The law on the “Protection of Children and Adolescents”,26 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.27
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
pardon or commutation from the State.28 There are a number of institutions that can intervene to
mediate cases of children sentenced with qisas, notably in order to commute qisas into diya
sentences (blood money). These institutions include a reconciliation commission, a working
group tasked to support mediation with the victim’s next of kin , conflict resolution council
branches and the Women and Children and Protection Office of the Judiciary. 29 There is no
readily available information that would indicate the number of cases received, reviewed and
adjudicated by these institutions.
Additionally, Article 91 of the 2013 Islamic Penal Code allows judges to pronounce alternative
sentences in circumstances where the juveniles “do not realize the nature of the crime committed
or its prohibition, or if there is uncertainty about their full mental development, according to their
age”.30 The Article further adds that “the court may ask the opinion of forensic medicine or
resort to any other method that it sees appropriate in order to establish the full mental
development”. In 2017, a number of special procedure mandate holders described ongoing
executions of child offenders in the Islamic Republic of Iran as “conclusive proof of the failure
of the 2013 amendments to stop the execution of individuals sentenced to death as children”.31 In
2019, the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran
found that the aforementioned assessment of the mental development of the accused at the time
of the offence was “arbitrary and inconsistent, and at the sole discretion of the judge, who can
choose whether to seek medical advice or not”.32
In his January 2020 report, the Special Rapporteur on the situation of human rights in the Islamic
Republic of Iran wrote that “he continues to monitor the situation of child offenders on death row
and has received information that there are at present at least 100 individuals who have been
26
The law adopted on May 12, 2020 : < https://shenasname.ir/laws/6788 >
Article 25 of the law of “Protection of Children and Adolescents”.
28
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, January 2019,
https://undocs.org/Home/Mobile?FinalSymbol=A%2FHRC%2F40%2F67&Language=E&DeviceType=Desktop
29
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, January 2019,
https://undocs.org/Home/Mobile?FinalSymbol=A%2FHRC%2F40%2F67&Language=E&DeviceType=Desktop
30
Article 91, 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/
31
See OHCHR News, www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21547&LangID=E
32
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, January 2019,
https://undocs.org/Home/Mobile?FinalSymbol=A%2FHRC%2F40%2F67&Language=E&DeviceType=Desktop
27
5