A/HRC/40/67 support networks. 100 Girl child offenders have in some cases faced extreme situations, including forced marriage and domestic violence. However, there is no legislative scope that allows the court to take into account mitigating factors related to the background and circumstances in which the child is living or the conditions in which the offence has been allegedly committed. Two individuals who had married as children were executed in 2018. Mahboubeh Mofidi, who was married at the age of 13, allegedly murdered her husband when she was aged 17. 101 Zeinab Sekaanvand, who was married at the age of 15, allegedly murdered her husband when she was aged 17.102 Ms. Sekaanvand was executed despite no investigation being undertaken into allegations of domestic violence during her marriage. The Special Rapporteur reiterates the recommendation of the Committee on the Rights of the Child that the minimum age of marriage of 13 years for girls and 15 years for boys should be increased to 18 years.103 58. The Special Rapporteur notes that the background of the accused child and the circumstances in which the offence was allegedly committed are critical, not only because they should be taken into account by the court, but also because they can hinder attempts to avoid execution by paying for diya. Children who have grown up in poverty, for example, are unlikely to be able to afford the diya requested (which has no upper limit for qisas crimes). The child’s life therefore depends upon his or her family being able to attract the attention of NGOs that can help to raise enough money. Such organizations are not present in every province, and poorer families in more remote provinces with less influence, education and awareness face serious challenges. The Special Rapporteur contends that these factors explain why most executed child offenders originate from poorer backgrounds and economically less advantaged provinces. 59. In its comments, the Government stated that according to article 286 of the Code of Criminal Procedure, the preparation of a “personality file” which considered the conditions at the time of offence was mandatory at the time of issuing the verdict. It also stated that the file was prepared separately from the criminal file and included a social worker’s report on the defendant’s physical, family and social status, as well as medical and psychiatric reports. It further noted that for the purposes of paying diya, the “destitution” of the accused was taken into consideration, and that NGOs and social institutions contributed financially. E. 1. Implementation of article 91 of the Penal Code Overview 60. As noted, the enactment of article 91 of the Penal Code in 2013 allowed judges to exempt children from the death penalty if the judge assessed that the child did not “realize the nature of the crime committed or its prohibition, or if there is uncertainty about their full mental development, according to their age”. In its submission to the Committee on the Rights of the Child in 2015, the Islamic Republic of Iran stated that the previous verdicts of all child offenders would be annulled, pending retrials.104 In its comments on the present report, the Government stated that “the provisions of the Islamic Penal Code have been effective in reducing the execution of adults under the age of 18 years”. Recent reports indicate that the sentences of at least six child offenders were commuted in 2017 following retrials.105 Executions have however continued. Since article 91 entered into force in 2013, the Special Rapporteur estimates that at least 33 child offenders have been executed, 106 and according to credible information received at least 21 children were sentenced to death on the basis of qisas. In 2016, the Committee on the Rights of the Child deplored the fact that 100 101 102 103 104 105 106 14 See, for example, Amnesty International, Growing Up on Death Row (2016), p. 53, available at www.amnestyusa.org/wp-content/uploads/2017/04/growing_up_on_death_row__the_death_penalty_and_juvenile_offenders_in_iran_final.pdf. See www.hrw.org/news/2018/02/07/iran-three-child-offenders-executed. See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23689&LangID=E. CRC/C/IRN/CO/3-4, paras. 27–28. CRC/C/IRN/Q/3-4/Add.1, para. 33. A/72/322, para. 68. See para. 38 above.