Impact Iran

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.

(Iran: Post-election violence killings of 5 students and 7 others Violation alleged: Deaths due to the use of force by law enforcement officials or persons acting in direct or indirect compliance with the State, when the use of force is inconsistent with the criteria of absolute necessity and proportionality )

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".

We should also like to appeal to your Excellency's Government to take all necessary steps to secure the right to freedom of opinion and expression of the above mentioned persons (people arrested following the 2009 elections), in accordance with fundamental principles as set forth in article 19 of the Universal Declaration of Human Rights and reiterated in article 19 of the International Covenant on Civil and Political Rights which provides that "Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice‚".

(Regarding post-election violence killings of 5 students and 7 others. killing of students Fatemeh Barati, Kasra Sharafi, Mobina Ehterami, Kambiz Sho'a'i and Mohsen Imani along with at least seven other protesters and the arbitrary detention of dozens of opposition activists following recent elections in Iran.) Without expressing at this stage an opinion on the facts of the case and on whether the detention of the abovementioned persons is arbitrary or not, we would like to appeal to your Excellency's Government to take all necessary measures to guarantee their right not to be deprived arbitrarily of their liberty and to fair proceedings before an independent and impartial tribunal, in accordance with articles 9 and 10 of the Universal Declaration of Human Rights and articles 9 and 14 of the International Covenant on Civil and Political Rights.

The Special Rapporteur reiterates the previous calls made by his predecessor and the Secretary-General that all those arrested for the peaceful exercise of the rights to freedom of assembly and of opinion and expression be released, including those arrested during the protests in December 2017 and January 2018. The Special Rapporteur further calls upon the Government to undertake an independent and transparent investigation into the reported deaths in custody and other incidents leading to alleged violations of rights that took place during and after the protests.

The Government should amend laws and policies, and reconsider draft legislation, that infringe on the right to freely associate and assemble with expressive groups or like-minded individuals and to promote peaceful ideals and activities. Non-governmental organizations, including unregistered associations, should be allowed to function freely, and their members should be able to operate in a safe environment. The Special Rapporteur echoes the recommendation made by the Special Rapporteur on the rights to freedom of peaceful assembly and of association that the establishment of associations should be facilitated by a notification procedure that is simple, easily accessible, non-discriminatory and non-onerous or free of charge. Furthermore, the right to peaceful assembly should not be subject to prior authorization by the authorities, but at the most to a prior notification procedure, which should not be burdensome, and the Government should recognize spontaneous assemblies as exempted from prior notification.

High priority should be placed on amending laws and policies that undermine or violate internationally recognized rights and standards, and that therefore diminish the Government's capacity to address concerns highlighted during the review and presented in the present and other reports produced by the human rights mechanisms. The Government should rescind laws that render as offences activities conducted to exercise legitimate rights under international law, including any laws that restrict the press, criminalize expression, limit access to information and give rise to the ongoing arrests of civil society actors and members of vulnerable groups, including religious and ethnic minorities, as well as laws that apply the death penalty to offences, such as drug-trafficking, that are not considered to be "most serious crimes" under international law. Moreover, the mandatory use of the death penalty is not compatible with the fair trial safeguards required under international law for the application of the death penalty and should be reconsidered.

Consider the immediate and unconditional release of civil society actors and human rights defenders prosecuted for protected activities; including journalists, netizens, lawyers and student, cultural, environmental, and political activists that work to promote civil, political, economic, social and cultural rights currently detained for activities protected by national and international law.

Desist from actions designed to injure or intimidate those who work to identify human rights violations, promote redress, and those that may cooperate with international human rights mechanisms.

Immediately investigate allegations of reprisals against individuals that cooperate with international human rights instruments and organizations and to take measures to "ensure adequate protection from intimidation or reprisals for individuals and members of groups who seek to cooperate or have cooperated with the United Nations, its representatives and mechanisms in the field of human rights".

The Special Rapporteur encourages the Government to open greater space for the aforementioned groups of civil society actors to be able to carry out their work. He also wishes to stress the importance of freedom of expression and assembly for a democratic, open society governed by the rule of law, and encourages the Government to refrain from repressing dissent. The Special Rapporteur would also like to underscore the importance of perpetuating a culture of tolerance, and urges the Government to prevent discrimination against women, as well religious and ethnic minorities, in all spheres of public life and services, and to protect their freedoms to freely associate and express themselves.

In coordination with NGOs and with children themselves, provide children in street situations with the necessary protection, including a family environment, adequate health-care services, the possibility to attend school and other social services.

The Committee urges the State party to put an end to repression against non- governmental organizations working in the area of children's rights and to hold those responsible for harassment and persecution of human rights activists accountable.

The Committee encourages the State party to engage all the relevant actors, including non-governmental organizations and other members of civil society, in the process of discussion of the present concluding observations at the national level and facilitate their participation prior to the submission of its next periodic report.