Special Rapporteur on the situation of human rights in the Islamic Republic of Iran A/72/322 para 107 Full recommendation The Special Rapporteur remains deeply concerned about the alarming level of executions, including of juveniles, in the country. She reiterates her call on the Government to immediately and unconditionally abolish the sentencing of children to death and to engage in a comprehensive process of commutation of all death sentences issued against children, in line with juvenile justice standards. The Special Rapporteur also reiterates her calls to establish a moratorium on the use of the death penalty, to replace the death penalty for drug-related offences with penalties that comply with relevant international standards, and to end the practice of public executions. Assessment using Impact Iran human rights indicators1 A. The Special Rapporteur reiterates her call on the Government to immediately and unconditionally abolish 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 these 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” that is 9 lunar years for girls and 15 lunar years for girls and 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 In qisas cases, the pardon or commutation of the sentence is based solely on the request of the victim or the victim’s guardian, which deprives the child defendant of his or her right to seek 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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