REF1486
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2019
- Full Recommendation
Pending abolition of the death penalty for child offenders, the Special Rapporteur recommends that the Iranian Legal Medicine Organization, and other expert bodies called upon to conduct article 91 assessments: Afford the child offender the benefit of the doubt and deliver a finding of uncertainty when absolute certainty cannot be scientifically established, including if the assessment is not conducted immediately after the alleged offence. Establish and publish a methodology to conduct the assessment.
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Right to life
- Demographics
- Children
- Source Reference Info
- A/HRC/40/67
- Date added
- Mar 27, 2021
REF1485
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2019
- Full Recommendation
Pending abolition of the death penalty for child offenders, the Special Rapporteur recommends that the Iranian Legal Medicine Organization, and other expert bodies called upon to conduct article 91 assessments: (a) Conduct assessments that provide a scientific, evidence-based assessment as to whether there is total certainty about the mental development of the child offender at the time of the offence in line with article 91 of the Penal Code. Ensure that such an assessment reflects the findings of assessments by experts from all relevant fields, including the relevant child development, psychology, psychiatry, and social service fields
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Right to life
- Demographics
- Children
- Source Reference Info
- A/HRC/40/67
- Date added
- Mar 27, 2021
REF1482
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2019
- Full Recommendation
Pending implementation of the aforementioned recommendations, and without prejudice to the binding obligation enshrined in the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights to not sentence children to death and to not execute child offenders, the Special Rapporteur recommends that the judiciary: Ensure that detention pending trial is only used as a measure of last resort and for the shortest possible period of time for children accused of any crime, including qisas and hudud crimes
- Recommendation Status
- Not Implemented
- Themes
- Arbitrary Detention
- Liberty and Security of the person
- Right to fair trial
- Demographics
- Children
- Source Reference Info
- A/HRC/40/67
- Date added
- Mar 27, 2021
REF1481
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2019
- Full Recommendation
Pending implementation of the aforementioned recommendations, and without prejudice to the binding obligation enshrined in the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights to not sentence children to death and to not execute child offenders, the Special Rapporteur recommends that the judiciary: Ensure that the court takes into account the circumstances in which the child is living and the conditions in which any offence has allegedly been committed, including through the preparation, introduction and full consideration of pre-sentence reports. Ensure that the court is informed about all relevant facts about the child, such as social and family background, wealth, education and circumstances of marriage. Ensure that adequate social services capacity has been established to be able to provide such reports and is mandated to provide such advice
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Demographics
- Children
- Source Reference Info
- A/HRC/40/67
- Date added
- Mar 27, 2021
REF1479
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2019
- Full Recommendation
Pending implementation of the aforementioned recommendations, and without prejudice to the binding obligation enshrined in the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights to not sentence children to death and to not execute child offenders, the Special Rapporteur recommends that the judiciary: Establish specialist and separate child courts to consider cases involving children, for all crimes including qisas and hudud crimes, in the first instance and on appeal, in all provinces. Ensure that the judges who preside over such courts, and the prosecutors who are able to bring cases before such courts, have a minimum level of professional qualifications and expert training in child sociology, child psychology and behavioural sciences;
- Recommendation Status
- Partially Implemented
- Themes
- Right to fair trial
- Demographics
- Children
- Source Reference Info
- A/HRC/40/67
- Date added
- Mar 27, 2021
REF1477
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2019
- Full Recommendation
Pending implementation of the aforementioned recommendations, and without prejudice to the binding obligation enshrined in the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights to not sentence children to death and to not execute child offenders, the Special Rapporteur recommends that the judiciary: Require that all those who deal with children in the criminal justice system, especially judges, prosecutors, medical examiners, police interrogators and other law enforcement professionals, undergo specialist, ongoing and systematic training on the rights of the child. Such training should inform participants about how to take into account the child's physical, psychological, mental and social development in a manner consistent with the obligations of the Islamic Republic of Iran under international human rights law;
- Recommendation Status
- Partially Implemented
- Themes
- Right to fair trial
- Demographics
- Children
- Source Reference Info
- A/HRC/40/67
- Date added
- Mar 27, 2021
REF1476
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2019
- Full Recommendation
Pending implementation of the aforementioned recommendations, and without prejudice to the binding obligation enshrined in the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights to not sentence children to death and to not execute child offenders, the Special Rapporteur recommends that the judiciary: When assessing the quality and veracity of testimony or confession offered by the child, ensure that the judge considers all circumstances of interrogation, especially the age of the child as well as the length of detention and interrogation and the presence of legal or other representatives and parents during questioning;
- Recommendation Status
- Not Implemented
- Themes
- Child's right to be heard
- Right to fair trial
- Demographics
- Children
- Source Reference Info
- A/HRC/40/67
- Date added
- Mar 27, 2021
REF1475
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2019
- Full Recommendation
Pending implementation of the aforementioned recommendations, and without prejudice to the binding obligation enshrined in the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights to not sentence children to death and to not execute child offenders, the Special Rapporteur recommends that the judiciary: Ensure that children who have been detained or arrested are interviewed only in the presence of their chosen lawyer, are immediately granted legal aid if needed, and are granted access to a family member of their choice at all times regardless of the offence they are accused of
- Recommendation Status
- Not Implemented
- Themes
- Child's right to be heard
- Right to fair trial
- Demographics
- Children
- Source Reference Info
- A/HRC/40/67
- Date added
- Mar 27, 2021
REF1472
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2019
- Full Recommendation
Pending implementation of the aforementioned recommendations, and without prejudice to the binding obligation enshrined in the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights to not sentence children to death and to not execute child offenders, the Special Rapporteur recommends that the judiciary: Undertake a prompt, effective and transparent review of all child offenders on death row and ensure that they are afforded legal representation and financial and other needed support to exercise their right to a retrial as provided for by article 91 of the Penal Code;
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Right to life
- Demographics
- Children
- Source Reference Info
- A/HRC/40/67
- Date added
- Mar 27, 2021
REF1470
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2019
- Full Recommendation
Pending implementation of the aforementioned recommendations, and without prejudice to the binding obligation enshrined in the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights to not sentence children to death and to not execute child offenders, the Special Rapporteur recommends that the judiciary: (a) Require courts to comprehensively assess mental development in all cases in line with article 91 of the Penal Code, and to always seek expert advice from the relevant child development, psychology, psychiatry, and social service fields as well as from the Iranian Legal Medicine Organization, with a view to ensuring that the child is exempted from the death penalty;
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Right to life
- Demographics
- Children
- Source Reference Info
- A/HRC/40/67
- Date added
- Mar 27, 2021
REF1468
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2019
- Full Recommendation
The Special Rapporteur recommends that the judiciary: Pending legislative review, urgently issue a circular which requires all judges not to sentence children to death on the basis of qisas or hudud crimes, and which requires presiding judges to order retrials for all child offenders on death row without recourse to the death penalty.
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Right to life
- Demographics
- Children
- Source Reference Info
- A/HRC/40/67
- Date added
- Mar 27, 2021
REF1466
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2019
- Full Recommendation
The Special Rapporteur recommends that Parliament: Amend the Penal Code to increase the age of criminal responsibility for qisas and hudud crimes to 18 years for all children, and ensure that all children are treated equally and without discrimination within the criminal justice system.
- Recommendation Status
- Not Implemented
- Themes
- Freedom from discrimination
- Protection of the child from all forms of violence
- Right to fair trial
- Demographics
- Children
- Source Reference Info
- A/HRC/40/67
- Date added
- Mar 27, 2021
REF1463
- Mechanism
- Special Rapporteur - Iran
- Date
- Jan 1, 2019
- Full Recommendation
The Special Rapporteur recommends that Parliament: Urgently amend legislation to prohibit the execution of persons who committed a hudud or qisas crime while below the age of 18 years and as such are children. Urgently amend the legislation to commute all existing sentences for child offenders on death row;
- Recommendation Status
- Not Implemented
- Themes
- Right to fair trial
- Right to life
- Demographics
- Children
- Source Reference Info
- A/HRC/40/67
- Date added
- Mar 27, 2021
REF0043
- Mechanism
- Special Rapporteur - Iran
- Date
- Aug 1, 2014
- Full Recommendation
The Government should consider extending the de facto moratorium on stoning. The continued failure of the judiciary to guarantee due process rights, the frequent application of the death penalty for crimes that do not meet the internationally permissible threshold for capital punishment and the imposition of the death penalty on juvenile offenders warrant an immediate and unconditional halt to such practices.
- Recommendation Status
- Partially Implemented
- Themes
- Freedom from torture/CID treatment
- Right to fair trial
- Right to life
- Demographics
- Children
- General Population, individual cases, miscellaneous
- Source Reference Info
- A/69/356
- Date added
- Mar 27, 2021
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