being sentenced to flogging for acts considered to be criminal offenses, such as alcohol
consumption.51
Children are not protected from torture and ill-treatment in the Islamic Republic of Iran.
D. Juvenile justice
Only children over the age of 15, who are legally deemed mature, may bring a case to the courts
unassisted, and52 all other children must bring cases through their legal guardian.53 The father’s
consent is needed to initiate legal proceedings, except when the father is the person against whom
a complaint is made or the father is unavailable to provide his consent.54
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.55 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.56
The new criminal procedural code of 2015 established a new type of court - juvenile court.57
Article 304 of the new CCP states that “All offences committed by children58 and individuals who
are under 18 solar years are investigated by the Court for Children and Adolescents.” However,
the jurisdiction of such courts does not apply to crimes committed by individuals under 18 years
old which, when committed by adults, fall under the jurisdiction of Provincial Criminal Courts.59
These crimes include offences punishable by the death penalty.60 In such cases, jurisdiction rests
under the special juvenile branches of the relevant Provincial Criminal Court, where proceedings
shall be governed by the same juvenile justice regulations as applied to the Court for Children and
Adolescents.61 According to the Code of Criminal Procedure, the Court for Children and
51
Amnesty International
Civil Code, art. 1210
53
Ibid.
54
For example see art. 1172 of the Civil law. 6
55
Constitution of Iran, art. 35, available at: http://www.moi.ir/Portal/File/ShowFile.aspx?ID=ab40c7a6-af7d-4634-af9340f2f3a04acf (in Farsi) and at: http://www.servat.unibe.ch/icl/ir00000_.html (English translation).
56
Family sponsorship law, Article 5
57
Criminal Procedure Law, art. 294, available at: http://www.rooznamehrasmi.ir/Files/Laws/Ghanoon%2093.02.03. pdf.
58
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.
59
Code of Criminal Procedure, Article 315.
60
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.
61
Code of Criminal Procedure, Article 315.
52
7