A/HRC/40/67
(k)
Implement the recommendations reflected in the opinions of the Working
Group on Arbitrary Detention, and address patterns of violations highlighted by the
Working Group with respect to dual and foreign nationals;
(l)
Take all measures necessary to mitigate some of the effects of economic
sanctions, and to meet its obligations under the International Covenant on Economic,
Social and Cultural Rights, including on the protection of vulnerable groups. Establish
a transparent financial mechanism to ensure that trade in medicines and other essential
humanitarian items continues.
71.
The Special Rapporteur recommends that sanctions-imposing countries take all
steps to ensure that sanctions in the Islamic Republic of Iran do not undermine human
rights, including by ensuring that humanitarian and procedural safeguards and
exemptions prevent a harmful impact on the enjoyment of human rights.
B.
Execution of child offenders
72.
The Special Rapporteur notes that the execution of child offenders has continued
over decades in violation of the international human rights obligations of the Islamic
Republic of Iran. Girls as young as 9 and boys as young as 15 can be sentenced to death.
The Government’s support for mediation efforts to obtain forgiveness for qisas crimes,
and the enactment of article 91 of the Penal Code, have meant some children have
avoided the death penalty. Despite this, at least 21 children have been sentenced to death
and 33 child offenders have been executed since the enactment of article 91. These
numbers confirm that the content of article 91 is not sufficient and its implementation
has not been effective. In numerous cases, the assessment of mental development
provided for by article 91 has been conducted years after the crime in question was
allegedly committed. Information reviewed indicates that many children sentenced to
death have lower levels of economic and social standing, education, and support
networks, and in some cases have faced extreme situations including forced marriage
and alleged domestic violence. However, the legislation does not allow the court to take
into account mitigating factors when considering the death sentence. Furthermore, if
diya is agreed, children whose families are not as wealthy are less able to “buy” their
freedom and depend upon others to find the money to save their lives. Hence the
executions continue unabated.
73.
The Special Rapporteur recommends that Parliament:
(a)
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;
(b)
Withdraw the general reservation to the Convention on the Rights of the
Child given that such a general reservation is not compatible with the object and
purpose of the Convention;
(c)
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.
74.
The Special Rapporteur recommends that the judiciary:
(a)
Urgently halt the planned execution of all child offenders, and commute
the death sentences imposed on the basis of qisas and hudud crimes for all child
offenders;
(b)
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.
18
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents