Special Rapporteur on the situation of human rights in the Islamic Republic of Iran
A/HRC/31/69 para 66
Full recommendation
The widening crackdown on freedom of expression and opinion that reportedly took place during
the reporting period is regrettable, and the Special Rapporteur urges the Government to
consider amending or rescinding laws, policies and parliamentary measures that contravene
freedom of expression and that restrict access to information, including the draft political
crimes bill, which would criminalize attempts to “reform the country’s policies”.
Assessment using Impact Iran human rights indicators1
While Article 27 of the Constitution ostensibly protects the right to freedom of peaceful
assembly, the guarantee is only ensured so long as long it is not deemed “in violation of the
fundamental principles of Islam.” There is no clear definition or criteria that define what
constitutes “fundamental principles of Islam.” Under Article 2 of the Law on Political Crimes,
adopted in 2016, participation in an unauthorized assembly, even if it is peaceful, can effectively
be considered a political offence. Unauthorized assemblies had previously been prohibited under
the 1981 Law on the Activities of Parties, Populations and Political and Trade Unions and
Islamic Associations or Recognized Religious Minorities.2 Those participating in peaceful
unauthorized assemblies are often charged and subsequently sentenced to prison terms under
Article 610 of the Islamic Penal Code, which criminalizes acts of collusion and conspiration of
two or more individuals to “commit crimes against the national or foreign security of the country
or prepare the facilities to commit the aforementioned crimes.”3
The right to freedom of expression, recognized under Article 24 of the Constitution is similarly
undermined by vague qualifications, such as being “deemed harmful to the principles of Islam or
the rights of the public.” Article 40 further allows for restrictions of rights, including peaceful
assembly, if their exercise is deemed “injurious to others” or “detrimental to public interests.”
Similar provisions restrict the right to freedom of expression online through the criminalization
of vaguely worded offences such as the “dissemination of lies” and what is deemed to offend
“public morality and chastity.”4
1
CCPR.19.1.S.1; CCPR.19.2.S.1; CCPR.19.2.S.2
CCPR.19.2.P.1; CCPR.19.2.P.2; CCPR.19.2.P.3
CCPR.19.1.O.1; CCPR.19.2.O.1; CCPR.19.2.O.2; CCPR.19.2.O.5
2
https://rc.majlis.ir/fa/law/show/90226
3
The 2016 Law on Political Crimes, available at: https://rc.majlis.ir/fa/law/show/968421
4
“Islamic Republic of Iran: Computer Crimes Law,” ARTICLE19, 2012. https://bit.ly/1RecP6R
1