Special Rapporteur on the situation of human rights in the Islamic Republic of Iran A/HRC/37/68 para 82 Full recommendation: The Special Rapporteur remains troubled by the continuing large number of executions, including of juvenile offenders, and reiterates her call on the Government to introduce a moratorium on the use of the death penalty and to prohibit and refrain from the execution of juvenile offenders in all circumstances. The Special Rapporteur further urges the Government to undertake a special review of the cases of persons on death row for crimes committed when they were under the age of 18, with a view to commuting or quashing their death sentences altogether. Assessment using Impact Iran human rights indicators 1 A. The Special Rapporteur reiterates her call on the Government to introduce a moratorium on the use of the death penalty and to prohibit and refrain from the execution of juvenile offenders in all circumstances. As of February 2021, the Islamic Republic of Iran has not introduced a moratorium on the use of the death penalty. The Islamic Penal Code (2013)2 establishes the age of criminal responsibility to be of 9 lunar years for girls and 15 lunar years for boys.3 However, the age of responsibility for ta’zir crimes (crimes for which specific penalties are not provided under Islamic law, giving the judge discretion to decide the sentence that is to be imposed) is 18. For ta’zir crimes, convicted children are sentenced to correctional measures. In contrast, criminal responsibility for crimes punishable under hudud (punishments established 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. In such cases, sentences that are already established under the Islamic Penal Code prevail.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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