A/HRC/11/2
page 12
diverse. Whatever the means employed, the result must be that all laws that permit the execution
of juvenile offenders are repealed, the judiciary must end the practice of sentencing juvenile
offenders to death, and a moratorium must be placed on the execution of any individuals already
sentenced under pre-existing laws. A review of current developments in the relevant jurisdictions
in this regard is instructive.
38. In January 2005, the Government of the Islamic Republic of Iran informed the Committee
on the Rights of the Child that all executions of persons who had committed crimes under the
age of 18 had been halted. This was reiterated in a note verbale of 8 March 2005 to OHCHR, in
which it explained that the ban had been incorporated into the draft bill on juvenile courts, which
was before Parliament for ratification.17 I have sought confirmation of the current status of the
bill in eight communications, but no reply addressing this issue has been received.18
39. In the meantime, the death penalty continues to be imposed upon juveniles and to be
carried out in relation to them. Reliable reports suggest that there are at least 130 juvenile
offenders currently on death row in Iran. I have sent 24 communications relating to 30 different
cases of juvenile offenders sentenced to death or executed, but there has been no real movement
of any kind towards bringing the Islamic Republic of Iran into compliance with its obligations
under international law. Since 2004, I have been requesting a visit to the country, which has
issued a standing invitation to all special procedures to visit. Despite several high-level meetings
in Geneva, no dates have ever been set.
40. Recent cases continue to be deeply troubling. B.Z. was found guilty of killing a man
in 2005, when he was aged 16. On 14 February 2008, the Government informed me that the
judicial system, on the basis of human considerations, had entered the case into conciliation
process and was seriously following it with the hope for final settlement. Therefore, carrying out
the penalty was not in its programme of work (A/HRC/8/3/Add.1, p. 223). B.Z. was executed in
Shiraz six months later, on 26 August 2008.19 Another case is that of Delara Darabi, who was
convicted of murdering a relative when she was 17, in 2003. She is alleged to have confessed in
an attempt to save her boyfriend who was the responsible party, but she then withdrew her
confession. On 19 April 2009, she was reportedly granted a two-month stay of execution by the
Head of the Judiciary, but this order was ignored and she was executed less than two weeks later,
on 1 May 2009.
41. In Papua New Guinea, the legislature is reported to be considering a draft juvenile
justice act that would exclude the imposition of the death penalty for juvenile offenders.20
17
A/HRC/4/20/Add.1, p. 152.
18
See communications to the Islamic Republic of Iran dated 5 January 2007, 31 January 2007,
29 February 2008, 27 March 2008, 2 May 2008, 13 August 2008, 30 January 2009 and
6 March 2009.
19
See the communication of 24 October 2008 to the Islamic Republic of Iran in
A/HRC/11/2/Add.1.
20
See the communication of 29 December 2008 to Papua New Guinea in A/HRC/11/2/Add.1.
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