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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