A/HRC/40/67
extensive evidenced-based research supporting the view that individuals under the age of 18
have a lower level of mental development than adults. Further evidence is available to support
this view in Iranian legislation itself, as already noted. 112 The Special Rapporteur also
observes that article 91 allows for a child offender to be exempted from the death penalty if
there is “uncertainty about their full mental development”. This indicates that if there is any
doubt whatsoever then the child cannot be sentenced to death.
4.
Inconsistent follow-up
65.
In some cases, even when the judge has assessed that there is uncertainty as to the
mental development of the child, the assessment has been overturned upon appeal and the
child has been subsequently sentenced to death. For example, Mohammad Kalhori was
initially assessed as not mentally developed at the time of the crime and was sentenced to
imprisonment. However the Supreme Court later overturned his sentence and he was
sentenced to death during a retrial.113
5.
Inconsistent implementation of retrials
66.
Information received by the Special Rapporteur indicates that article 91 has not been
effective in sparing children already on death row from execution. One reason for this is that
article 91 does not provide for an automatic review of cases. Child offenders on death row or
their families must instead submit an application for retrial. As noted, many have lower levels
of economic and social standing, education, and support networks, and lower levels of
familiarity with their legal rights. In such circumstances, they may not be aware of the
possibility of applying for a retrial or may not have the means to do so. In other cases,
applications for retrials have been rejected. This trend was highlighted by the predecessor to
the current Special Rapporteur, who described how the requests of Zeinab Sekaanvand and
three other child offenders had been rejected by the Supreme Court without explanation. 114
67.
Even when requests for retrial have been accepted, some child offenders have been
resentenced to death. The Committee on the Rights of the Child and the predecessor to the
current Special Rapporteur expressed concerns in this respect in 2016 115 and 2017 116
respectively.
6.
Assessment of the implementation of article 91
68.
The Special Rapporteur has described some fundamental and serious limitations
related to the implementation of article 91, while acknowledging that in some cases child
offenders have been exempted from the death penalty. The assessment of mental
development at the time of the crime is arbitrary and inconsistent, and at the sole discretion
of the judge, who can choose whether to seek medical advice or not. The credibility of such
assessments is further undermined by the use of inconsistent criteria, particularly when they
were conducted years after the crime in question. In some cases the findings of the assessment
have been overturned upon appeal in any event. Some requests under article 91 for retrials
for child offenders on death row have been rejected. In other cases where retrials have been
granted, the child offender has been found to be mentally developed and the death sentence
has been upheld.
IV. Conclusions and recommendations
A.
Human rights situation
69.
The Special Rapporteur observes that the protests in the Islamic Republic of Iran
which began in December 2017 reflect long-standing grievances related to human rights,
112
113
114
115
116
16
See paras. 46–49 above.
See www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=23216&LangID=E.
A/72/322, para. 67.
CRC/C/IRN/CO/3-4, paras. 35–36.
A/72/322, para. 68.
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