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. As apostasy is considered as a
hadd offence (a crime for which a fixed punishment is derived from the Qur’an or the Hadith 18),
a judge may still invoke Articles 220 of the Penal Code and Article 167 of the Constitution to
convict and sentence individuals accused of apostasy on this basis. Commonly, however, the
Iranian judiciary resorts to national security or efsad-e fel-arz (corruption on earth) charges
instead of apostasy, which can carry the death penalty.
Christians converts are among those targeted by these laws. Because Christian converts are
considered as apostates by Iranian authorities,19 they are barred from accessing officially
recognized Christian churches, and the Iranian government has forced churches holding services
for Farsi-speaking Christians to close. 20 As a result, Christian converts gather in informal
meetings, commonly called “house churches”. 21 State authorities regularly conduct raids and
arrest and sentence organizers of house churches to prison.22 Attendees are arrested and
imprisoned on charges of “acting against national security by organizing and conducting housechurches”, “propaganda against the state and insulting the sacred Iranian establishment” 23,
“propagation of Zionist evangelical Christianity” or “administering and managing the home
churches”.24 Christian converts are reportedly arrested, prosecuted and imprisoned on national
security charges, in connection with a range of peaceful activities, including simply participating
in religious or cultural activities, resulting in long prison and flogging sentences.25 The end of
2018 and 2019 saw an unprecedented number of raids on private house gatherings related to
18
Amnesty International <https://www.amnesty.org/download/Documents/MDE1327082016ENGLISH.PDF>
Report of the Special Rapporteur on the situation of human rights in Iran, 18 July 2019, https://documents-ddsny.un.org/doc/UNDOC/GEN/N19/222/62/PDF/N1922262.pdf?OpenElement
20 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/F3430b2020-JointReport_Iran_HRCttee_ListOfIssues-dragged-1.pdf
21 Report of the Special Rapporteur on the situation of human rights in Iran, 18 July 2019, https://documents-ddsny.un.org/doc/UNDOC/GEN/N19/222/62/PDF/N1922262.pdf?OpenElement
22 Joint submission to the Human Rights Committee from All Human Rights for All in Iran, Association for Human Rights in
Kurdistan – Geneva, Association for the Human Rights of the Azerbaijani People in Iran, Iran Human Rights Documentation
Center, OutRight International, Siamak Pourzand Foundation, Small Media, Impact Iran, 2020,
<https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_NGO_IRN_42317_E.pdf>
23 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/F3430b2020-JointReport_Iran_HRCttee_ListOfIssues-dragged-1.pdf
24 Report of the Special Rapporteur on the situation of human rights in Iran, 18 July 2019, https://documents-ddsny.un.org/doc/UNDOC/GEN/N19/222/62/PDF/N1922262.pdf?OpenElement
25
Joint submission to the Human Rights Committee from All Human Rights for All in Iran, Association for Human Rights in
Kurdistan – Geneva, Association for the Human Rights of the Azerbaijani People in Iran, Iran Human Rights Documentation
Center, OutRight International, Siamak Pourzand Foundation, Small Media, Impact Iran, 2020,
<https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_NGO_IRN_42317_E.pdf>
19
4