A/HRC/44/49/Add.2 been misperceived as protecting religions or belief systems in themselves, 60 when it in fact protects individuals holding or expressing those beliefs. Article 20 (2) provides for restrictions with respect to hateful advocacy that amounts to incitement to hostility, discrimination or violence; it does not permit restrictions merely on the basis of “incompatibility” with a particular faith’s values, nor does it (or article 19) permit restrictions that amount to blasphemy as such.61 The Human Rights Committee has clearly stated that “prohibitions of displays of lack of respect for a religion or other belief system, including blasphemy laws, are incompatible with [article 19 of] the Covenant.”62 Blasphemy laws have a stifling impact on the enjoyment of freedom of religion or belief and impede dialogue and debate about religion.63 29. Many states have blasphemy laws or statutes that specifically provide harsh punishments for any activity deemed offensive to a majority religion. For instance, Article 262 of Iran’s revised Penal Code provides that “anyone who curses the Prophet of Islam or other Prophets or accuses them of adultery is (considered) sabbo al-nabi and will be sentenced to death”.64 This law was applied in the case of a photographer who had allegedly posted insults against the Prophet via various accounts on Facebook. Iran is also reported to have sentenced members of a heavy metal band to six years in prison for “insulting the sacred” and propaganda against the state. 65 Lebanon’s Penal Code Article 474 criminalizes “publicly insulting a religion,” while Turkey’s Article 216(3) prohibits “openly disrespecting the religious beliefs of a group if the act causes potential risk for public peace.”66 Pakistan’s anti-blasphemy laws have also been used to challenge cartoons posted online67. In 2016, a man was sentenced to death by a court in Pakistan for sharing a “blasphemous” poem over WhatsApp.68 30. Criminalization: In 2015, in Iran, Atena Farghadani faced trial for charges including “spreading propaganda against the system”; “insulting members of the parliament through paintings”; “insulting the Supreme Leader”; and “gathering and colluding with antirevolutionary individuals and deviant sects” based on her art exhibitions, critical paintings, and other peaceful activities, such as meeting with families of political prisoners. She was allegedly sentenced to a 12 years and nine months prison term.69 Mohammed al-Ajami, a Qatari poet was sentenced to 15 years’ imprisonment for writing and reciting a poem in private that allegedly criticized the Crown Prince Sheikh Tamim Al Thani of Qatar, encouraged the overthrow of the existing regime and claimed that the Emir did not abide by the Qatari Constitution. The poem also praised the Tunisian revolution and denounced the corruption and oppression by Arab rulers.70 Musicians Mehdi Rajabian and Yousef Emadi, and filmmaker Hossein Rajabian, were imprisoned and heavily fined in Iran. The three artists were sentenced for ‘insulting Islamic sanctities’, ‘propaganda against the State’ and ‘conducing illegal activities in the audiovisual affaires including through producing prohibited audiovisual material and performing an illegal and underground music site.’71 60 61 62 63 64 65 66 67 68 69 70 71 Report on the relationship between the right to freedom of religion or belief and the right to freedom of opinion and expression, A/HRC/31/18, 13. Report on contemporary challenges to freedom of expression, A/71/373, 43; See Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence (A/HRC/22/17/Add.4, appendix), ¶. 19. General Comment 34, 48. Report on the right to freedom of artistic expression and creativity, A/HRC/23/34. Communication to Iran UA/IRN/29/2014, 2 December 2014. Center for Human Rights in Iran, Metal Band Member Sentenced to Six Years Prison in Iran Accused of Creating “Satanic Music, 30 March 2018”. Freemuse, The state of Artistic Freedom 2018, p. 46. Available at: https://freemuse.org/resources/item/state-artistic-freedom-2018/. Cartoonists Rights Network International, Pakistan seeks to censor domestic & international cartoonists. Amnesty International, Amnesty International Report 2017/2018, p. 284; The Guardian, Pakistan man sentenced to death for ridiculing Prophet Muhammad on WhatsApp, 15 September 2017. Communication to Iran, IRN 6/2015, 4 June 2015. Communication to Qatar, QAT 2/2015, 16 October 2015. “Artistic expression is not a crime” – UN rights experts urge the Iranian Government to free jailed artists, 24 June 2016. 11