This page summarizes cases raised with Iran by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Iran.
Communications and observations are divided into sections based upon which observation report they originally appeared.
Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available).
Summaries and communications are published only in the language of submission (in the case of Iran, English).
Observations
The Special Rapporteur thanks the Government of the Islamic Republic of Iran for its responses to the communication dated 19 October 2011. He however regrets that at the time of the finalization of the present report, the Government had not transmitted replies to the two other communications. He urges the authorities to provide as soon as possible detailed responses to all the concerns raised in these communications due to the grave nature of the allegations received.
The Special Rapporteur is very concerned about the physical and psychological integrity of people exercising their rights to freedom of peaceful assembly and of association in the Islamic Republic of Iran, including the arrest of prominent men and women human rights defenders. He is very concerned about the information transmitted by the Government in relation to the joint urgent action he sent on 19 October 2010 and further urges the authorities to ensure that no one is criminalised for the peaceful exercise of the rights to freedom of peaceful assembly and of association. He recommends the Government to put in place an enabling and safe environment that is conducive to the free expression of civil society allowing individuals to exercise their legitimate freedom of association without undue hindrances. A thorough and independent investigation into any allegations of any alleged human rights violations, including acts of intimidations or harassments, committed against those exercising their rights to freedom of peaceful assembly and of association, should be conducted; those responsible should be held accountable; and victims should be provided with full redress.
The Special Rapporteur refers again to Human Rights Council resolution 15/21, and in particular operative paragraph 1 that “[c]alls upon States to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
Observations
The Special Rapporteur thanks the Government of the Islamic Republic of Iran for its responses to his communication dated 29 June 2012. He however regrets that at the time of the finalization of the present report, the Government had not transmitted replies to his other communications. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide as soon as possible detailed responses to all the concerns raised in these communications due to the grave nature of the allegations received.
The Special Rapporteur remains concerned about the physical and psychological integrity of people exercising their rights to freedom of peaceful assembly and of association in the Islamic Republic of Iran, including the arrest of prominent women human rights defenders. He recommends again that the Government put in place an enabling and safe environment that is conducive to the free expression of civil society allowing individuals to exercise their legitimate freedom of association without undue hindrances. A thorough and independent investigation into any allegations of any human rights violations, including acts of intimidations or harassments, committed against those exercising their rights to freedom of peaceful assembly and of association, should be conducted; those responsible should be held accountable; and victims should be provided with full redress.
The Special Rapporteur remains particularly preoccupied about the situation of representatives of the Ahwazi Arab minority, as expressed in a press statement dated 25 January 2013 in which he urged, jointly with four other Special Procedures mandate holders, to “halt the execution of five Ahwazi activists.”
The Special Rapporteur remains similarly preoccupied about the situation of Ms. Mansoureh Behkish, and Messrs Abdolfattah Soltani and Mohammad Ali Dadkhah, and urges the authorities to release them and/or end the harassment against them.
The Special Rapporteur is further seriously concerned about the detention of key opposition leaders ahead of presidential elections, as expressed in a press statement dated 11 February 2013, and calls again for their immediate release.
The Special Rapporteur refers to Human Rights Council resolution 21/16, and in particular operative paragraph 1 that “[r]eminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
Observations
The Special Rapporteur thanks the Government of the Islamic Republic of Iran for its reply to his communications dated 5 July 2013, but regrets that the Government of Indonesia has not responded to his other communications. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide detailed answers to all the concerns raised in his communications. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide detailed answers to all the concerns raised in his communications.
The Special Rapporteur remains seriously concerned about the physical and psychological integrity of people exercising their rights to freedom of peaceful assembly and of association in the Islamic Republic of Iran. He recommends again that the Government put in place an enabling and safe environment that is conducive to the free expression of civil society allowing individuals to exercise their legitimate right to freedom of association without undue hindrances. A thorough and independent investigation into any allegations of human rights violations, including acts of intimidations or harassments, committed against those exercising their rights to freedom of peaceful assembly and of association, should be conducted; those responsible should be held accountable; and victims should be provided with full redress.
On 29 May 2013, the Special Rapporteur, jointly with other special procedures mandate holders, issued a press release in which he “warned that unreasonable limitations placed on the right of Iranian citizens to stand for Presidential office, discrimination against women candidates for elections and ongoing restrictions on freedoms of expression, association and peaceful assembly, constitute a serious violations of rights guaranteed by international law”.[1]
The Special Rapporteur welcomes the positive steps taken by the Government of the Islamic Republic of Iran in releasing prisoners of conscience, including the release of human rights lawyer, Ms. Nasrin Sotoudeh on 18 September 2013. However, he remains concerned that a number of human rights defenders, including lawyers, are currently serving lengthy sentences due to their legitimate work. He urges the Government to take immediate steps to ensure that civil society actors are able to carry out their work in a safe and enabling environment without fear of arrest, detention, harassment and prosecution.
In relation to elections, the Special Rapporteur “stresses that electoral periods are such an important time to build democratic, responsive and accountable institutions and that very strict and clear safeguards should be put in place by States to prevent undue interference in public freedoms, in particular in the rights to freedom of peaceful assembly and of association. Further, in times of elections, States should make greater efforts to facilitate and protect the exercise of these core rights, which should be enjoyed by everyone, especially by members of groups at risk. In effect, genuine elections cannot be achieved if the rights to freedom of peaceful assembly and of association are curtailed” (A/HRC/68/299, para. 56).
The Special Rapporteur refers to Human Rights Council resolution 24/5, and in particular operative paragraph 1 that “[r]eminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
[1] “Iran: UN experts concerned at barring of women presidential candidates and freedom restrictions” (29/05/2013): http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13373&LangID=E
Observations
Responses to communications
The Special Rapporteur thanks the Government of the Islamic Republic of Iran for its two responses to the communications sent during the present reporting period. However, he regrets to not have received replies to the communications sent on 11 June 2014 (IRN 9/2014), 21 July 2014 (IRN 14/2014), 17 October 2014 (IRN 24/2014), 21 October 2014 (IRN 25/2014) and 27 January 2015 (IRN 2/2015). He urges the Government to provide detailed responses to the questions raised in his letters, given the severity of the allegations contained therein. He reminds the authorities that he considers responses to his communications as an important part of the cooperation of Governments with his mandate, in accordance with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010).
Reported reprisals
The Special Rapporteur is seriously concerned about allegations of acts of reprisals in the form of intimidation against associations’ members because of their cooperation with the United Nations Special Rapporteur on the situation of human rights in the Islamic Republic of Iran (IRN 25/2014 and IRN 9/2014) and the Human Rights Council (IRN 12/2014). He duly takes note of the Government’s response and the results of investigations that indicate that in the view of the Iranian judicial officers such reprisals did not take place. However, the severity of the allegations and reliability of the sources require the Special Rapporteur to insist on requesting the Government to clarify and determine whether a crime occurred and to keep him informed about the status of investigations, prosecution and protection plans put in place.
Environment in which these rights are exercised
The Special Rapporteur remains gravely disturbed by allegations that indicate an escalating trend of arrests and sentencing of individuals exercising their rights to freedom of peaceful assembly and association. Moreover, he expresses concern at the reported instances of torture and ill-treatment and lack of access to or inadequate health care of civil society activists while in detention facilities. He recalls the decisive role played by associations to foster development and to meet populations’ needs and aspirations and the importance of ensuring a free and unhampered enjoyment of the right to assembly and protest to build peaceful and democratic societies. To this end, he urges the authorities of the Islamic Republic of Iran to respect, protect and fulfil the rights to free association and peaceful assembly.
Security considerations
While he acknowledges the response of the Government dated 27 April 2015 indicating that the secretary general of an opposition party was convicted to eight years imprisonment for, inter alia, “acting against national security through assembling”, he warns against the practice of resorting to security considerations to adopt stricter measures that annul fundamental rights and freedoms. He also cautions the authorities against vague legal provisions governing the rights to freedom of peaceful assembly and association that increase the risk of abuses and violations to these rights and infuse fear of breaking the law among society, which in turn can lead to self-censorship.
The Special Rapporteur reminds the State of its obligation to ensure a conducive environment to the free exercise of the rights of peaceful assembly and association; both rights enshrined in the International Covenant on Civil and Political Rights, acceded by the State on 24 June 1975. It also reiterates that, according to this same Covenant, only a very limited number of restrictions to these rights may apply, which should be prescribed by law and necessary in a democratic society.
Political parties
In relation to the reported prohibition of the opposition political party Iran Democratic Front, he reminds the State that any decision rejecting the application of an association requires clear motivation and communication in writing to the applicant, who should have the opportunity to challenge the decision in court. Moreover, he reiterates that the right to form and to join an association also protects political parties, whether registered or not (A/HRC/20/27, paragraph 61). In this context, the Special Rapporteur stresses that the rights to freedom of peaceful assembly and of association are a critical means for individuals and groups of individuals to participate in public affairs. The exercise of such rights provides avenues through which people can aggregate and voice their concerns and interests and endeavour to fashion governance that responds to their issues. (A/68/299, paragraph 6). The Special Rapporteur urges the Islamic Republic of Iran to recognize that the rights to freedom of peaceful assembly and association play a central role in a democracy and to ensure that no one is criminalized, threatened or intimidated for exercising these rights.
Observations
Responses to communications
The Special Rapporteur thanks the Government of Iran for its responses to his communications of 12 May 2015 (IRN 4/2015), 19 May 2015 (IRN 5/2015) and 29 October 2015 (IRN 20/2015). He regrets, however, that he has not yet received a response to his other communications sent during the reporting period. He reminds the Government that he considers responses to his communications as an important part of the cooperation of governments with his mandate. He looks forward to receiving detailed responses to the questions raised in this letter, at the earliest possible convenience, in conformity with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010).
The Special Rapporteur remains deeply disturbed by allegations that indicate an on-going trend of criminalization of human rights defenders and political activists exercising their rights to freedom of peaceful assembly and association, as illustrated by the aforementioned cases. Moreover, he reiterates grave concern at the reported instances of unfair trials as well as torture and ill-treatment and lack of access to or inadequate health care of activists, leading to the death of one political prisoner, while in detention facilities.
The Special Rapporteur urges the authorities of Iran to protect and promote the rights to free association and peaceful assembly. In this regard, he reminds the Government of Iran of its positive obligation to ensure that civil society, including human rights defenders and political activists, can carry out their legitimate work free in a safe and enabling environment without fear of threats or acts of intimidation, harassment or assassination of any sort.
He also wishes to refer to the joint report on the proper management of assemblies he prepared with the Special Rapporteur on extrajudicial, summary or arbitrary executions (A/HRC/31/66), which is particularly relevant to the present situation in the country.
Observations
Responses to communications
The Special Rapporteur thanks the Government of the Islamic Republic of Iran for its response to four of his communications out of nine sent during the reporting period. He regrets that he has not yet received a response to the remaining five communications, and reminds the Government that he considers responses to his communications as an important part of the cooperation of governments with his mandate.
The Special Rapporteur acknowledges receipt of the substantive response from the Government to the communications regarding the alleged arbitrary detention and charges issued against human rights defender and journalist, Ms. Narges Mohammadi and the alleged arbitrary arrests and detentions as well as denial of adaquate medical services to Mr. Abdolfattah Soltani, Mr. Arash Sadeghi, and Ms. Narges Mohammadi. The Special Rapporteur appreciates the information received by the Government that the prison charges the human rights defenders are facing have been reduced through implementation of article 134 of the Islamic Penal Code and selective pardons. The Special Rapporteur acknowledges that the Government refutes the allegations, nevertheless, he remains seriously concerned that the charges seem to be directly related to their legitimate work as human rights defenders and lawyers, as well as the legitimate exercise of their rights to freedom of opinion and expression and freedom of association. As such, he urges the Government to take all necessary action to release the imprisoned defenders.
The Special Rapporteur welcomes the new information received from the Government regarding the new trial and subsequent acquittal of Mr. Seyed Hossein Rownaghi Maleki, who was allegedly arrested and imprisoned solely in relation to writings of a political nature on the Internet and membership in an Internet advocacy group. However, he regrets that no information has been provided about Mr. Mohammad Hossein Rafiee Fanood, who was arrested and detained in connection to his membership of the political group Melli Mazhabi, as well as his writings of a political nature on the Internet, as well as the arrests and detention of Mr. Baquer Namazi and Mr. Kamal Foroughi, and he continues to express grave concern about the possibility that such arrests and detention may have a “chilling effect” on civil society, particularly those with dissenting opinions, exercising their rights to freedom of association and freedom of expression.
The Special Rapporteur reiterates his grave concern about the allegedly arbitrary arrest, detention and sentencing of Mr. Ismail Abdi, in apparent retaliation for his work as a trade unionist and the exercise of his rights to freedom of association and freedom of opinion and expression, and at the allegation that the Government is conflating trade union activities and the legitimate exercise of rights to freedom of association, of peaceful assembly, and of expression, with activities against national security.
The Special Rapporteur is also concerned by the practice of adding new charges against human rights defenders while in prison, or detaining human rights defenders following their completion of mandated prison sentences. The Special Rapporteur reiterates his concerns in this regard that the ongoing imprisonment of Mr. Mohammad Sadiq Kaboudvand seems to be directly related to his work as a human rights activist.
The Special Rapporteur acknowledges the further information received from the Government regarding the arrest and detention of Lebanese citizen Mr. Nizar Ahmed Zakka. Nevertheless, he reiterates his serious concern that the arrest and detention of Mr. Zakka may have been related to his participation in in a conference on entrepreneurship and employment at the Second International Conference and Exhibition on Women in Sustainable Development, in the exercise of his right to freedom of peaceful assembly.
The Special Rapporteur remains concerned by the continued harassment and charges pressed against woman human rights defender Ms. Raheleh Rahemipor, allegedly in retaliation for her cooperation with Special Procedures of the Human Rights Council, as well as in connection with her participation in peaceful assemblies. The Special Rapporteur urges the Iranian Government to immediately drop all charges against Ms. Rahemipour and to halt any acts of retaliation against relatives, witnesses and human rights defenders who report cases of enforced disappearances, pursuant to article 13 (3) and (5) of the Declaration on the Protection of all Persons from Enforced Disappearance adopted by General Assembly resolution 47/133.
Overall, the Special Rapporteur urges the authorities of the Islamic Republic of Iran to protect and promote the rights to free association and peaceful assembly. In this regard, he reminds the Government of its positive obligation to ensure that civil society, including human rights defenders and political activists, can carry out their legitimate work free in a safe and enabling environment without fear of threats or acts of intimidation, harassment or assassination of any sort..
For the full reports, containing communications, replies and observations for all countries, see the following links:
Report A/HRC/20/27/Add.3: May 1, 2011 to March 15, 2012
Report A/HRC/23/39/Add.2: March 16, 2012 to February 28, 2013
Report A/HRC/26/29/Add.1: March 1, 2013 to February 28, 2014
Report A/HRC/29/25/Add.3: March 1, 2014 to February 28, 2015
Report A/HRC/32/36/Add.3: March 1, 2015 to February 28, 2016
Report A/HRC/35/28/Add.4: March 1, 2016 to February 28, 2017
