Special Rapporteur on extrajudicial, summary or arbitrary executions A/HRC/14/24/Add.1
para 398
Full recommendation:
In this context, we would further like to appeal to your Excellency's Government to take all
necessary steps to ensure the right of peaceful assembly as recognized in article 21 of the
International Covenant on Civil and Political Rights, which provides that “The right of peaceful
assembly shall be recognized. No restrictions may be placed on the exercise of this right other
than those imposed in conformity with the law and which are necessary in a democratic society
in the interest of national security of public safety, public order (ordre public), the protection of
public health or morals of the protection of the rights and freedoms of others”.
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". t 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