criminal charges include “spreading propaganda against the system,” 5 conspiracy against the
State,6 encouragement to “violate public morals”7 as well as satire.8 Similar vaguely worded
provisions criminalize acts such as swearing at9 or insulting10 “the Great Prophet of Islam” as
well as “sowing corruption on earth”11 with the death penalty.
Under Article 220 of the Islamic Penal Code and Article 167 of the Iranian Constitution, a judge
may refer to Islamic law to rule on crimes not explicitly defined in the law. These articles require
judges to rely on non-codified law – namely authoritative Islamic sources and fatwas (a ruling on
a point of Islamic law given by a recognized authority) – to convict and sentence individuals to
crimes and punishments not codified by the existing law.
The lack of clear and precise substantive grounds for arrest or detention allows for an overly
broad, arbitrary interpretation and application of the law.12 For instance, crimes of moharebeh
(enmity against God)13 and efsad-e fel-arz (corruption on earth),14 offences that could carry the
death penalty, are not precisely defined in the Penal Code, leaving room for judicial
interpretation. The judge is granted the discretion to punish a crime of moharebeh with the death
penalty, crucifixion, amputation of the right arm and the left leg, or banishment.15
Iranian authorities frequently resort to the aforementioned legal provisions to intimidate, arrest
and prosecute individuals who peacefully exercise their rights, notably their freedom of
expression, association and assembly. 16 17 18 19 20 21 Similarly, the lack of legal safeguards for
5
Article 500 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
Article 610 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
7
Article 639 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
8
Article 700 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
9
Article 262 Islamic Penal Code 2013, https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/
10
Article 513 Islamic Penal Code 2013, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/
11
Article 286 Islamic Penal Code 2013.
12
UN Human Rights Committee (HRC), General comment no. 34, Article 19, Freedoms of opinion and expression, 12
September 2011, CCPR/C/GC/34, available at www.refworld.org/docid/4ed34b562.html
13
Article 279 of the Islamic Penal Code (2013), English translation, Iran Human Rights Documentation Center,
https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/
14
Article 286 Islamic Penal Code (2013), English translation, Iran Human Rights Documentation Center,
https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/
15
The Islamic Penal Code (2013), Articles 282 and 283, English translation, Iran Human Rights Documentation Center,
https://iranhrdc.org/english-translation-of-books-i-ii-of-the-new-islamic-penal-code/
16
See more : ARTICLE 19, Small Media, Human Rights Activists in Iran, Impact Iran, Human Rights Committee, 129th session
(Geneva) 29 June – 24 July 2020,
https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_ICS_IRN_42315_E.pdf
17
See more: Iran Human Rights, https://www.iranhr.net/en/reports/23/
18
See more: Iran Human Rights Documentation Center, https://iranhrdc.org/controlled-and-pursued-labor-activism-incontemporary-iran/
19
See more: Ensemble Contre la Peine de Mort, https://www.ecpm.org/wp-content/uploads/Rapport-iran-2020-gb-070420WEB.pdf
20
See more: Association for the human rights of the Azerbaijani people in Iran, http://www.ahraz.org/association-for-the-humanrights-of-the-azerbaijani-people-in-iran-ahrazs-repot-regarding-the-current-situation-of-the-azerbaijani-arrestees-that-arearrested-during-the-recent-protests-nove/
21
See more: Kurdistan Human Rights Geneva, https://kmmk-ge.org/sd/annual-report-2020/
6
2