Special Rapporteur on the situation of human rights in the Islamic Republic of Iran
A/HRC/40/67 para 75(h)
Full recommendation:
Pending implementation of the aforementioned recommendations, and without prejudice to the
binding obligation enshrined in the Convention on the Rights of the Child and the International
Covenant on Civil and Political Rights to not sentence children to death and to not execute child
offenders, the Special Rapporteur recommends that the judiciary: (h) Ensure that the court takes
into account the circumstances in which the child is living and the conditions in which any
offence has allegedly been committed, including through the preparation, introduction and full
consideration of pre-sentence reports. Ensure that the court is informed about all relevant facts
about the child, such as social and family background, wealth, education and circumstances of
marriage. Ensure that adequate social services capacity has been established to be able to
provide such reports and is mandated to provide such advice.
Assessment using Impact Iran human rights indicators1
A. The Special Rapporteur recommends that the judiciary ensures that the court takes
into account the circumstances in which the child is living and the conditions in
which any offence has allegedly been committed, including through the preparation,
introduction and full consideration of pre-sentence reports
A number of articles in the Islamic Penal Code2 and the Code of Criminal Procedure3
recommend the court to take into consideration the circumstances in which the child is living and
the conditions in which any offence has allegedly been committed. However, in accordance with
Article 211 of the Penal Code, the judge is given full discretion to issue a verdict based on what
is usually referred to as the ‘judge’s knowledge’. Ultimately, the judge can issue a verdict
without taking into account pre-sentence reports.
Children who have reported acts of torture and ill-treatment against them as well as forced
confessions of guilt and subsequently denied their confessions have been sentenced to the death

1

CCPR.6.5.S.1; CRC.6.1.S.2; CRC.37.4.S.1; CCPR.6.5.P.1; CRC.37.4.P.1; CCPR.6.5.O.1; CCPR.6.5.O.2
Articles 88, 90, 91 of Islamic Penal Code.
3
Article 410 of the Criminal Procedure Code.
2

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Select target paragraph3