A/HRC/19/82
publicly in Khwajawi Square Karman. 12 On 14 December 2011, media reports that a man
who had cut his wrist a few minutes before his scheduled execution and was reportedly
bleeding heavily was hanged publicly in Danesh Square of Shahre Kord.13 On 13 December
2011, two people accused of kidnapping and rape were reportedly publicly executed in the
town of Rostam, Fars Province.14
C.
Execution of juvenile offenders
13.
In a welcome development, the new Islamic Penal Code revokes capital punishment
for persons under the age of 18 charged with certain crimes, such as smuggling narcotics.
The law does not, however, increase the age of criminal liability of children, raising serious
concern that children accused of murder may continue to face the death penalty. For
example, in cases of attempted premeditated murder, persons under the age of 18 may
remain in juvenile correction centres and be executed after reaching the legal age. 15
However, during its visit to Tehran in December 2011, the OHCHR delegation was
informed by the authorities that the number of juvenile executions had dropped
dramatically, and that offences committed by persons under the age of 18 were tried in
children’s courts, where efforts were being made to apply lenient punishments. The
authorities also pointed out that, even in cases of qisas (retribution), regarded under Iranian
law as the private right of the victim’s family and which cannot be overruled by the
judiciary, extensive efforts were being made by the Conciliation Commission of the
judiciary to encourage families of the victim and perpetrator to reach a diyah (blood
money) settlement. They also informed the delegation that the Government’s policy was to
encourage the next of kin to forfeit the right to qisas, and that each year specific funds were
earmarked by the Ministry of Justice to assist those convicted to pay the diyah settlement.
14.
Against this backdrop, recurring cases of juvenile executions remain a serious cause
for concern. On 22 September 2011, the Special Rapporteur on extrajudicial, summary or
arbitrary executions, the Special Rapporteur on the situation of human rights in the Islamic
Republic of Iran, the Special Rapporteur on the independence of judges and lawyers and the
Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment publicly condemned the practice of juvenile executions in the Islamic Republic
of Iran, and noted that, despite the repeated calls of the international community’s for a
moratorium, three juveniles had been executed in public that year. 16 These cases included
the public execution on 21 September 2011 of 17-year-old Alireza Molla Soltani. The
experts stressed that there was an absolute ban on the death penalty against persons under
the age of 18 under international human rights law, and that any judgements imposing the
death penalty upon juveniles below the age of 18, and their execution, were incompatible
with the country’s international obligations.
15.
On 11 February 2011, the Special Rapporteur on the independence of judges and
lawyers, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment
or punishment and the Special Rapporteur on extrajudicial and summary execution, in a
12
13
14
15
16
6
Ibid., 20 January 2012. Available from www.isna.ir/isna/newsView.aspx?ID=News1933892&lang=p.
Ibid., 14 December 2011. Available from http://isna.ir/isNA/newsView.aspx?ID=News-1909371.
Ibid., 13 December 2011. Available from http://isna.ir/isNA/newsView.aspx?ID=News-1909382.
Ibid., 20 February 2012. Available from www.isna.ir/ISNA/NewsView.aspx?ID=News1952901&Lang=P.
See “Iran: UN experts condemn public execution of juvenile and reiterate call for immediate halt on
death penalty” at
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=11415&LangID=E.
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