Special Rapporteur on the situation of human rights in the Islamic Republic of Iran
A/HRC/34/65 para 86
Full recommendation
The Special Rapporteur welcomes the recent amendments to the Islamic Penal Code and the
Criminal Procedure Code. She, however, regrets that the amendments have not yet translated
into better protection from arbitrary arrest and detention, as shown by the number of cases
highlighted in the present report. The Special Rapporteur urges the Government to adopt
all the measures necessary to effectively guarantee the right of anyone to be free from arbitrary
deprivation of their liberty. In this respect, she echoes the recommendations made by the
previous mandate holder on the necessity to amend the broadly defined criminal offences,
to strengthen fair trial safeguards, to investigate all allegations of torture and ill-treatment
and to hold accountable those found guilty.
Assessment using Impact Iran human rights indicators1
A. The Special Rapporteur urges the Government to adopt all measures necessary to
effectively guarantee the right of anyone to be free from arbitrary deprivation of
their liberty. In this respect, she echoes the recommendations made by the previous
mandate holder on the necessity to amend the broadly defined criminal offences
National security crimes and crimes of propaganda against the state are broadly and vaguely
defined under the Iranian criminal justice system. This grants Iranian authorities significant
discretion to impose restrictions on freedom of expression, assembly and association, especially
when those rights are exercised to criticize the State, even when peaceful and in line with
international standards.
National security crimes and crimes of propaganda are codified under the Islamic Penal Code,2
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),3 “forming a group composed of more
than two people with the purpose of disrupting national security” (Article 498)4 and/or
“membership of a group with the purpose of disrupting national security” (Article 499). Other
1
CCPR.7.1.S.1; CCPR.9.1.S.1; CCPR.14.3.S.2; CCPR.7.1.P.1; CCPR.7.1.P.2; CCPR.9.2.P.1; CCPR.14.3.P.2; CCPR.7.1.O.1;
CCPR.7.1.O.2; CCPR.7.1.O.3; CCPR.9.2.O.4; CCPR.14.3.O.3; CCPR.14.3.O.5
2
The Islamic Penal Code available at: http://rc.majlis.ir/fa/law/print_version/845048
3
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
4
Article 498 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
1