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.6 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.7 Those participating in peaceful
unauthorized assemblies are often charged and sentenced to prison terms under Article 610 of the
Islamic Penal Code.8
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 the 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”.9
The revised version of the Islamic Penal Code,10 adopted in 2013, maintains numerous
provisions which criminalize the exercise of the right to freedom of expression, association and
peaceful assembly, in contravention of international human rights law and standards. For
example, under the Penal Code, the establishment or leadership of a group that “aims to perturb
the security of the country” is criminalized,11 as well as a variety of acts considered as
propaganda12 or conspiracy against the state (which has been interpreted to include peaceful
protests).13 Encouragement to “violate public morals”14 as well as satire are also penalized.15
Similar vaguely worded provisions punish acts such as swearing at16 or insulting17 “the Great
Prophet of Islam” as well as “sowing corruption on earth”18 with the death penalty.
These restrictions fail to meet international standards that require limitations to be necessary and
proportionate, and in pursuit of one of a limited number of narrowly-drawn legitimate aims, per
Article 19 of the ICCPR. The restrictions grant authorities’ significant discretion to impose
6
The 2016 Law on Political Crimes, available at: https://rc.majlis.ir/fa/law/show/968421
The 1981 Law on the Activities of Parties, Populations and Political and Trade Unions and Islamic Associations or Recognised
Religious Minorities, available at: https://rc.majlis.ir/fa/law/show/90226
8
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
9
“Islamic Republic of Iran: Computer Crimes Law,” ARTICLE19, 2012. https://bit.ly/1RecP6R
10
The Islamic Penal Code available at: http://rc.majlis.ir/fa/law/print_version/845048
11
Article 498 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
12
Article 500 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
13
Article 610 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
14
Article 639 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
15
Article 700 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
16
Article 262 Islamic Penal Code 2013, https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/
17
Article 513 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
18
Article 286 Islamic Penal Code 2013
7
2