Special Rapporteur on the situation of human rights in the Islamic Republic of Iran A/HRC/34/65 para 83 Full recommendation While noting as positive the willingness on the part of the Government to explore steps to reduce the number of executions in the country, the Special Rapporteur is, however, deeply concerned over the alarming level of executions, including of juveniles, in the country. She urges the Government to immediately and unconditionally prohibit the sentencing of children to death and to engage in a comprehensive process to commute all the death sentences that were handed down to persons currently on death row in respect of crimes committed when the person was under the age of 18 years. The Special Rapporteur reiterates the calls made by the previous mandate holder to establish a moratorium on the death penalty and urges the Government to accelerate the process of amending its Anti-narcotic Law and to replace the death penalty for drug-related offences by penalties which comply with relevant international standards. The Government should also put an end to public executions. Assessment using Impact Iran human rights indicators1 A. The Special Rapporteur urges the Government to immediately and unconditionally prohibit the sentencing of children to death 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 in Islamic law giving the judge discretion as to the sentence imposed) is 18 years for all children. For ta’zir 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”, which is 9 lunar years for girls and 15 lunar years for boys. The law on the “Protection of Children and Adolescents”,4 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.5 1 CCPR.6.5.S.1; CRC.6.1.S.2; CCPR.6.5.P.1; CCPR.6.5.O.1; CCPR.6.5.O.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 The law adopted on May 12, 2020 : < https://shenasname.ir/laws/6788 > 5 Article 25 of the law of “Protection of Children and Adolescents”. 2 1

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