As found under the UN Declaration on Human Rights Defenders, the protection of human rights,
including the right to freedom of expression and the right to peaceful assembly and association,
is essential for human rights activists to be able to carry out their work. 16 While the Iranian
Constitution protects freedom of expression, the right is restricted when “deemed harmful to the
principles of Islam or the rights of the public”. 17 Similarly, the right to freedom of peaceful
assembly is protected as long as it does not violate the fundamental principles of Islam.18 These
restrictions are reiterated under the Islamic Penal Code (2013). To name a few examples, the
establishment or leadership of a group that “aims to perturb the security of the country” is
criminalised,19 as well as a variety of acts considered as propaganda20 or conspiracy against the
state (which has been interpreted to include peaceful protests).21 Encouragement to “violate
public morals”22 as well as satire are also penalised.23 Similar vaguely worded provisions
criminalise acts such as swearing at24 or insulting25 “the Great Prophet of Islam” as well as
“sowing corruption on earth”26 with the death penalty.
These restrictions not only fail to meet the requirements of international standards,27 they also
grant the Government with significant leeway to legally persecute human rights activists for
carrying out their legitimate work. Iranian authorities frequently resort to the aforementioned
provisions in order to intimidate, arrest and prosecute human rights activists who peacefully
exercise their rights to freedom of expression, association and assembly.28 29 30 31 Human rights
lawyers have increasingly been targeted for repression, facing arrest, detention, and
imprisonment solely for exercising their rights to freedom of expression, association and
assembly and for carrying out their professional work to defend their clients. Other human rights
defenders, including trade unionists and environmental activists have also faced increasing levels
16
OHCHR, https://www.ohchr.org/en/issues/srhrdefenders/pages/declaration.aspx
Article 24, Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wpcontent/uploads/constitution- english-1368.pdf
18
Article 27 Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wpcontent/uploads/constitution- english-1368.pdf
19
Article 498 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
20
Article 500 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
21
Article 610 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
22
Article 639 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
23
Article 700 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
24
Article 262 Islamic Penal Code 2013, https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/
25
Article 513 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
26
Article 286 Islamic Penal Code 2013,
27
See Article 19 of the International Covenant on Civil and Political Rights
28
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
29
The Governmental crackdown on the November 2019 protests is emblematic of Iran’s repression of the rights to freedom of
expression, assembly and association. See more: Amnesty International, Trampling Humanity: Mass arrests, disappearances and
torture since Iran’s 2019 November protests, https://www.amnesty.org/en/documents/mde13/2891/2020/en/
30
“Aliresza Farshi has been released from Evin,” HRNA News Agency. 11 April 2020. https://www.hranews.org/2020/hranews/a-24375/
31
“Iran arrests 29 linked to protests against compulsory hijab laws”, New York Times, 2 February 2018.
https://tinyurl.com/ybmdozuy
17
3