A/HRC/16/75 which the Islamic Republic of Iran is a State party, prohibit the imposition of the death penalty on those who are under the age of 18 at the time of their crime. 18. The judiciary decreed a non-binding moratorium on juvenile execution in 2005 and has often taken active steps to mediate between the families in such cases, even assisting the convicted person to pay the diyah settlement. When cases involving juvenile offenders are prolonged until the accused reaches 18 years, however, the risk of execution becomes higher. 19. In his report submitted to the Human Rights Council in June 2010,30 the Special Rapporteur on extrajudicial, summary and arbitrary executions reported on several past communications with the Iranian authorities (see annex). The High Commissioner also continued to intervene on individual cases through public statements and private representations with the Iranian authorities: for instance, in a letter addressed to the Government of the Islamic Republic of Iran and dated 13 January 2011, the High Commissioner expressed grave concerns about the death sentence handed down to Ehsan Rangraz Tabatabaaie and Ebrahim Hamidi, both minors, following conviction on charges of lavat (sodomy). Both defendants were convicted for crimes committed when they were minors. D. Stoning as a method of execution 20. The application of stoning as a method of execution was again a focus of concern during the period under review. Under the existing Islamic Penal Code, adultery when one is married is punishable by stoning. Despite a moratorium on stoning declared by the Head of Judiciary in 2002, the judiciary continues to sentence both men and women to execution by stoning. The instruction serves as guidance for individual judges, but lacks binding legal effect. 21. The Human Rights Committee holds the view that stoning to death for adultery is a punishment that is grossly disproportionate to the nature of the crime.31 Likewise, according to the Special Rapporteur on torture, States cannot invoke provisions of domestic law to justify the violation of human rights obligations under international law, including the prohibition of corporal punishment.32 The Islamic Republic of Iran, however, maintains that the punishment of stoning for married persons who commit adultery serves as a deterrent, helping to maintain the strength of the family and society, and that such charges are, by design, very difficult to prove. At a judicial colloquium, held in December 2010 (see also paragraphs 49-51 below), Dr. Mohamad Javad Larijani argued that stoning should not be categorized as a “method of execution”, but rather as a method of punishment that is actually more lenient, because 50 per cent of those condemned survive. Nevertheless, the authorities have indicated that Parliament is currently reviewing the punishment of death by stoning. 22. The case of Sakineh Mohammadi Ashtiani, who was sentenced to death by stoning in 2006, received considerable international attention. Ms. Ashtiani was convicted for her husband’s murder, but was also charged with adultery while being married and sentenced to death by stoning. She has already spent five years in prison and received 99 lashes. Following an international outcry, the authorities confirmed, most recently on 17 January 2011, that the stoning of Ms. Ashtiani had been suspended since her husband’s family “had 30 31 32 8 A/HRC/14/24. Human Rights Committee, general comment No. 20. A/60/316, para. 28.