A/HRC/37/68/Add.1
this group is to create peace and reconciliation and not to execute the reprisal. Even during the
trial, the group can attempt for obtaining compromise and take consent from the owners of the
blood. The members of this working group are: Representative of the National Authority for
the Rights of the Child, psychologist of the Correctional Center, social worker of the
Correctional Center, director of the Correction Center, lawyer for children and adolescents,
Secretary of the Executive Committee for the Protection of the Rights of Children and
Adolescents, and the sponsor of financial support. Other members of the committee are artists,
members of non-governmental organizations, children's experts and charities, are invited in an
honorary basis.
According to Articles 88 and 89 of the Islamic Penal Code, the court has foreseen one of the
five arbitrary decisions, provided for in Article 88, on criminal penalties (less than executions)
of persons who are at the time of committing a crime of between 9 and 15 years of age.
Penalties have become a securing and educating measure, and in Article 89, for people
between 15 and 18 years of age, criminal penalties (less than executions) have been deducted
and have been subject to light punishments such as retention in rehabilitation center or light
imprisonment or cash fines. Even under Article 91 of the law, in crimes of a high degree or
reprisal, if the persons under the age of eighteen years do not understand the nature of the
crime or if there is any doubt on their maturity, due to their age, they will be sentenced to the
stipulated punishments. "These developments are new in the Iranian judiciary in order to
maximally respect the rights and justice of offenders under the age of 18. Special requirements
in different sections and customs of different ethnicities have also been taken into
consideration. It should be mentioned that the provisions of the Islamic Penal Code have been
effective in reducing the execution of persons under the age of 18, and, as noted, only cases of
retaliation that do not result in compromise, despite attempts for reconciliation, may lead to the
execution of punishment.
Also, according to the unanimity (precedence) rule of the Supreme Court No. 737, the request
for retrial of the convicts who have been under the age of 18, at the time of committing a
crime, and their final verdict has been already issued, it is worth mentioning that sentences of
retribution for those people whose conviction were issued prior to the entry into force of the
Islamic Penal Code approved on February 1, 2013, if they request to be included in the
conditions provided for in Article 91 of this law, the conversion and change of punishment in
the manner specified in this Article shall be applied and the convict shall have a more
favorable sanction and punishment. Such a request may be made in accordance with Para. 7 of
Article 272 of the Law on litigation procedure for retrial.
In connection with the alleged execution of a prisoner at the age of 21 in July 2017 on charges
of committing a crime at the age of 13, the matter was brought to the attention of the relevant
authorities, which stated in response that a person named XXXXXXXXXXXXXXX, was
charged with smuggling into the country of the amount of five hundred and seventy kilogram
of opium as well as eighteen kilograms and two hundred grams and a hundred and thirty
centimeters of heroin was arrested and after being tried by law, the court of the city of Sarbaz
has sentenced to death, and the verdict issued by the Attorney General of the country is
confirmed. According to the case record, he was more than 18 years of age, and any allegation
otherwise on his age, is incorrect. Therefore, it is necessary to amend this paragraph in the final
report.
In connection with the subject of the convict Mr. Alireza Tajik, according to the existing
records, the missing of a 16-year-old boy by the name of XXXXXXXXXXXXXXX and the
subsequent discovery of his dead body in one of the water wells, by the police, near the
Gerdsar village of Fasa County, the case was investigated by the police and subsequently
Alireza Tajik was arrested as the suspect of the murder. By completing this process, the
criminal case was set up at the Prosecutor's Office and, upon completion of the investigation, it
was sent to the court. Ultimately, upon exhaustion of all the legal requirements and procedure,
the court condemned him with the crime of sodomy, murder and concealment of the body in
the well and sentenced him to Qisas (retribution in kind). Finally, the case was brought before
the Supreme Court and it was upheld..
According to the court of Fars province, "in accordance with the order of the chief justice of
this province the prosecutor of Shiraz ordered to stop the execution of the retaliation order until
further notice for more investigation of the matter; while, by examining the case. The Supreme
Court sent back the lawsuit issued by Branch 4 of the Penal Court of Fars province, on the
basis of lack of complying with Article 91 of the Islamic Penal Code on April 14, 2014 and
ordered re-examination of the case by the same branch. Branch 4 of the Fars penal court, after
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