Special Rapporteur on the situation of human rights in the Islamic Republic of Iran
A/HRC/34/65 para 88
Full recommendation
The Special Rapporteur urges the Government to guarantee the freedom of the press and media
and to release all prisoners who have been jailed for exercising their right to freedom of opinion
and expression. These include the persons mentioned in paragraph 47 of the present report, who
were the subject of opinions issued by the Working Group on Arbitrary Detention. All political
prisoners and prisoners of conscience should be released so as to foster an atmosphere that
inspires confidence and gives hope to the citizens that the human rights situation in the country
may improve.
Assessment using Impact Iran human rights indicators1
The rights to freedom of opinion and expression as well as the freedom of the press and media
are restricted in the Islamic Republic of Iran. Individuals in Iran are subject to arrest, prosecution
and detention for the peaceful exercise of these rights.
Article 27 of the Constitution ostensibly protects the right to freedom of peaceful assembly, but
the guarantee fails to comply with international standards set forth in the International Covenant
on Civil and Political Rights (ICCPR) because the right is limited to instances in which
participants are not “in violation of the fundamental principles of Islam.” There is no clear
definition or criteria that define what 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.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 Code4, which criminalizes acts
of collusion and conspiration of two or more individuals to “commit crimes against the national
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