Another major obstacle to justice for children in Iran is access to legal aid. The Constitution of Iran (Article 35) grants everyone the right to select a lawyer and states that if a person is unable to do so, arrangements must be made to provide them with legal counsel.7 State funded legal aid is available to persons who provide evidence that they do not have the financial means to secure legal representation; however, there is no priority given to or special regime for applications submitted on behalf of children.8 The new Code of Criminal Procedure (CCP) of 2015, established a new type of court - juvenile court.9 Article 304 of the new CCP states that “All offences committed by children10 and individuals who are under 18 solar years are investigated by the Court for Children and Adolescents.” The juvenile courts are administered by a judge and two judicial advisors with experience in psychology, criminology, social work or education.11 According to the Code of Criminal Procedure, juvenile court judges should be married (preferably with children), have a minimum of 5 years of judicial experience as judges, and have received training (although the type of training is not specified).12 General criminal courts still preserve jurisdiction over “serious crimes", however.13 These crimes include offences punishable by at least 10 years imprisonment or the death penalty.14 In such cases, jurisdiction rests under the special juvenile branches of the relevant Provincial Criminal Court, where proceedings are governed by the same juvenile justice regulations that are applied to the Court for Children and Adolescents.15 According to the Code of Criminal Procedure, the Court for Children and Adolescents does not have jurisdiction in cases where the accused person has reached 18 years of age before the start of the proceedings, in which case jurisdiction falls under the relevant adult criminal court. The accused person shall enjoy all the privileges applicable to individuals who are tried by the Court for Children and Adolescents.16 17 7 Constitution of the Islamic Republic of Iran, art. 35, English translation, available at: https://irandataportal.syr.edu/wpcontent/uploads/constitution-english-1368.pdf. 8 Family sponsorship law, Article 5 9 Code of Criminal Procedure, art. 294, available at: http://www.rooznamehrasmi.ir/Files/Laws/Ghanoon%2093.02.03. pdf. 10 Under Note 1 to Article 304 of the new Code of Criminal Procedure, a child is an individual who has not reached the age of puberty as defined in Iran under Shari’a as nine lunar years for girls and 15 lunar years for boys. 11 Code of Criminal Procedure. art. 298, available at: http://www.rooznamehrasmi.ir/Files/Laws/Ghanoon%2093.02.03.pdf 12 Code of Criminal Procedure. 409, available at: http://www.rooznamehrasmi.ir/Files/Laws/Ghanoon%2093.02.03.pdf. 13 Code of Criminal Procedure, Article 315. 14 Crimes which fall under the jurisdiction of the Provincial Criminal Courts include crimes punishable by life imprisonment or amputation; crimes involving forms of physical assault which are punishable by payment of half or more of a full diya (blood money); and certain ta’zir crimes; political and press crimes which fall under the jurisdiction of Criminal Courts One (Article 302); national security-related offences; moharebeh (enmity against God); efsad-e fel-arz (corruption on earth); insulting the founder of the Islamic Republic of Iran and the Supreme Leader; and drug-related offences which fall under the jurisdiction of Revolutionary Courts. 15 Code of Criminal Procedure, Article 315. 16 Code of Criminal Procedure, Note 2 to Article 304 17 See more : Iran Human Rights Documentation Center, https://iranhrdc.org/the-iranian-judiciary-a-complex-and-dysfunctionalsystem/#_Toc462333474 2

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