The law in the Islamic Republic of Iran does not ensure that lethal force is used only when
strictly unavoidable to protect life. In practice and as documented in the context of the November
2019 protests, Iranian security forces kill civilians despite no plausible threat to life. The
impunity to date for the large scale, unlawful use of lethal force by Iranian security authorities
strongly increases the probability of reoccurrence.
B. The Special Rapporteur recommends that the Government, the judiciary and the
parliament: Ensure that everyone is allowed to participate in lawful and peaceful
assemblies, in accordance with article 21 of the International Covenant on Civil and
Political Rights;
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
stipulate 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.12 Unauthorised assemblies were
previously prohibited under the 1981 Law on the Activities of Parties, Populations and Political
and Trade Unions and Islamic Associations or Recognised Religious Minorities.13 Those
participating in peaceful unauthorised assemblies are often charged and sentenced to prison
terms under Article 610 of the Islamic Penal Code.14
The revised version of the Islamic Penal Code,15 adopted in 2013, maintains numerous
provisions which criminalise the exercise of the right to freedom of expression, association and
peaceful assembly, in contravention of international human rights law and standards. Under the
Penal Code, the establishment or leadership of a group that “aims to perturb the security of the
country” is criminalized,16 as well as a variety of acts considered as propaganda17 or conspiracy
against the state (which has been interpreted to include peaceful protests).18 Encouragement to
“violate public morals”19 as well as satire are also penalized.20 Similar vaguely worded
12
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
14
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:
https://rc.majlis.ir/fa/law/print_version/845048
15
The Islamic Penal Code available at: http://rc.majlis.ir/fa/law/print_version/845048
16
Article 498 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
17
Article 500 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
18
Article 610 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
19
Article 639 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
20
Article 700 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
13
3