Zaghari-Ratcliffe9 (Opinion no. 28/2016)10 was released having completed her sentence but
currently faces new charges.11 Mr. Ahmad Reza Djalali whose detention was found arbitrary by
the WGAD in 2017,12 face imminent execution.13 Mr. Robert Levinson, whose detention was
found arbitrary by the Working Group in 2016,14 reportedly died in Iranian custody.15
Many political prisoners and prisoners of conscience remain in detention in the Islamic Republic
of Iran.16 17 18
The Islamic Republic of Iran has not complied with the findings of the Working Group on
Arbitrary Detention.
B. The Special Rapporteur appeals for the unconditional release of all those detained
for the peaceful exercise of their rights to freedom of expression, assembly and
association, conscience and political opinion, in particular journalists, human rights
defenders, adherents of recognized and unrecognized religions and the leaders of the
Baha’i faith.
Article 27 of the Constitution of the Islamic Republic of Iran19 ostensibly protects the right to
freedom of peaceful assembly, however only if it is not “in violation of the fundamental
principles of Islam.” There is no clear definition or criteria that define what can be considered
“fundamental principles of Islam,” therefore, granting the State with significant leeway to restrict
the rights that contain such condition. Similar restrictions can also be found under Article 2 of
the Law on Political Crimes, adopted in 2016, where stipulated that participation in an
unauthorized assembly, even if it is peaceful, can effectively be considered a political offence.20
Similarly, the right to freedom of expression, recognized under Article 24 of the Constitution is
restricted if “deemed harmful to the principles of Islam or the rights of the public.” Article 40
9
United For Iran, https://ipa.united4iran.org/en/prisoner/2481/
Working Group on Arbitrary Detention, Opinion no. 28/2016,
https://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/WGAD/2016/28
11
The Guardian, https://www.theguardian.com/news/2021/mar/07/nazanin-zaghari-ratcliffe-reportedly-freed-but-may-face-newcharges
12
Working Group on Arbitrary Detention, Opinion no. 92/2017,
https://www.ohchr.org/EN/Issues/Detention/Pages/Opinions80thSession.aspx
13
United For Iran, https://ipa.united4iran.org/en/prisoner/3126/
14
Working Group on Arbitrary Detention, Opinion no. 50/2016,
https://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/WGAD/2016/50
15
United For Iran, https://ipa.united4iran.org/en/prisoner/3488/
16
See more: United for Iran, https://ipa.united4iran.org/en/prisoner/
17
OHCHR News, https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25803&LangID=E
18
UN News, https://news.un.org/en/story/2020/10/1074722
19
Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wp-content/uploads/constitutionenglish-1368.pdf
20
The 2016 Law on Political Crimes, available at: https://rc.majlis.ir/fa/law/show/968421
10
2