The law on the “Protection of Children and Adolescents”,23 adopted in June 2020, provides
alternative punishments for persons under the age of 18 except for crimes under qisas and hudud,
where the Islamic Penal Code sentences prevails.24
In qisas cases, the execution of the sentence is solely based on the request of the victim or the
victim’s guardian, which deprives the child of his or her right to seek pardon or commutation from
the State.25 There are a number of institutions which can intervene to mediate cases of children
sentenced with qisas, notably in order to commute qisas into diya sentences (blood money). These
institutions include a reconciliation commission, a working group tasked to support mediation with
the next of kin victim, conflict resolution council branches and the Women and Children and
Protection Office of the judiciary. 26 There is no readily available information that would indicate
the number of cases received, reviewed and adjudicated by these institutions.
Additionally, Article 91 of the 2013 Islamic Penal Code allows judges to pronounce alternative
sentences in circumstances where the juvenile “do not realize the nature of the crime committed
or its prohibition, or if there is uncertainty about their full mental development, according to their
age.”27 The Article further adds that “the court may ask the opinion of forensic medicine or resort
to any other method that it sees appropriate in order to establish the full mental development.” In
2017, a number of special procedure mandate holders described ongoing executions of child
offenders in the Islamic Republic of Iran as “conclusive proof of the failure of the 2013
amendments to stop the execution of individuals sentenced to death as children.”28 In 2019, the
Special Rapporteur on the situation of human rights in the Islamic Republic of Iran found that the
aforementioned assessment of the mental development of the accused at the time of the offence
was “arbitrary and inconsistent, and at the sole discretion of the judge, who can choose whether to
seek medical advice or not.”29
The prohibition of imposing the death penalty on children is widely considered to be jus cogens
under international law and represent 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
proved, beyond reasonable doubt, that the accused was older than 18 years old at the time of the
23
The law adopted on May 12, 2020 : https://shenasname.ir/laws/6788
Article 25 of the law of “Protection of Children and Adolescents”.
25
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, January 2019,
https://undocs.org/Home/Mobile?FinalSymbol=A%2FHRC%2F40%2F67&Language=E&DeviceType=Desktop
26
Ibid.
27
Article 91, Islamic Penal Code (2013), English translation, Iran Human Rights Documentation Center,
https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/
28
See OHCHR News, www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21547&LangID=E
29
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, January 2019,
https://undocs.org/Home/Mobile?FinalSymbol=A%2FHRC%2F40%2F67&Language=E&DeviceType=Desktop
24
4