penalty in the Islamic Republic of Iran suggesting that the court doesn’t take into account all
circumstances in which any offence has been allegedly committed. 4 5 6 7
B. The Special Rapporteur recommends that the judiciary ensures that the court is
informed about all relevant facts about the child, such as social and family
background, wealth, education and circumstances of marriage.
As mentioned above, the law recommend that the court is informed about all relevant facts about
child, but it is not a requirement. As such, the judiciary does not ensure that the court is informed
about all relevant facts about the child. For example, while Article 149 of the Islamic Penal Code
excludes anyone with mental disorder from criminal responsibility, there has been cases where
children diagnosed with mental disorder prior to their trial have been executed nonetheless.8 9 10
C. The Special Rapporteur recommends that the judiciary ensures that adequate social
services capacity has been established to be able to provide such reports and is
mandated to provide such advice.
Correctional facilities work with the State Welfare Organization who may provide the services of
experts as well as support programmes. Experts from the Welfare Organization may provide
reports to the courts.
However, there is no readily available information that might suggest that the Iranian judiciary
ensures that adequate social services capacity has been established to be able to provide reports
about the circumstances in which the child is living and the conditions in which any offence has
allegedly been committed, as well as all relevant facts about the child.
Recommendation Status:
This recommendation has NOT been implemented.
4
See: https://www.en-hrana.org/juvenile-offender-death-row-ardabil-prison;https://www.en-hrana.org/open-letter-kurdishcitizen-fears-for-imprisoned-brothers-life ; https://www.en-hrana.org/mohammad-saber-malek-reisi-teenager-became-adultprison
5
OHCHR News, https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23689&LangID=E
6
Amnesty International, https://www.amnesty.org/en/latest/news/2019/04/iran-two-17yearold-boys-flogged-and-secretlyexecuted-in-abhorrent-violation-of-international-law/
7
Amnesty International, https://www.amnesty.org/en/latest/news/2020/12/iran-stop-execution-of-young-man-arrested-at-16-andforced-to-confess/
8
Amnesty International, https://www.amnesty.org/en/latest/news/2020/04/iran-execution-of-young-man-vengeful-and-cruel/
9
OHCHR News, https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=24581&LangID=E
10
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
2