A/HRC/27/23
period, at least 4 of the 14 States, namely the Islamic Republic of Iran, Saudi Arabia, the
State of Palestine (Gaza) and Yemen, executed children.
60.
The United Nations Children’s Fund (UNICEF) estimated that, in the Islamic
Republic of Iran, over 160 persons, who allegedly committed crimes before the age of 18,
face the risk of execution. The adoption of the revised penal code in 2013 in the country
(specifically its child-related provisions that prohibit the application of the death penalty to
children in certain cases) created a more enabling environment for the implementation of
juvenile justice standards for children in conflict with the law. In partnership with the
judiciary, UNICEF supported the implementation of child-related provisions of the revised
penal code. It noted, however, that it was still too early to assess the extent to which the
revised penal code contributed to reducing the number of capital sentences issued in cases
involving juveniles. It recommended that the Government, prior to its adoption of the new
penal code, ensure a special review of the cases of those children who had been sentenced
to death.
61.
Saudi Arabia reportedly executed two individuals for crimes they had committed
before the age of 18. Saudi Arabia justifies the execution of juveniles on the ground that
their childhoods end when they reach puberty, according to the concept of bulugh under
sharia. It also carried out qisas (retaliatory punishment). UNICEF reported that the Saudi
Shura Council had recently approved a law on the protection of children from abuse which
defines children as individuals under the age 18, in accordance with the provisions of the
Convention on the Rights of the Child. The law is currently awaiting the approval of the
Head of State.
B.
Persons with mental or intellectual disabilities
62.
In accordance with international human rights standards, the death penalty should
not be imposed on persons with mental or intellectual disabilities.55 The judiciary in several
States took the initiative of addressing the issue of the use of the death penalty against
persons with mental or intellectual disabilities. For instance, the Supreme Court of India
commuted the death sentences of two individuals to life imprisonment on the ground of
mental illness. It also ruled that all death row prisoners should have regular mental health
checks and appropriate medical care.56 In Japan, in March 2014, a district court released
Iwao Hakamada, who had been on death row since 1968 and developed mental illness as a
result of the decades he had spent in isolation.
63.
Some States, however, reportedly continued to execute persons with mental and
intellectual disabilities. In the United States of America, after the Supreme Court rejected a
stay of execution, the State of Florida executed an individual in August 2013 despite his
decades-long history of mental illness.57 In April 2014, the State of Texas executed Ramiro
Hernández Llanas, a Mexican national whose IQ level fell within the parameters of
intellectual disability. Despite precautionary measures issued by the Inter-American
Commission on Human Rights in Mr. Hernández’s case, the United States failed to
preserve his life pending a petition before the Inter-American Court of Human Rights, in
violation of its international legal obligations derived from the Charter of the Organization
55
56
57
See E/2010/10 for detailed discussion on the relevant international standards.
Shatrughan Chauan and Anr v. Union of India and Ors, writ petition (criminal) No. 55 of 2013,
decided on 21 January 2014.
Florida Department of Corrections John Ferguson v. Secretary, No. 13-5507.
15
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