Arrest by the Komiteh of male teenagers instead of his parents or guardians for distributing pamphlets against the régime, and whether the law distinguishes between minors and adults in sentencing [IRN30039.E]

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]