Despite some reports of child offenders having their sentences commuted,17 such reports are rare when compared to the estimated number of child offenders executed annually.18 As of July 2019, the UN Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, Javaid Rehman (“Special Rapporteur”), estimated that 90 individuals sitting on death row were under the age of 18 at the time of their alleged offences.19 Iran has justified the execution of child offenders because it does not execute any children under the age of 18 years old. That is, under Islamic Penal Code, if a child commits a crime punishable by death, the death sentence can be imposed on that individual after a court hearing, but the execution of the death penalty will be suspended until the offender reaches the age of 18 years old. In recent years, there have been numerous reports that Iranian courts have selectively applied Article 91 of Islamic Penal Code and its guiding notes in sentencing child offenders to the death penalty.20 In 2016, the Committee on the Rights of the Child expressed “serious concern” that decisions to exempt children from death sentences under Article 91 of Islamic Penal Code are under full judicial discretion.21 The Special Rapporteur described this judicial discretion as “problematic” because the criteria for assessing children’s mental development is undefined and subjective.22 Despite forensic reports confirming that the defendant was not “fully mature” at the time of the crime, some judges reportedly have decided that the defendant was mature and the language of Article 91 of Islamic Penal Code did not apply to the individual, as they had previously been charged for criminal activities (e.g. robbery). Some judges allegedly have concluded that the child offender was ��mature” based on simple factors, including: if the child understood it is wrong to kill another human being, if the defendant had grown body hair (used as an assessment for mental development), or contributed a lack of mental health concerns with criminal responsibility as those with diminished criminal responsibility typically have mental health issues or are “afflicted with insanity”.23 17 ISNA News, “The death sentence of 6 juvenile offenders was commuted on February 8, 2017” (in Persian): https://www.isna.ir/news/95112014376/ 18 See Abdorrahman Boroumand Center for Human Rights in Iran, https://www.iranrights.org/projects/omidmap 19 Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, A/74/188 (18 July 2019) para 10, https://documents-dds-ny.un.org/doc/UNDOC/GEN/N19/222/62/PDF/N1922262.pdf?OpenElement 20 Amnesty International, https://www.amnestyusa.org/press-releases/irans-hypocrisy-exposed-as-scores-of-juvenile-offenderscondemned-to-gallows/ 21 CRC/C/IRN/CO/3-4, paras 35–36 22 Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, A/HRC/40/67 (30 January 2019) para 61, https://undocs.org/en/A/HRC/40/67 23 Amnesty International, https://www.amnestyusa.org/press-releases/irans-hypocrisy-exposed-as-scores-of-juvenile-offenderscondemned-to-gallows/; Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, A/HRC/40/67 (30 January 2019) para 61, https://undocs.org/en/A/HRC/40/67 3

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