threat.42 The Iranian judiciary has reportedly used articles such as 498, 499 and 500 of the Iranian
Penal Code to prosecute minority faith adherents, including non-Shia Muslims, for such activities
on charges related to national security.43 44
Since February 2018, Gonabadi Dervishes have faced a crackdown, with hundreds arrested
following a peaceful protest and over 200 sentenced to lengthy prison terms, flogging and other
punishments. Dozens remained imprisoned on charges including “gathering and colluding to
commit crimes against national security.”45 Reports have shown that members of the Christian
converts minority were regularly being arrested on the charges of “Christian activity” (although
the Christian minority is recognized by the Constitution) or “acting against national security
through propaganda against the regime.”46 Members of the Baha’i faith have faced a range of
charges for manifesting their faith, including “collusion and assembly against national security”
and “formation and management of an illegal Baha’i group with intent to disturb national
security.”47
The Human Rights Committee has stipulated that limitations to manifest one’s religion or belief
should only be made on the grounds provided in Article 18.3 of the ICCPR, which does not include
national security.48 Additionally, restrictions may not be applied in a discriminatory manner and
the limitations on the freedom to manifest a religion or belief for the purpose of protecting morals
“must be based on principles not deriving exclusively from a single tradition.”49 Therefore, in the
Islamic Republic of Iran, the restriction to manifest a religion or belief on the basis of national
security and targeting discriminatorily religious minorities is incompatible with Article 18 of the
ICCPR.
4. Respect for the liberty of parents and, when applicable, legal guardians to
ensure the religious and moral education of their children in conformity with
their own convictions (Article 18.4)
42
Joint submission to the Human Rights Committee from The World Evangelical Alliance, Open Doors, Christian Solidarity
Worldwide, Middle East Concern, Article 18, 29 May 2020 , https://articleeighteen.com/wp-content/uploads/2020/06/F3430b2020-JointReport_Iran_HRCttee_ListOfIssues-dragged-1.pdf
43
Articles 498 (“establishing a group that aims to disrupt national security”), 499 (“membership in a group that aims to disrupt
national security”), and 500 (“spreading propaganda against the system”), Islamic Penal Code of the Islamic Republic of Iran
(2013), Iran Human Rights Documentation Center, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-bookfive/
44
Rights Denied: Violations against ethnic and religious minorities in Iran, https://minorityrights.org/wpcontent/uploads/2018/03/Rights-Denied-Violations-against-ethnic-and-religious-minorities-in-Iran.pdf
45
Amnesty International , https://www.amnesty.org/download/Documents/MDE1318292020ENGLISH.PDF
46
https://www.en-hrana.org/a-report-on-fatemeh-mary-mohammadi
47
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, 28 January 2020,
https://documents-dds-ny.un.org/doc/UNDOC/GEN/G20/021/53/PDF/G2002153.pdf?OpenElement
48
CCPR General Comment No. 22: Article 18 (Freedom of Thought, Conscience or Religion),
https://www.refworld.org/docid/453883fb22.html
49
CCPR General Comment No. 22: Article 18 (Freedom of Thought, Conscience or Religion),
https://www.refworld.org/docid/453883fb22.html
7
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