A/HRC/22/56 distinction of any kind, including race, gender, religion, and political or other opinion. 6 The Special Rapporteur is concerned that significant and unreasonable limitations placed on the right of Iranian citizens to stand for presidential office undermine their right to “participate in the conduct of public affairs through freely chosen representatives” who “are accountable through the electoral process for their exercise of that power”. 7 12. The Government of the Islamic Republic of Iran reported that, under its Constitution, candidates for the office of President must be “political religious men” and faithful believers in the “foundation of the Islamic Republic of Iran and official religion of the country”.8 Women are therefore excluded from the Presidency; indeed, no female candidate has been approved by the Guardian Council in the 34 years of the Islamic Republic of Iran. The Constitution also deprives citizens who hold political opinions contrary to those of the Islamic Republic of Iran and to the country’s official religion of the right to stand for President. The Human Rights Committee clearly stated that “political opinion may not be used as a ground to deprive any person of the right to stand for election”.9 13. On 11 February 2013, the Special Rapporteur joined the Chairperson-Rapporteur of the Working Group on Arbitrary Detention and the Special Rapporteur on freedom of assembly and association in a statement urging the Government of the Islamic Republic of Iran to immediately and unconditionally release the 2009 presidential candidates Mehdi Karroubi and Mir Hossein Mousavi, his wife Zahra Rahnavard, and hundreds of other prisoners of conscience who remain in prison for exercising peacefully their rights to freedom of opinion and expression or freedom of association and assembly during protests following the presidential election in 2009. The special procedures mandate holders underscored the fact that the two opposition leaders had not been charged with a crime since their arrest, and that, in an opinion adopted by the Working Group on Arbitrary Detention in August 2012, the Working Group had confirmed that Mr. Mousavi and Mr. Karroubi were subject to arbitrary detention by the Government, contrary to article 9 of the International Covenant on Civil and Political Rights.10 In the case of Mr. Mousavi and Mr. Karroubi, it was reported that the Iranian Chief Prosecutor had suggested that the opposition leaders repent and make full restitution for transgressions against the Government and State if they were to participate in the presidential election to be held in 2013.11 14. The Special Rapporteur is further concerned at the fact that the Government has not established an independent electoral authority, in compliance with general comment No. 25, “to supervise the electoral process and to ensure that it is conducted fairly, impartially and in accordance with established laws which are compatible with the Covenant”. 12 He also has concerns with regard to the availability of information and materials on voting in minority languages in the Islamic Republic of Iran.13 Lastly, the Special Rapporteur recalls, more broadly, that freedom of expression, assembly and association “are essential conditions for the effective exercise of the right to vote, and must be fully protected”.14 Reports of statements by Iranian officials issuing warnings against those citizens who call for a free election”” and suggesting that these calls are conspiratorial and inimical to the Iranian State 6 7 8 9 10 11 12 13 14 International Covenant on Civil and Political Rights, arts. 2 (1) and 25; ibid., paras. 4, 6 and 17. CCPR/C/21/Rev.1/Add.7, para. 7. CCPR/C/IRN/3, para. 885. Constitution, art. 115; ibid., para. 15. CCPR/C/21/Rev.1/Add.7, para. 17. A/HRC/WGAD/2012/30. See www.bbc.co.uk/persian/iran/2013/01/130117_ka_ejei_mosavi_karobi.shtml. CCPR/C/21/Rev.1/Add.7, para. 20. Ibid., para. 7. Ibid., para 12. 5