A/HRC/40/67 under 18 at the time of committing the crime is accepted and their previous verdicts have been annulled by the Supreme Court”.86 However, as will be elaborated on, child offenders face numerous hurdles in relying upon the provisions of article 91 and the executions continue. C. Efforts and position of the State 51. A number of measures have been put in place relating to child offenders. Most recently, a bill on the protection of children and adolescents was approved by Parliament. It is pending approval by the Guardian Council. The Code of Criminal Procedure provides for the establishment of children’s and adolescents’ courts, comprised of a specialist judge and a qualified adviser with knowledge of child development. 87 However, if children above the age of maturity (9 lunar years for girls and 15 lunar years for boys) are accused of qisas or hudud crimes or certain ta’zir crimes, they instead face the First Criminal Court’s special adolescents’ division.88 Credible information received indicates that in practice this means that the child is tried in the same physical courtroom in which adults are tried. 52. All child offenders executed in 2018 were executed pursuant to a conviction for murder on the basis of qisas. In comments received, the Government stated that extensive efforts were made to satisfy the next of kin of the victim through mediation in order to convert qisas to diya. It further noted that its “principled policy … is to encourage compromise even with … cash assistance to realize the payment of the diyeh” and “this is the prevailing trend and main course of dealing with this group of offenders”. The Government also referred to the establishment of a reconciliation commission, and a task force consisting of officials, psychologists, social workers, corrections officials, lawyers, and members of civil society which supports mediation with the next of kin of the victim. In addition, conflict resolution council branches and the Women and Children and Protection Office of the judiciary intervene in cases. Non-governmental organizations (NGOs) also support mediation and fundraising for payments of diya. Notwithstanding such efforts, the Special Rapporteur has received reports that relevant actors are reluctant to intervene in cases of hudud crimes such as adultery, same-sex relationships, or murder crimes also involving rape. 53. In comments received, the Government justified the continuing executions, on the basis that “the duty of the State in this case is merely to examine and deliberate the murder, and execution of the sentence is only possible on the basis of the request of the owners of the blood”. In 2009, the Special Rapporteur on extrajudicial, summary or arbitrary executions noted that no other State in which Islamic law was applicable saw the need to make such an argument to justify the executions of child offenders. 89 He further noted that article 37 (a) of the Convention on the Rights of the Child and article 6 (5) of the International Covenant on Civil and Political Rights bound the Government to extend the abolition of execution of child offenders to qisas crimes.90 Furthermore, as noted, this practice deprives the child of his or her right to seek pardon or commutation from the State as enshrined in article 6 (4) of the International Covenant on Civil and Political Rights. D. Vulnerability and treatment of children in the criminal justice system 54. Child offenders continue to be executed in the Islamic Republic of Iran amidst violations concerning the right to a fair trial, torture and other ill-treatment, and a lack of consideration given to each child’s individual circumstances. 86 87 88 89 90 12 See CRC/C/IRN/3-4/Add.1. Code of Criminal Procedure, arts. 289 and 408. Ibid., art. 315. A/HRC/11/2, paras. 35–36. Ibid.