assembly, in contravention of international human rights law and standards. To name a few,
under the Penal Code, the establishment or leadership of a group that “aims to perturb the
security of the country” is criminalized,5 as well as a variety of acts considered as propaganda6 or
conspiracy against the state (which has been interpreted to include peaceful protests).7
Encouragement to “violate public morals”8 as well as satire are also penalized.9 Similar vaguely
worded provisions punish acts such as swearing at10 or insulting11 “the Great Prophet of Islam”
as well as “sowing corruption on earth”12 with the death penalty.
These restrictions fail to meet requirements of international standards that limitations are
necessary and proportionate, and in pursuit of one of a limited number of narrowly-drawn
legitimate aims, per Article 19 of the ICCPR. Additionally, the restriction on freedom of
expression on the basis that it, for instance, offend public morality and chastity, is not a lawful
restriction as per Article 19(3) of the ICCPR. Similarly, overbroad restrictions, vaguely worded
and generic bans on freedom of expression are inconsistent with international standards.13
Such restrictive legal provisions grant Iranian authorities’ significant discretion to impose
overbroad and vague restrictions on individuals’ rights in violation of the country’s international
human rights obligations.
The authorities frequently resort to these provisions in order to intimidate, arrest and
prosecute individuals who peacefully exercise their rights to freedom of expression, association
and assembly including journalists and media workers, trade unionists, and lawyers. 14 15 16 17
5
Article 498 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
Article 500 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
7
Article 610 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
8
Article 639 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
9
Article 700 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
10
Article 262 Islamic Penal Code 2013, https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/
11
Article 513 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
12
Article 286 Islamic Penal Code 2013
13
UN Human Rights Committee (HRC), General comment no. 34, Article 19, Freedoms of opinion and expression, 12
September 2011, CCPR/C/GC/34 , available at: https://www.refworld.org/docid/4ed34b562.html
14
See more : ARTICLE 19, Small Media, Human Rights Activists in Iran, Impact Iran, Human Rights Committee, 129th session
6
(Geneva) 29 June – 24 July 2020,
https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_ICS_IRN_42315_E.pdf
15
See more: Iran Human Rights, https://www.iranhr.net/en/reports/23/
16
See more: Iran Human Rights Documentation Center, https://iranhrdc.org/controlled-and-pursued-labor-activism-incontemporary-iran/
17
See more: Ensemble Contre la Peine de Mort, https://www.ecpm.org/wp-content/uploads/Rapport-iran-2020-gb-070420WEB.pdf
2