security threat.36 The Iranian judiciary has reportedly been using articles such as 498, 499 and
500 of the Iranian Penal Code to prosecute minority faith adherents for such activities.37 38
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”.39 Reports have shown that members of
the Christian converts religious 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”.40 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”.41
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.42 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”.43 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 the ICCPR.
D. 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)
Article 13 of the Constitution of the Islamic Republic of Iran provides that the Zoroastrians,
Jewish and Christians religious minorities “are free to perform their religious rites and
ceremonies, and to act according to their own canon in matters of personal affairs and
36
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/wpcontent/uploads/2020/06/F3430b-2020-JointReport_Iran_HRCttee_ListOfIssues-dragged-1.pdf
37
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) as referenced in the 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/F3430b-2020-JointReport_Iran_HRCttee_ListOfIssues-dragged1.pdf
38
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
39
Amnesty International , https://www.amnesty.org/download/Documents/MDE1318292020ENGLISH.PDF
40
EN-HRANA https://www.en-hrana.org/a-report-on-fatemeh-mary-mohammadi
41
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
42
UN Human Rights Committee (HRC), CCPR General Comment No. 22: Article 18 (Freedom of Thought, Conscience or
Religion), 30 July 1993, CCPR/C/21/Rev.1/Add.4, available at: https://www.refworld.org/docid/453883fb22.html
43
UN Human Rights Committee (HRC), CCPR General Comment No. 22: Article 18 (Freedom of Thought, Conscience or
Religion), 30 July 1993, CCPR/C/21/Rev.1/Add.4, available at: https://www.refworld.org/docid/453883fb22.html
6