Special Rapporteur on extrajudicial, summary or arbitrary executions A/HRC/14/24/Add.1 para 399 Full recommendation: In the event that your investigations support or suggest the above allegations to be correct, we urge your Excellency’s Government to take all necessary measures to guarantee that the rights and freedoms of the aforementioned person(s) (ensure the right of peaceful assembly) are respected and accountability of any person guilty of the alleged violations is ensured. We also request that your Excellency’s Government adopt effective measures to prevent the recurrence of these acts. Assessment using Impact Iran human rights indicators 1 Article 27 of the Constitution of the Islamic Republic of Iran 2 permits freedom of assembly but has two restrictions; (1) carrying of weapons is prohibited, and (2) the rally should not be “disruptive to the principles of Islam". There is no clear definition or criteria that define the “Principles of Islam”, which has allowed for the creation of restrictions on the right to peaceful assembly in contradiction with international standards. 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. 3 Unauthorised assemblies had previously been prohibited under the 1981 Law on the Activities of Parties, Populations and Political and Trade Unions and Islamic Associations or Recognised Religious Minorities.4 Those participating in peaceful unauthorised assemblies are often charged and sentenced to prison terms under Article 610 of the Islamic Penal Code. 5 The revised version of the Islamic Penal Code, 6 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. For example, under the Penal Code, the establishment or leadership of a group that “aims to perturb the security of 1 CCPR.21.S.1 CCPR.22.1.P.1 CCPR.21.O.1 2 Article 27: “Public gatherings and marches may be freely held, provided arms are not carried and that they are not detrimental to the fundamental principles of Islam.” 3 The 2016 Law on Political Crimes, available at: https://rc.majlis.ir/fa/law/show/968421 4 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 5 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 6 The Islamic Penal Code available at: http://rc.majlis.ir/fa/law/print_version/845048 1

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