A/HRC/16/75 15. Iranian law also criminalizes all sexually oriented relations outside valid marriage; individuals convicted of engaging in illicit sexual relations can face severe punishment, including the death penalty. Under the Islamic Penal Code, among other hudud crimes, certain sexual conduct, including adultery, incest, rape, fornication for the fourth time by an unmarried person, sodomy, lesbianism for the fourth time, sexual conduct between men without penetration for the fourth time, and fornication by a non-Muslim man with a Muslim woman are punishable by capital punishment. The High Commissioner wrote to the Iranian authorities to express concern about two such cases, committed by persons under the age of 18 (see also paragraphs 17-19 below). In June 2010, the Special Rapporteur on extrajudicial, summary or arbitrary executions also reported to the Human Rights Council on communications to the Government concerning the application of the death penalty in cases of sodomy, including some involving juveniles (see annex). The Human Rights Committee has consistently rejected the imposition of death sentences for offences that do not result in the loss of life, and termed them incompatible with the provisions of the International Covenant on Civil and Political Rights. 16. A number of public executions were reported during the period under review, suggesting that the circular banning public executions issued in January 2008 by the former head of the judiciary, Ayatollah Shahroudi, has not been effectively enforced. At least two public executions were carried out in January 2011. According to Iranian media, a 32-yearold man identified as Yaqoub was publicly hanged on 5 January 2011 for stabbing another man to death.24 The public hanging, which took place at Sadat Abad Square in Tehran, was reportedly attended by the victim’s family and large crowds. On 24 January 2011, Omaid Berg, who was convicted of killing 10 women, was publicly executed in Qadus Square, Karaj City. The execution was attended by officials from the judiciary, military and residents of the area.25 In her public statement of 2 February 2011, the High Commissioner condemned the recurrence of public executions. International human rights mechanisms have stated that executions in public add to the already cruel, inhuman and degrading nature of the death penalty and can only have a dehumanizing effect on the victim and a brutalizing effect on those who witness the execution. C. Executions of juvenile offenders 17. Execution of juvenile offenders remains an ongoing concern, as highlighted in previous reports of the Secretary-General.26 The age for criminal liability still remains at 8 years and 9 months for girls and 14 years and 7 months for boys, which is not only discriminatory but also low by international standards. The Iranian authorities point out, however, that priority is given to the rehabilitation of juvenile offenders and the return of children to normalcy and society. Although fewer juvenile offenders were executed in 2010 than in previous years, death sentences against juvenile offenders continue to be reported.27 In June 2010, the Special Rapporteur on extrajudicial, summary or arbitrary executions noted with concern the cases of at least nine juvenile offenders who were at risk of imminent execution for crimes committed when they were minors. The Convention on the Rights of Child28 and the International Covenant on Civil and Political Rights,29 to both of 24 25 26 27 28 29 www.dadiran.ir/Default.aspx?tabid=40&ctl=Edit&mid=389&Code=7750 and www.irna.ir/newsshow.aspx?nid=30170347. www.isna.ir/isna/newsview.aspx?id=news-1701748&lang=p. A/63/459, A/64/357 and A/65/370. The Special Rapporteur noted that there was no other country in the world relating to which he regularly received allegations of this type (A/HRC/4/20). Art. 37 (a). Art. 6, para. 5 7