Constitution, a judge may refer to Islamic law to rule on crimes not explicitly defined in the law.
As apostasy is considered as a hadd offence (a crime for which a fixed punishment is derived
from the Qur’an or the Hadith33), a judge may still invoke Articles 220 of the Penal Code and
Article 167 of the Constitution to convict and sentence individuals accused of apostasy on this
basis. Commonly, however, the Iranian judiciary resorts to national security charges instead of
apostasy. Because Christian converts are considered as apostates by Iranian authorities,34 they
are barred from accessing officially recognized Christian churches and churches holding services
for Farsi-speaking Christians have been forced to close by the Iranian government.35 As a result
Christian converts resort to gather in informal meetings, commonly called “house churches”.36
State authorities regularly conduct raids, arrest organizers and sentence to prison the organizers
of such meetings.37 Attendees are arrested and imprisoned on charges of “acting against national
security by organizing and conducting house-churches” “propaganda against the state and
insulting the sacred Iranian establishment”38 “propagation of Zionist evangelical Christianity” or
“administering and managing the home churches”.39 Christian converts are reportedly arrested,
prosecuted and imprisoned on national security charges, in connection with a range of peaceful
activities, including simply participating in religious or cultural activities, resulting in long
prison and flogging sentences.40 The end of 2018 and 2019 saw an unprecedented wave of raids
on private house gatherings related to religion or belief, leading to a large number of arrests.41
Charges notably included “Christianity mission” and “disturbing public opinion”.42
While it is technically possible to file discrimination complaints with the Administration
of Justice Court, the Article 90 Commission in the parliament, and the Oversight Bodies for the
exercise of Citizenship Rights in the country’s provincial courts, there is no evidence
33
Amnesty International <https://www.amnesty.org/download/Documents/MDE1327082016ENGLISH.PDF>
Report of the Special Rapporteur on the situation of human rights in Iran, 18 July 2019, https://documents-ddsny.un.org/doc/UNDOC/GEN/N19/222/62/PDF/N1922262.pdf?OpenElement
35
Joint submission to the Human Rights Committee from The World Evangelical Alliance, Open Doors, Christian Solidarity
Worldwide, Middle East Concern, Article 18, 29 May 2020 , https://articleeighteen.com/wp-content/uploads/2020/06/F3430b2020-JointReport_Iran_HRCttee_ListOfIssues-dragged-1.pdf
36
Report of the Special Rapporteur on the situation of human rights in Iran, 18 July 2019, https://documents-ddsny.un.org/doc/UNDOC/GEN/N19/222/62/PDF/N1922262.pdf?OpenElement
37
Joint submission to the Human Rights Committee from All Human Rights for All in Iran, Association for Human Rights in
Kurdistan – Geneva, Association for the Human Rights of the Azerbaijani People in Iran, Iran Human Rights Documentation
Center, OutRight International, Siamak Pourzand Foundation, Small Media, Impact Iran, 2020,
<https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_NGO_IRN_42317_E.pdf>
38
Joint submission to the Human Rights Committee from The World Evangelical Alliance, Open Doors, Christian Solidarity
Worldwide, Middle East Concern, Article 18, 29 May 2020 , https://articleeighteen.com/wp-content/uploads/2020/06/F3430b2020-JointReport_Iran_HRCttee_ListOfIssues-dragged-1.pdf
39
Report of the Special Rapporteur on the situation of human rights in Iran, 18 July 2019, https://documents-ddsny.un.org/doc/UNDOC/GEN/N19/222/62/PDF/N1922262.pdf?OpenElement
40
Joint submission to the Human Rights Committee from All Human Rights for All in Iran, Association for Human Rights in
Kurdistan – Geneva, Association for the Human Rights of the Azerbaijani People in Iran, Iran Human Rights Documenttion
Center, OutRight International, Siamak Pourzand Foundation, Small Media, Impact Iran, 2020,
<https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_NGO_IRN_42317_E.pdf>
41
Joint submission to the Human Rights Committee from The World Evangelical Alliance, Open Doors, Christian Solidarity
Worldwide, Middle East Concern, Article 18, 29 May 2020 , https://articleeighteen.com/wp-content/uploads/2020/06/F3430b2020-JointReport_Iran_HRCttee_ListOfIssues-dragged-1.pdf
42
Human Rights Activists News Agency (HRANA) https://www.en-hrana.org/a-christian-citizen-was-arrested-and-another-waswent-into-exile
34
5