These restrictions are reiterated in the revised version of the Islamic Penal Code,5 adopted in
2013. For instance, those participating in peaceful unauthorized assemblies can be sentenced to
prison terms on the charges of “gathering and colluding to commit crimes against national
security” (Article 610 of the Islamic Penal Code),6 “forming a group composed of more than two
people with the purpose of disrupting national security” (Article 498) 7 and/or “membership of a
group with the purpose of disrupting national security” (Article 499). Other criminal charges
include “spreading propaganda against the system,” 8 conspiracy against the State,9
encouragement to “violate public morals”10 as well as satire.11 Similar vaguely worded
provisions criminalize acts such as swearing at12 or insulting13 “the Great Prophet of Islam” as
well as “sowing corruption on earth”14 with the death penalty.
All the restrictions aforementioned fail to meet requirements of international standards, including
the principles of legality and that limitations must be necessary, proportionate and in pursuit of
one of a limited number of narrowly-drawn legitimate aims.15 Consequently, the current Iranian
legal framework grants authorities’ significant discretion to impose overbroad and vague
restrictions on individuals’ rights in contravention of the Iran’s international human rights
obligations. As freedom of expression, assembly and association are central to the work of HRDs
and civil society in general, they are particularly exposed to State restriction and repression.
Such risk has been confirmed in practice. Iranian authorities frequently rely on the
aforementioned legal framework in order to intimidate, arrest and prosecute individuals who
peacefully exercise their rights to freedom of expression, association and assembly,16 17
5
The Islamic Penal Code available at: http://rc.majlis.ir/fa/law/print_version/845048
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
7
Article 498 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
8
Article 500 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
9
Article 610 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
10
Article 639 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
11
Article 700 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
12
Article 262 Islamic Penal Code 2013, https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/
13
Article 513 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
14
Article 286 Islamic Penal Code 2013.
15
Article 19, International Covenant on Civil and Political Rights
16
See more : Amnesty International, Caught in a web of repression: Iran’s Human Rights Defenders under attack,
https://www.amnesty.org/download/Documents/MDE1364462017ENGLISH.PDF
17
While no official figure exists on the number of journalists detained with charges since 2011, documentation on specific cases
of journalists imprisoned by HRANA News Agency, Committee to Protect Journalists, Amnesty International, Centre for Human
Rights on Iran, and Reporters Without Borders and ARTICLE19 suggest the number is over a hundred.
6
2