Over the years, several executions of child offenders have been commuted in Iran, however, these
reports are rare.8 In the January 2020 report, the Special Rapporteur on the situation of human
rights in the Islamic Republic of Iran wrote that “he continues to monitor the situation of child
offenders on death row and has received information that there are at present at least 100
individuals who have been sentenced to death for crimes committed when they were under 18
years of age”.9
The prohibition on the imposition of the death penalty on children is widely considered to be jus
cogens under international law and represents a violation of Articles 6(5) of the International
Covenant on Civil and Political Rights and 37(a) of the Convention on the Rights of the Child.
The Human Rights Committee has explicitly stipulated that the death penalty cannot be imposed
if it cannot be proven, beyond a reasonable doubt, that the accused was 18 or older at the time of
the offence.10
In light of the above, the Iranian judiciary has not required courts to comprehensively assess mental
development in all cases in line with Article 91 of the Penal Code, and has not always seek expert
advice with a view to ensuring that the child is exempted from the death penalty. Additionally, the
Iranian Legal Medicine Organization has reportedly failed to take into account a child’s medical
history in their advice.

Recommendation Status:
This recommendation has NOT been implemented.

8
For more, please see: Abdorrahman Boroumand Center for Human Rights in Iran https://www.iranrights.org/projects/omidmap
9
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, January 2020,
https://www.ohchr.org/Documents/Countries/IR/Report_of_the_Special_Rapporteur_on_the_situation_of_human_rights_in_the_
Islamic_Republic_of_IranA4361.pdf
10
UN Human Rights Committee (HRC), General comment no. 36, Article 6 (Right to Life), 3 September
2019, CCPR/C/GC/35, available at: https://www.refworld.org/docid/5e5e75e04.html

2

Select target paragraph3