard of or witnessed teenagers
distributing anti-régime pamphlets.
The sociologist stated that a fifteen year
old teenager could be arrested by the Komiteh for many reasons
including criminal activities. In Iran, adulthood is reached at
sixteen for males. When arrested by the police or the Komiteh for
minor crimes, minors call their parents or guardians to join them
at the police station. The parents provide explanations and pay a
fee for the release of the minor and go home. In Iran, minors are
considered "innocent" and not responsible for their actions. If the
minor is accused of a serious crime he would be sent to a special
rehabilitation centre for minors. These centres, which are
separated along gender lines and by the seriousness of the crime
offer moral education and professional classes. The youth can be
kept in these centres until they are twenty. If they are sentenced
to a long seclusion they will be sent to an adult prison when they
reach majority or at the age of twenty.
Distributing anti-régime pamphlets
is considered a serious crime in Iran. Once caught by the security
forces the teenager would have to call his parents or guardian and
ask them to go to the police station. At the station the parents or
guardians would be interrogated in order to find out the origin of
the pamphlets. This would be a difficult situation for the parents.
The sociologist added that it would be unlikely that parents would
let a minor distribute pamphlets because of the risk involved in
such an operation and the fact that they would be the first to be
arrested. The sociologist would also be very surprised that a
teenager would distribute pamphlets.
There are no special tribunals for
delinquent minors in Iran and they are judged in criminal courts.
The testimony of minors is not accepted in a criminal court.
Article 50 of the Islamic Penal Code indicates that for serious
crimes such as murder and assault that has resulted in death or
physical problems, the male parents or guardians would be required
to pay the diyeh (or blood price). If the parents of the victim
decide against the diyeh, the sentence is changed to imprisonment.
For example, in February 1997 the Iranian Human Rights Working
Group (IHRWG) provided information on a case where the parents of
the victims abandoned the diyeh:
It is with great relief the IHRWG has learned that Shahrokh Vosuq and Somayeh Shahbazina, the two teenagers sentenced to death on charges of murdering Ms. Shahbania's young siblings, have been spared from execution. The two had been sentenced to death on February 5th by a court in Tehran. At the time, Ms. Shahbazia's parents had supported the death sentence for the two teenagers. In the latest development in this case, however, they changed their minds and decided to forgive the two. The defendants are now expected to be sentenced to 3-10 years imprisonment.
The sociologist added that Article 50 also
mentions that for minor offences such as breaking a window or
damaging the property of others, the minor would have to reimburse
the damages and the parents or guardians would not have to be
involved.
This Response was prepared after
researching publicly accessible information currently available to
the Research Directorate within time constraints. This Response is
not, and does not purport to be, conclusive as to the merit of any
particular claim to refugee status or asylum.
References
Sociologist, CNRS-Monde Iranien and a
chargée de conférences, Sorbonne-Nouvelle Paris-III,
France. 10 September 1998. Telephone interview.
"IHRWG Welcomes the Lifting of Execution
for Juvenile Offenders". February 1997. Website. [Internet]http://ihrwg.org/dp_97_02.html[Accessed
on 16 Sept. 1998]