A/HRC/43/61 the imposition of the death penalty in cases of same-sex intercourse between men, the Iranian Minister of Foreign Affairs said that the law was reflective of moral principles held by society.38 Execution of child offenders 19. Between 1 January and 31 October 2019, there were two confirmed executions of minors. On 25 April 2019, two 17-year-old boys were executed for the alleged crimes of rape and robbery. One of the boys reportedly had an intellectual disability. The Government consistently asserts that children under 18 years of age are not subject to execution. While these cases contradict that assertion, what this policy means in practice is that child offenders are often kept on death row until they reach the age of 18 and may then face execution.39 The International Covenant on Civil and Political Rights and the Convention on the Rights of the Child, to both of which the Islamic Republic of Iran is a party, strictly prohibit the imposition of the death penalty for crimes committed by an individual under the age of 18 years. 20. Furthermore, the Special Rapporteur echoes the concerns raised in the report of the Secretary-General about this practice, noting that the lack of information regarding the timing of executions imposes continuous anticipation of imminent death upon their families, resulting in mental distress, including for the child. 40 The Special Rapporteur has received unconfirmed reports of at least three additional individuals who were executed in 2019 for crimes allegedly committed while they were under the age of 18 years. 21. The Special Rapporteur continues to monitor the situation of child offenders on death row, and has received information that there are at present at least 100 individuals who have been sentenced to death for crimes committed when they were under 18 years of age. The Islamic Penal Code retains the death penalty for girls aged 9 lunar years and older, and for boys aged 15 lunar years and older. The death penalty may be applied in cases where the child is convicted of qisas (“retribution in kind”) or hudud crimes, such as adultery. Such a young age of criminal responsibility resulting in the execution of child offenders is in complete contravention of international law, with special procedures mandate holders and the United Nations High Commissioner for Human Rights stating unequivocally that this practice is absolutely prohibited. 41 The Government indicates that a new working group has been created under the umbrella of the executive committee for the protection of children and juveniles to intervene during court trials and to persuade the relatives of murder victims to accept financial compensation instead of retribution (qisas). 22. Other elements of the Islamic Penal Code reflect recognition of the special status of children and highlight the inconsistency of the continued application of the death penalty for child offenders.42 For example, the age of responsibility for less serious ta’zir crimes is 18 years. In such cases, the judge has discretion as to the sentence that should be imposed, and convicted children are sentenced to correctional measures. 43 In accordance with the 2017 amendments to the Islamic Penal Code regarding drug trafficking, the use of children under 18 years of age in drug trafficking is a serious offence, which demonstrates recognition of the vulnerable status of children.44 23. The Special Rapporteur reiterates the recommendations he has already made in his report to the Human Rights Council at its fortieth session in relation to the execution of child offenders, specifically the call to revise legislation to increase the age of maturity to 18 years and for a moratorium on the death penalty for those aged under 18 years at the time of the alleged crime. 45 38 39 40 41 42 43 44 45 www.dw.com/en/iran-defends-execution-of-gay-people/a-49144899. A/HRC/40/67, para. 56. A/HRC/40/24, para. 7. www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24550&LangID=E. A/HRC/40/67, paras. 43–49. Ibid., para. 46. www.iranrights.org/library/document/3262. A/HRC/40/67, paras. 72–76. 7