years at the time of the commission of the offence.” The Committee further recommended member States to “ensure a non-discriminatory full application of their child justice system to all persons below the age of 18 years at the time of the offence.”8 With regards to proceedings, the Special Office of the Prosecutor for Children is assigned to conduct investigations of offences committed by children between 15 and 18 years old. However, in cases of zena (“adultery” or “fornication”), lavat (“male-male anal penetration”), “offences against decency”, as well as some ta’zir offences (crimes carrying discretionary punishments) and in cases of crimes committed by children under the age of 15, investigations are directly conducted by the court and the judges who preside over the trial, in contradiction with international standards.9 Iranian law does not prescribe any limit on pretrial detention of defendants under 18. Nor does Iranian law present any procedural safeguards to protect the privacy of child defendants. In addition, there are no separate procedures for initiating investigations and issuing warrants against children or separating children vulnerable to domestic violence from their parents. The Iranian judicial system has established several procedural mechanisms to administer juvenile justice. However, the Islamic Republic still lacks a distinctive and comprehensive juvenile justice system that is geared toward the best interest of the child. While there are positive aspects to the new juvenile courts and juvenile branch of the criminal courts, these developments fail to bring Iran’s juvenile justice system in line with the Convention. Neither court system is constructed around the best interest of the child, nor are there any legal provisions requiring judges to take the best interest of the child into account during criminal proceedings. 10 Designate specialized judges for children and ensure that such specialized judges receive appropriate education and training. The Court for Children and Adolescents can convene with one presiding judge and one advisor.11 The judges serving in the Court are directly appointed by the Head of the Judiciary. They must have at least five years of judicial experience. Other criteria such as their marital status, age, and whether they are parents themselves will be assessed in determining their eligibility for the position.12 The Court will be assigned a number of male and female advisors, who are appointed 8 General comment No. 24 (2019) on children’s rights in the child justice system, CRC/C/GC/24, https://undocs.org/CRC/C/GC/24 9 See more: Amnesty International, https://www.amnesty.org/download/Documents/MDE1327082016ENGLISH.PDF 10 See more: Joint alternative report by civil society organizations on the implementation of the Convention on the Rights of the Child by the Islamic Republic of Iran, 2015, https://tbinternet.ohchr.org/Treaties/CRC/Shared%20Documents/IRN/INT_CRC_NGO_IRN_19809_E.pdf 11 Code of Criminal Procedure, 2015, Article 298. 12 Code of Criminal Procedure, Article 409 2

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