CCPR/C/IRN/CO/3
Office for Supervision and Evaluation of Judges, as well as senior clerics and high-ranking
Government officials ahead of trials. The Committee is also concerned that judges have
used Shari’a law and fatwas to reach a verdict that was in contravention of the rights and
principles as laid down in the Covenant (art. 14).
The State party should take immediate steps to ensure and protect the full
independence and impartiality of the judiciary, and guarantee that it is free to operate
without pressure and interference from the executive power and clergy. The State
party should also ensure that judges, in interpreting legislation and in relying on
religious principles, do not reach verdicts that are in contravention of the rights and
principles as laid down in the Covenant.
23.
The Committee is concerned about discrimination against members of the Christian
minority, including arrests based on charges of proselytizing and a ban on conducting
Christian services in Farsi. The Committee also notes with concern that individuals who
have converted from Islam have been arrested, and that article 225 of the draft Penal Code
is aimed at making the death penalty mandatory for convicted male apostates (art. 18).
The State party should take steps to ensure full respect for the right to freedom
of religion or belief, including ensuring that legislation and practices fully conform to
article 18 of the Covenant. This also entails that the right of everyone to change his or
her religion, if he or she so chooses, is unconditionally and fully guaranteed. The
Committee also urges the State party to revoke article 225 of the draft Penal Code.
The Committee recalls its general comment No. 22 (1993) on the right to freedom of
thought, conscience and religion.
24.
The Committee is concerned that members of the Baha’i community continue to be
denied their right to freedom to have or adopt a religion or belief. It is also concerned that
members of the Baha’i community continue to be subjected to a range of violations of their
rights, including arbitrary detention, false imprisonment, confiscation and destruction of
property, denial of employment and Government benefits and denial of access to higher
education (arts. 18, 19, 20 and 27).
The State party should ensure full respect for the freedom of everyone,
including members of the Baha’i community, to have or to adopt a religion or belief of
his or her choice, and the freedom, either individually or in community with others
and in public or private, to manifest this religion or belief in worship, observance,
practice and teaching. The State party should take immediate steps to ensure that
members of the Baha’i community are protected against discrimination in every field,
that violations of their rights are immediately investigated, that those found
responsible are prosecuted and that they are provided with effective remedies.
25.
The Committee is concerned that Sunni Muslims continue to face discrimination in
law and in practice, and are prevented from fully exercising their right to freedom to
manifest their religion (arts. 18 and 19).
The State party should guarantee the freedom to manifest a religion or belief
and that it can be exercised either individually or in community with others and in
public or private. The Committee reminds the State party that this right also entails
the building of places of worship.
26.
The Committee is concerned that the right to freedom of assembly and association is
severely limited, and notes that the holding of public gatherings and marches as well as the
establishment of associations are conditional upon compliance with “principles of Islam”,
which are not defined under national legislation. The Committee is also concerned about
continuing reports of harassment or intimidation, prohibition and forceful breaking up of
demonstrations, and arrests and arbitrary detentions of human rights defenders. It notes
6