A/HRC/19/66
country, the Government‟s insufficient enforcement of its current obligations is of
immediate concern.
III. Legal issues
13.
Every country places certain limits on freedom of expression, association and
assembly, but it is essential that these restrictions be not misused by authorities to close the
space for criticism, or advocacy of policies and actions that have an impact on the public
interest. Allegations of human rights violations reported to the Special Rapporteur
demonstrate that a number of vaguely defined security provisions within the Islamic Penal
Code are applied in ways that contravene international human rights law and unduly limit
freedom of expression, association and assembly. For example, articles 513 and 514 of the
Code criminalize “insults” to any of the “Islamic sanctities” or holy figures in Islam or to
the first leader of the Islamic Republic of Iran. Article 498 criminalizes the establishment of
any group that aims to “disrupt national security”, while article 500 forbids “propaganda
against the order of the Islamic Republic of Iran or propaganda on behalf of groups or
institutions against the order of the Islamic Republic of Iran”. Article 618 criminalizes
“disrupting the order, comfort and calm of the general public or preventing people from
work”. Article 610 prohibits “gathering or colluding against the domestic or international
security of the nation or committing such acts”.
14.
The Special Rapporteur maintains that the vague nature of these provisions
contravenes international human rights instruments to which the Islamic Republic Iran is a
State party, and allow for arbitrary application and the abuse of power; for example, the
laws that prohibit “insults” do not specify the behaviour or expressions that constitute an
insult; consequently, individuals and organizations that criticize policies have been arrested
and prosecuted for activities that are protected by international law. Articles 498, 500 and
618-19 impinge upon the right to freedom of association, the right of those associations to
publicize views that scrutinize the regime, and the right to assemble, or to support such
assemblies. More than four dozen individuals interviewed by the Special Rapporteur
asserted that these laws were used to violate their human rights or the rights of other
dissenters, and that they have been intimidated, arbitrarily arrested, detained and/or
prosecuted for protected activities.
A.
Concerns regarding legislation
15.
A new bill, entitled the “Parties and Associations Law Reform Plan”, defines
membership requirements for all political organizations, stating that “followers and
associates of antagonistic groups that act or have previously acted against the Islamic
Republic” are prohibited from membership of political parties. Those deemed ineligible
would be denied operation licenses and therefore prohibited from forming a political party
or association. In the Special Rapporteur‟s view, such a bill unduly restricts freedom of
association and would marginalize a large segment of civil society.
16.
Another bill, on the establishment and supervision of non-governmental
organizations, would create a supreme committee to supervise the establishment and work
of such organizations. The committee would be managed by the Ministry of the Interior and
members would include, inter alia, representatives from the Ministry of Intelligence and
security forces, such as the paramilitary Basij. The committee would be mandated to
distribute registration permits to non-governmental organizations, exercise significant
power over their boards of directors, and disband organizations. According to the bill, the
committee‟s approval would also be required for activities by organizations, including
participation in seminars and conferences and educational sessions abroad, and
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