A/HRC/40/67 75. 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; (b) Ensure that any article 91 assessment is conducted on the prima facie basis that there is uncertainty about the mental development of the child, and as such a death sentence cannot be imposed. Ensure that the burden of proof is always on the prosecution to establish complete certainty about the full mental development of the child, in line with article 91. Furthermore, ensure that the child is afforded the benefit of the doubt if the assessment is not undertaken immediately after the crime; (c) 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; (d) 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; (e) 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; (f) 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; (g) 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; (h) 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; (i) 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; (j) Provide the Office of the United Nations High Commissioner for Human Rights and the Special Rapporteur with a list of all child offenders on death row. 19