membership of these commissions to the Ministry of Interior.” Note 2 of the same Article
stipulates that only gatherings that received a permit from the Ministry of Interior can be
authorized. There is no independent mechanism in Iran able to challenge the Ministry’s refusals
to grant such permit. In practice, these legal provisions have translated in general restrictions on
gatherings and assemblies that are critical of the State of Iran.
Similar restrictions are further reiterated in the revised version of the Islamic Penal Code,
adopted in 2013. For instance, those participating in peaceful unauthorized assemblies can be
sentenced to prison terms on the charges of “gathering and colluding to commit crimes against
national security” (Article 610 of the Islamic Penal Code),20 “forming a group composed of more
than two people with the purpose of disrupting national security” (Article 498) 21 and/or
“membership of a group with the purpose of disrupting national security” (Article 499). Other
criminal charges include “spreading propaganda against the system,” 22 conspiracy against the
State,23 encouragement to “violate public morals”24 as well as satire.25 Similar vaguely worded
provisions criminalize acts such as swearing at26 or insulting27 “the Great Prophet of Islam” as
well as “sowing corruption on earth”28 with the death penalty.
Restrictions on the rights to freedom of expression, assembly and association that do not meet
the principle of legality because they are not necessary, proportionate, or in pursuit of one of a
limited number of narrowly-drawn legitimate aims, making them contrary to international human
rights standards.29 The current Iranian legal framework grants authorities’ significant discretion
to impose overbroad and vague restrictions on individuals’ rights in contravention of Iran’s
international human rights obligations.
Iranian authorities frequently resort to the aforementioned legal provisions to intimidate, arrest
and prosecute individuals (disproportionately members of minorities30 31) who peacefully
exercise their rights to freedom of expression, association and assembly, including journalists
20
The new Islamic Penal Code was introduced in 2013 for an experimental period of five years and was revised in 2016. See the
most updated version of the Islamic Penal Code here on the website of the Iranian parliament:
http://rc.majlis.ir/fa/law/print_version/845048
21
Article 498 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
22
Article 500 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
23
Article 610 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
24
Article 639 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
25
Article 700 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
26
Article 262 Islamic Penal Code 2013, https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/
27
Article 513 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
28
Article 286 Islamic Penal Code 2013.
29
Article 19, International Covenant on Civil and Political Rights
30
See more: Association for the human rights of the Azerbaijani people in Iran, http://www.ahraz.org/association-for-the-humanrights-of-the-azerbaijani-people-in-iran-ahrazs-repot-regarding-the-current-situation-of-the-azerbaijani-arrestees-that-arearrested-during-the-recent-protests-nove/
31
See more: Kurdistan Human Rights Geneva, https://kmmk-ge.org/sd/annual-report-2020/
4