Special Rapporteur on the situation of human rights in the Islamic Republic of Iran
A/HRC/40/67 para 70(i)
Full recommendation:
The Special Rapporteur recommends that the Government and Parliament, ensure that all those
arrested for the peaceful exercise of their rights to freedom of opinion, expression, assembly and
association are released. Promptly report to the families the whereabouts and situation of
individuals taken into custody.
Assessment using Impact Iran human rights indicators1
A. The Special Rapporteur recommends that the Government and Parliament, ensure
that all those arrested for the peaceful exercise of their rights to freedom of opinion,
expression, assembly and association are released.
While Article 27 of the Constitution ostensibly protects the right to freedom of peaceful
assembly, the guarantee falls short of international standards set out in the International
Covenant on Civil and Political Rights (ICCPR) by requiring that participants are 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.” 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.2 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.3 Those
participating in peaceful unauthorized assemblies are often charged and sentenced to prison
terms under Article 610 of the Islamic Penal Code.4
The right to freedom of expression, recognised 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 their 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
1
CCPR.19.1.S.1; CCPR.19.2.S.1; CCPR.21.1.S.1; CCPR.22.1.S.1;
CCPR.21.1.P.2;
CCPR.21.1.O.2; CCPR.21.1.O.3; CCPR.22.1.O.2
2
The 2016 Law on Political Crimes, available at: https://rc.majlis.ir/fa/law/show/968421
3
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
4
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
1