A/HRC/31/26
29.
Although domestic laws protect freedom of peaceful assembly, there are multiple
restrictions on its exercise, some of which are severe. Article 27 of the Constitution states
that “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”. The latter part of this
provision is vague and prone to broad interpretation and arbitrary application. Moreover,
the revised Islamic Penal Code failed to amend the overly broad provisions of national
security laws that severely punish individuals for exercising their right to freedom of
association and assembly. For example, article 498 of the Penal Code imposes a
punishment of 2 to 10 years of imprisonment for any individual who “establishes or directs
a group, society, or branch, with aims to perturb the security of the country”. Article 500 of
the Penal Code imposes a punishment of three months to one year in prison on any
individual who “engages in any type of propaganda against the Islamic Republic of Iran or
in support of opposition groups and associations”. Prosecutors and revolutionary courts
have systematically used these laws to target, harass and imprison peaceful protesters and
political dissidents. Furthermore, articles 65 and 66 of the electoral law prohibit protests
and publications aimed at encouraging boycotts or reducing voter participation. The Human
Rights Committee has repeatedly highlighted the importance of the principle of
proportionality with regard to the “necessary” restrictions on freedom of assembly and
association.26
30.
The Secretary-General remains concerned about the large number of political
prisoners, including members of political parties, who continue to serve sentences for
charges that are believed to be linked to the exercise of their freedoms of association and
peaceful assembly. The continued trend of arrests of political activists, human rights
defenders, including women human rights defenders, and media professionals will
adversely affect free, fair and participatory parliamentary elections. In particular, the house
arrest in February 2011 of the two former presidential candidates and leaders of the Green
Movement, Mir Hossein Mousavi and Mehdi Karoubi, remains of concern. Neither has
been formally charged, nor brought before a judge, to contest the legality of his detention.
The United Nations human rights mechanisms have repeatedly called for their immediate
release, noting that their detention was arbitrary and in violation of the international
obligations and national laws of the Islamic Republic of Iran. Their situation will prevent
them from contesting and participating in the elections and may also discourage their
supporters from participating. The Secretary-General calls on the Government of the
Islamic Republic of Iran to release the Green Movement leaders and all other political
prisoners and to open space for greater political participation and contest.
31.
The Secretary-General remains concerned about the ongoing ban on the activities of
the Workers’ Union and the Teachers Association, whose members continue to face judicial
harassment, arrest and prosecution for legitimately and peacefully exercising their right to
freely associate and assemble. Teachers’ unions were targeted in recent months for
protesting against inequality, poor living standards and overdue wages. 27 Some of their
leaders have been arrested and prosecuted. For instance, on 15 October 2015, Ramin
Zandnia, a well-known member of the Iranian Teachers’ Trade Association, and Parvin
Mohammadi, a human rights activist, were reportedly arrested by Revolutionary Guards in
Kurdistan province. They were reportedly subjected to ill-treatment during interrogation.
The Revolutionary Guards also interrogated their 8-year-old daughter, who was released to
her family later that night. The whereabouts of Mr. Zandnia and Ms. Mohammadi remained
26
27
See, for example, communication No. 780/1997, Laptesevich v. Belarus, Views adopted on 13 April
2000.
Authorities argued that economic sanctions had led to the closure of several industrial units, making it
difficult to pay the salaries of workers.
9
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents