A/HRC/40/67
76.
Pending abolition of the death penalty for child offenders, the Special
Rapporteur recommends that the Iranian Legal Medicine Organization, and other
expert bodies called upon to conduct article 91 assessments:
(a)
Conduct assessments that provide a scientific, evidence-based assessment
as to whether there is total certainty about the mental development of the child offender
at the time of the offence in line with article 91 of the Penal Code. Ensure that such an
assessment reflects the findings of assessments by experts from all relevant fields,
including the relevant child development, psychology, psychiatry, and social service
fields;
(b)
Afford the child offender the benefit of the doubt and deliver a finding of
uncertainty when absolute certainty cannot be scientifically established, including if the
assessment is not conducted immediately after the alleged offence. Establish and
publish a methodology to conduct the assessment.
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