Tehran Judicial Official: Police Interrogation of Individuals Under 18 is Prohibited

The Deputy Chief of the Tehran Judiciary announced that according to the new Criminal Procedure Law, police interrogation and preliminary investigations of individuals under 18 years old is prohibited, even in cases of obvious crimes. According to Ahmad Mozaffari, on Saturday, October 8, it was stated that if the police conduct such interrogations, they would be acting unlawfully, and necessary actions would be taken in case of reports. The new law stipulates that preliminary investigations for all crimes committed by individuals under 15 years old will be conducted directly in the Juvenile Court, which will perform all the duties assigned to judicial authorities and prosecutors. Additionally, a special juvenile prosecutor's office has been established, led by one of the deputy prosecutors, with one or more investigators present, to conduct preliminary investigations for crimes committed by individuals aged 15 to 18. In another part of his remarks, Mozaffari announced that a Child Police Bill has been prepared by the judiciary and will soon be submitted to the parliament, although he did not provide details on this bill. The new Criminal Procedure Law, passed in 2013 and amended in 2015, mandates the establishment of a Child Police to handle juvenile crimes. Previously, Javad Tahmasbi, the Director General of Legislative Drafting and Programs of the Judiciary, stated that the Child Police would consist of trained officers and staff interested in juvenile affairs. Mozaffari also mentioned that there is no death penalty for individuals under 18 in Iran, but 'retribution is considered a public right for the family of the victim, and even the Chief Justice cannot intervene in this matter.' He noted that a 'Child Life Preservation Group' has been formed in the judiciary, which has successfully led to the families of victims giving consent in 12 cases of retribution in Tehran and over 20 cases in other cities. Human rights organizations have repeatedly criticized the execution of individuals in Iran who were under 18 at the time of their crimes. According to the United Nations, around 160 individuals who were under the legal age at the time of their crimes are currently on death row in Iran. Amnesty International reported last February that at least 73 offenders under 18 were executed in Iran between 2005 and 2015. The Iranian judiciary executes juvenile offenders after they reach the age of 18. However, international bodies consider the execution of juvenile offenders after they reach legal age to be contrary to the International Convention on the Rights of the Child, which Iran has signed, and argue that Iranian authorities should consider the age of the crime as the basis for action.