VI. Legal Standards

Freedom of Expression in International Human Rights Law

Freedom of expression is a basic human right, set out in Article 19 of the International Covenant on Civil and Political Rights (ICCPR). Iran was one of the first countries in the world to ratify the ICCPR, in 1975 (it entered into force in 1976).[91]

Article 19 guarantees all individuals the "freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media."[92] The UN Human Rights Committee, which monitors state compliance with the ICCPR, has stated that "the legitimate objective of safeguarding and indeed strengthening national unity under difficult political circumstances cannot be achieved by attempting to muzzle advocacy of multi-party democracy, democratic tenets and human rights."[93]

Freedom of Expression in Iranian Law

Iranian laws ostensibly protect freedom of expression and thought, albeit with broad exceptions. Article 23 of the constitution states that "the investigation of individuals' beliefs is forbidden, and no one may be molested or taken to task simply for holding a certain belief." [94] Article 24 ensures the freedom of the press, with the broad exception of cases the authorities consider "detrimental to the fundamental principles of Islam or the rights of the public."[95]

Article 15 of Iran's Constitution designates Persian as the "official and shared language of Iran" but allows for the "use of local and ethnic languages in groups' press and media and teaching of their literature in schools alongside Persian."[96] Article 19 of the Constitution states that "the people of Iran, no matter what ethnicity or tribe, have equal rights, and attributes such as color or race or language will not be a reason for privilege."[97] Despite these provisions, the cases covered in this report show that the editors and writers of Kurdish publications face violations of rights guaranteed by Iran's constitution and Press Law.

Article 9 of the constitution contains two seemingly contradictory provisions. On the one hand, it endorses prima facie violations of international human rights law and allows no option for balancing individual rights of freedom of expression or association with legitimate security considerations when it states, "No individual, group, or authority, has the right to infringe in the slightest way upon the political, cultural, economic, and military independence or the territorial integrity of Iran under the pretext of exercising freedom." The article goes on to state that "no authority has the right to abrogate legitimate freedoms, not even by enacting laws and regulations for that purpose, under the pretext of preserving the independence and territorial integrity of the country."[98] The authorities often rely on the first part of Article 9 to justify restricting freedom of speech in the Kurdish regions, while disregarding the same article's prohibition on undue restrictions.

Iran's Press Law and security laws arbitrarily limit speech protected under international human rights law. Article 6 of the Press Law, ratified in 1986, echoes the constitution's ban on publications that "violate Islamic principles and codes and public rights."[99]  In 2000, the Majles (parliament) amended Article 6 to include "private rights," thereby expanding the scope of material the government may suppress. (Private rights govern individuals' business and family relationships.) In 2000, the parliament passed legislation that made all electronic publications subject to Iran's Press Law, thus allowing the government to expand its restrictions to include online content.[100]

The scope of Article 6 gives authorities broad legal cover to suppress freedom of expression. Section 1 prohibits publication of material that is "atheistic or contrary to Islamic codes, or promote subjects which might damage the foundation of the Islamic Republic."[101] Section 4 outlaws material that "creates discord between and among social walks of life, especially by raising racial issues."[102] Section 9 outlaws "quoting articles from the deviant press, parties, and groups which oppose Islam (inside and outside the country) in such a manner as to propagate such ideas."[103] Section 12 prohibits publishing anything critical of the constitution.

Article 2 of the Press Law "endeavor[s] to prevent ... pitting different groups of the community against each other by dividing people by race, language, customs, local traditions, and..."[104] Publications in local languages such as Kurdish or Azeri should be permissible, provided that the publication does not aim to "divide people based on their language" and the publisher obtains permission to publish from the Ministry of Culture and Islamic Guidance. Authorities increasingly, particularly since the beginning of the Ahmadinejad administration, present violations of Article 2 as national security issues, including "endangering national security" or "disrupting public order" in the charges it brings against journalists in Kurdish areas.[105]

Authorities may try press related offenses in general courts (the general courts include, among others, all penal and civil courts), Revolutionary Courts, clerical courts, or military courts.[106] According to Article 34 of the Press Law, all press-related offenses must be tried in "public courts in the presence of a jury."[107] Article 118 of the Code of Criminal Procedures also affirms that trials must be held in public with the exception of cases that pertain to "chastity," "family issues or private disputes per the request of both sides," or cases where a "public prosecution would disrupt security or religious feelings."[108] The government prosecuted most press-related cases in Kurdish areas in closed sessions, often in Revolutionary Courts, without the presence of a jury.[109]

To restrict publishing activities in Kurdish areas through prosecutions and convictions in the Revolutionary Courts, the government relies especially on Article 9 of the Press Law, which bars from any publishing activities members and supporters of anti-revolutionary or illegal groups or those convicted in the Revolutionary Courts on charges of anti-revolutionary activities or acting against national or international security and also those who act or spread propaganda against the system of the Islamic Republic of Iran.[110]

Freedom of Association in International Human Rights Law

The right to freedom of association is also well established in international law. The right to freedom of association may be restricted, but only on certain prescribed grounds and only when particular circumstances apply. According to Article 22 of the ICCPR:

(1) Everyone shall have the right to freedom of association with others, including to form and join trade unions for the protection of his interest;

(2) No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.[111]

The restrictions specified in Article 22(2) should be interpreted narrowly. For example, terms such as "national security" and "public safety" refer to situations involving an immediate and violent threat to the nation. "Necessary" restrictions must be proportionate: that is, carefully balanced against the specific reason for the restriction being put in place. [112]

Freedom of Association in Iranian Law

Iran's constitution allows for the freedom of association, albeit with broadly stated exceptions. Article 26 states that freedom of association is granted except for those who "violate the principles of independence, freedom, national unity, the criteria of Islam, or the basis of the Islamic Republic."[113]

Here, too, Iranian authorities primarily rely on the set of "security laws" in Iran's Islamic Penal Code to stifle freedom of association.[114] Article 498 outlaws the establishment of a group for the purpose of "disrupt[ing] national security."[115] Article 499 sets prison terms of three to five months for anyone who participates in such groups, unless the person can prove that he or she had no knowledge of its goals.[116] Article 500 sets prison terms of three months to one year for anyone who "in any way undertakes propaganda against the state of the Islamic Republic of Iran or undertakes propaganda for the benefit of group or institutions against the state." [117]

Iran's Security Laws arbitrarily limit freedom of association protected by Article 22 of the International Covenant on Civil and Political Rights. Article 22 states that "everyone shall have the right to freedom of association with others."[118]

Human Rights Watch has previously documented how the authorities construe these broadly-worded security laws to suppress the activities of a broad range of civil society activists in Tehran.[119] The government uses essentially the same mechanisms to suppress activities by critics in the country's Kurdish areas and persecute those activists who promote or engage in those activities.

Minority Rights in International Human Rights Law

Article 27 of the ICCPR states that "In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practice their own religion, or to use their own language." The 1992 UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, adopted by the UN General Assembly, states, in Article 2(4): "Persons belonging to minorities have the right to establish and maintain their own associations."[120] This means that a state not only cannot prevent a minority from using its language; it is under a positive duty to ensure that a minority can set up associations and be able to publish in their language and practice their religion without discrimination.[121]

Minority Rights in Iranian Law

The Iranian constitution includes provisions to protect the rights of linguistic, ethnic, and religious minorities. Article 12 establishes Islam, specifically the Twelver School of Shi'ism as the official religion of the country, but grants other Islamic schools "full respect, and their followers are free to act in accordance with their own jurisprudence in performing their religious rites."[122]  Article 13 grants religious freedom only to specifically "recognized religious minorities," stating that "Zoroastrian, Jewish, and Christian Iranians are the only recognized religious minorities, who, within the limits of the law, are free to perform their religious rites and ceremonies, and to act according to their own canon in matters of personal affairs and religious education."[123]

Article 15 states that Persian is the official language of the country but stipulates that "the use of regional and tribal languages in the press and mass media, as well as for teaching of their literature in schools, is allowed in addition to Persian."[124]

Article 19 states that "all people of Iran, whatever the ethnic group or tribe to which they belong, enjoy equal rights; color, race, language, and the like, do not bestow any privilege." [125] Article 20 confirms equal protection under the law by stating that "all citizens of the country, both men and women, equally enjoy the protection of the law and enjoy all human, political, economic, social, and cultural rights, in conformity with Islamic criteria." [126]