Special Rapporteur on the situation of human rights in the Islamic Republic of Iran
A/HRC/40/67 para 73(a)
Full recommendation:
The Special Rapporteur recommends that Parliament: urgently amend legislation to prohibit the
execution of persons who committed a hudud or qisas crime while below the age of 18 years and
as such are children. Urgently amend the legislation to commute all existing sentences for child
offenders on death row.
Assessment using Impact Iran human rights indicators1
A. The Special Rapporteur recommends that Parliament of the Islamic Republic of
Iran urgently amend legislation to prohibit the execution of persons who committed
a hudud or qisas crime while below the age of 18 years and as such are children
The Islamic Penal Code (2013)2 establishes the age of criminal responsibility at 9 lunar years for
girls and 15 lunar years for boys.3 However, the age of responsibility for ta’zir crimes (crimes for
which fixed penalties are not provided under Islamic law giving the judge discretion as to the
sentence imposed)4 is 18 years. For these crimes, convicted children are sentenced to
correctional measures. In contrast, criminal responsibility for crimes punishable by hudud
(punishments fixed by God) or qisas (punishment or retribution in kind), which carry mandatory
punishments such as death, is maintained at the age of “maturity” that is 9 lunar years for girls
and 15 lunar years for boys.
The law on the “Protection of Children and Adolescents”,5 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.6
In qisas cases, the pardon or commutation of the sentence is based solely on the request of the
victim or the victim’s guardian, which deprives the child defendant of his or her right to seek
pardon or commutation from the State.7 There are several institutions which can intervene to
1
CCPR.6.5.S.1
CCPR.6.5.P.1
CCPR.6.5.O.1
2
Article 146 and 147, 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/
3
Article 1210, note 1
4
Ta’zir crimes are acts that are in violation of Shari’a laws and/or the Islamic Government’s regulations. While punishment of
crimes under by hudud or qisas are provided under Shari’a law, taz’ir crimes do not have codified and fixed penalties under
Shari’a law and are determined at the discretion of the Islamic Government .
5
The Law on the Protection of Children and Adolescents adopted on May 12, 2020 : https://bit.ly/3euW9ZF
6
Article 25 of the law of “Protection of Children and Adolescents”.
7
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
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