of any domestic and foreign news should “increase public awareness and protect society’s
interests” (Article 5).8 Similarly, vaguely phrased Penal Code offenses such as “acting against
national security,” “membership in an illegal organisation” and “participation in an illegal
gathering” criminalise and harshly punish a wide range of association, peaceful assembly, as
well as expression that is protected under the CRC.9 These laws and their application conflict
with Articles 26 and 27 of the Constitution that protect freedom of assembly and peaceful
association that is “not detrimental to the fundamental principles of Islam.”10
These provisions and others are regularly used to justify the arrests of journalists, bloggers,
student activists, protesters, and human rights defenders.11 The criminalisation extends to girls
from the age of 9 lunar years and boys from the age of 15 lunar years and has led to arrests and
prosecutions.12 Under the law there is no subscribed leniency or sentence mitigation for children
facing security or political charges. Security forces including the police, ministry of intelligence,
Basij (national militia), and Revolutionary Guards are permitted to arrest children. Investigations
in these cases are conducted directly by security officials and not the special units for child
offenders. These children are often detained and interrogated by the Ministry of Intelligence or
Revolutionary Guards in special security wards, which are not monitored by the prison’s
administration.13
The government’s reaction to the November 2019 protests is perhaps the most glaring recent
example of Iranian authorities using ambiguous laws to arrest and pass sentences on individuals
peacefully assembling and practicing free expression, as approximately 7,000 protestors were
arrested, including children as young as 15. 14 15 16
Recommendation Status:
This recommendation has NOT been implemented.17
8
Ibid.
Penal Code, Book 5 (1997), arts. 498, 499, 610, 611, and 1375.
10
Iranian Constitution, arts. 26 and 27
11
See, UN Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, Report on the situation of human
rights in the Islamic Republic of Iran (13 March 2014)
12
Amnesty International: https://www.amnesty.org/en/latest/news/2019/12/iran-thousands-arbitrarily-detained-and-at-risk-oftorture-in-chilling-post-protest-crackdown/
13
Iran Human Rights Documentation Center, consultation with Iranian lawyer Hossein Raeesi (February 2013).
14
Amnesty International: https://www.amnesty.org/en/latest/news/2020/09/iran-detainees-flogged-sexually-abused-and-givenelectric-shocks-in-gruesome-post-protest-crackdown-new-report/
15
Amnesty International: https://www.amnesty.org/en/latest/news/2019/12/iran-thousands-arbitrarily-detained-and-at-risk-oftorture-in-chilling-post-protest-crackdown/
16
Human Rights Watch: https://www.hrw.org/news/2020/07/10/iran-death-penalty-protest-related-charges
17
For more please see: Impact Iran submission to the Committee on the Rights of the Child, review of the 3rd and 4th periodic
reports of the Islamic Republic of Iran:
https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/countries.aspx?CountryCode=IRN&Lang=EN
9
2