A/HRC/28/70
interpretations of national security and propagation against the State (see
A/HRC/25/55/Add.3, para. 2015). He calls on the authorities to release all individuals
identified by the Working Group on Arbitrary Detention as being arbitrarily
detained, as well as other political prisoners and prisoners of conscience.
92.
The Special Rapporteur regrets the difficult situation of recognized and
unrecognized religious minorities, and that communities continue to report arrests
and prosecution for worship and participation in religious community affairs,
including in private homes. He urges the authorities to recognize that freedom of
religion or belief entails the freedom to choose a religion or belief, and that measures
restricting eligibility for civil, political, social or economic privileges, or imposing
special restrictions on the practices or manifestations of the beliefs of other faiths
violate the prohibition of discrimination based on religion or belief and the guarantee
of equal protection under article 26 of the International Covenant on Civil and
Political Rights.75
93.
The Government should amend laws and policies, and reconsider draft
legislation, that infringe on the right to freely associate and assemble with expressive
groups or like-minded individuals and to promote peaceful ideals and activities. Nongovernmental organizations, including unregistered associations, should be allowed to
function freely, and their members should be able to operate in a safe environment. 76
The Special Rapporteur echoes the recommendation made by the Special Rapporteur
on the rights to freedom of peaceful assembly and of association that the
establishment of associations should be facilitated by a notification procedure that is
simple, easily accessible, non-discriminatory and non-onerous or free of charge.77
Furthermore, the right to peaceful assembly should not be subject to prior
authorization by the authorities, but at the most to a prior notification procedure,
which should not be burdensome, and the Government should recognize spontaneous
assemblies as exempted from prior notification.78
94.
The Special Rapporteur looks forward to observing the impact that
amendments to the Code of Criminal Procedure will have on improving access to legal
counsel, and encourages the Government to guarantee this right for all accused,
regardless of the allegations against them. He notes that the Government should
further ensure that national laws support the independence of lawyers, in accordance
with international norms and standards, and implores the Islamic Republic of Iran to
release all lawyers that appear to have been imprisoned for protected activities in
defence of their clients, such as raising awareness about fair trial concerns. 79
95.
The Special Rapporteur welcomes the prosecution of Saeed Mortazavi for his
role in facilitating illegal detentions, but notes that such investigations and rulings
appear to be exceedingly rare, especially when compared with the high volume of
similar reports of arbitrary detention, torture and ill-treatment of detainees
emanating from the country. He calls on the authorities to prosecute and sentence
appropriately all officials found responsible for the torture and ill-treatment of
detainees, in line with Iranian and international law. He encourages the Government
75
76
77
78
79
22
See Human Rights Committee, general comment No. 22 (1993) on article 18, para. 9.
See the report of the Special Rapporteur on the rights to freedom of peaceful assembly and of
association (A/HRC/20/27), para. 96.
Ibid., para. 95.
Ibid., paras. 90–91.
Human Rights Committee, general comment No. 32 (2007) on the right to equality before courts and
tribunals and to a fair trial.
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