MAHSA AMINI’S DEATH  IN IRAN; VIOLATION OF FREEDOM OF EXPRESSION AND ASSEMBLY IN INTERNATIONAL AND REGIONAL PERSPECTIVES

ABSTRACT

The disputed arrest and death of a 22-year-old Kurdish woman has burnt the world in controversy and has questioned the conduct of the Government of Iran in its discriminatory policies against women. With the current interpretations of ICCPR and regional laws of Iran, the conduct of the authorities has been subjected to substantial criticism from international platforms. But the reported violations and encroachment of rights not only affect the participants of protests but the global village of human rights defenders. The protestors experiencing contravention of their freedom of expression and assembly, in the light of alarming global trends of shrinking civic space and a rise in democratic backsliding demands immediate action from people all over the world. This paper studies the interpretation of freedom of expression and assembly of the International Convention and the Iranian Constitution, with their violation, in the Iran protest of 2022, and administering the adequacy of the interpretations, analysing the lacunae and paving a way for augmentation of the existing deficiency in the system.

KEYWORDS

Freedom of expression, Freedom of assembly, Human rights, Restrictions, Encroachment, Human rights defenders

INTRODUCTION

“This is not the first time that women and girls in Iran have demanded the dismantling of discriminatory laws and practices and that they have been met with intimidation, repression and violence.”^[1] Despite the urges of the United Nations experts to the Government of Iran for reducing and subsequently ending the structural gender-based discriminatory laws and customs, human rights violations have accelerated. The protests led to questions of custodial violence and death, leading to the death of a woman on the ground of improper religious attire. Unlike 2009^[2], this event was unorganised, underestimated and wrongfully attempted to disperse. Mahsa Amini and her death ignited several heaps of dried leaves in Iran, and the world was forced to watch as people, experienced contiguous violations of freedom of expression and assembly, and the Iranian authorities stood as watchers.

RESEARCH METHODOLOGY

This paper is descriptive and the research is based on secondary sources for the deep analysis of the Iranian protest of 2022 and the adequacy of the interpretation of the current laws. Secondary sources of information like newspapers, journals, and websites are used for the research.

REVIEW OF THE LITERATURE

Mahsa (Jina) Amini, a 22-year-old Kurdish woman belonging from Sanandaj, Western Iran, died^[3] in police custody due to a skull fracture from heavy blows to her head, on September 16, after her arrest on the ground of wearing an “improper” hijab, ignited protests in several parts of the country. Although the authorities have claimed that the accused died due to a medical condition that led to a state of comatose, the family has expressly denied this claim. 

The authorities now are enforcing discriminatory dress codes exclusively to women all over the country where people are being repressed brutally for their widespread protests, the demand for fundamental rights are unheard of, and the authorities are arresting and sentencing the peaceful protesters and human right activists on ambiguous charges of threat to the security of the state and simultaneously failing to investigate reports of arbitrary use of power by the state.

According to the reports of Human Rights Watch^[4], the Iranian authorities have been reportedly using lethal forces and arrest to silence the protest; shotguns, rifles and handguns especially in crowded settings. The security forces are endangering the freedom of expression and assembly. The town of Zahedan reported an open fire by the security forces on September 30, leading to several deaths and injuries. The Human Rights groups contended on November 14 their investigation of the reported deaths of 341 protesters which included 52 children. 

BACKGROUND OF THE PROTEST 2022

As of early 2022, the uprisings by labour unions were also greeted with force, which result in more than 69 activists getting arrested, being summoned for investigations, and subsequent torture and violence, according to a report of the Human Rights Activists News Agency (HRANA), wherein the authorities have not shown any inclination towards an investigation of the violation of human rights, committed under their jurisdiction. 

December 2021 witnessed a similar instance through a Twitter video, where the teachers protesting in the streets were violently dispersed by the security forces. In a similar fashion student activists have experienced increased repression against their conduct by several authorities as they were convicted or threatened to discontinue their education.^[5]

Imam Ali’s Popular Student Relief Society (IAPSRS), an NGO in Iran working for the reduction of poverty, child marriage and the death penalty for children, was shut down by a sentence of the Branch 28 Court, on May 24, on the ground “promoting falsehood by publishing statements against the Islamic Republic of Iran” and “insulted religious beliefs.”^[6]

In May, the potential hike in the price of bread resulted in street protests and a subsequent shutdown of mobile and home broadband data connections in some of the cities in Khuzestan Province.

And the disputed protest of 2022 similarly lead to disruption of internet access in large parts of the country. The Parliament of Iran subsequently, contended the ratification of the outlines of the draconian “Regulatory System for Cyberspace Services Bill,”^[7] which is considerably violating a list of human rights including the right to freedom of expression and assembly. 

THE EVENT FROM THE INTERNATIONAL PERSPECTIVE

INTERNATIONAL RESPONSE

November 11, 2022, UN experts urged the Iranian authorities to stop inflicting punishments for alleged or actual participation in the demonstrations.

“With the continuous repression of protests, many more indictments on charges carrying the death penalty and death sentences might soon be issued, and we fear that women and girls, who have been at the forefront of protests, and especially women human rights defenders, who have been arrested and jailed for demanding the end of systemic and systematic discriminatory laws, policies and practices might be particularly targeted”, experts contended.^[8]

“We urge Iranian authorities to stop using the death penalty as a tool to squash protests and reiterate our call to immediately release all protesters who have been arbitrarily deprived of their liberty for the sole reason of exercising their legitimate rights to freedom of opinion and expression, association and peaceful assembly and for their actions to promote and protect human rights and fundamental freedoms through peaceful means.”^[9]

September 16, peaceful protesters were arrested including many women children and youth, lawyers and human rights defenders, and 51 journalists; bail was granted to only 14 of them while 37 remained behind bars. Several of the arrested were also kept in incommunicado detention.

“The crackdown on peaceful demonstrations has continued unabated, and the death toll has risen to at least 304 people killed, including 24 women and 41 children. Baluchi and Kurdish minorities have continued to be disproportionately affected by the repression”, said the experts.

Islamic Revolutionary Courts have been reportedly used, since its establishment, to silence political activities and sentence journalists lawyers and human rights activists through ambiguous and unfair trials. The experts have further stated that the criminal justice system of Iran depends heavily on forced confessions derived from several forms of coercion. 

Since November 2019 the imposition of the death penalty has regained popularity in its usage against individuals participating in demonstrations as well as arbitrary murder charges and national security charges. In the year 2020, at least more than one individual was executed due to their participation in the protest.^[10]

“We reiterate our call on the Human Rights Council to urgently take the necessary actions to hold a Special Session on the situation in Iran and to establish an international investigative mechanism, to ensure accountability in Iran and to end the persistent impunity for grave human rights violations.”^[11]

THE DISPUTED RIGHTS IN LIGHT OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR)

The International Covenant on Civil and Political Rights (ICCPR) states several rights to protect the civil and political rights of an individual, which if interpreted in the context of the present event, would furnish the ground for explaining the conduct of the Iranian authorities.

Every person is entitled to their privacy; the privacy of their opinion, their family, home, or whichever affairs they wish to keep private. On account of an unwanted and unlawful intervention of a person’s right to privacy, the aggrieved has the right to take legal action and is entitled to the protection of the law, against the alleged encroachment. Because the state or any other authority is not authorized to interfere arbitrarily, with the “privacy, family, home or correspondence”, neither is anyone entitled to unlawful attacks on another person’s honour or reputation, as per Article 17^[12] of the ICCPR.

The right to privacy, on the grounds of family and home, is also extended to the freedom of thought, conscience and religion. As per Article 18^[13], the freedom of thought, conscience and religion ensures a person the right to change their religion, belief or their freedom, either in observance of faith alone or in a community of people. An individual, under this right, can adopt a religion in private or in public and can manifest the practice in observance, worship, or teaching. Although this freedom to manifest one’s religion is subjected to limitations as would be prescribed which are necessary for the protection of public health, morals, order or protection of other rights and freedom in a democratic society. 

In a democratic society, a citizen is entitled to their own opinion and has the right to hold their opinions without being interfered with, according to Article 19^[14] of the ICCPR. It further states,

“Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or print, in the form of art, or through any other media of his choice.”

Although, the exercise of these rights is subjected to the observance of certain responsibilities, and any possible restrictions provided by law against the rights or reputation of other people, or for the protection of security of the state or public order, health or morality.

An integral part of the freedom of expression is the right to form an assembly. Article 21^[15] contended that the right to form peaceful assembly is only subject to restrictions formulated by the law and which are necessary to guarantee the protection of the security of the state, public safety, health or morality, and the protection of rights and freedom of others.

The conduct of the Iranian authorities in contravention of these rights has been repeatedly and acutely criticised by international bodies.

The spokesperson of the UN High Commission for Human Rights has urged Iran’s leadership to “fully respect the rights to freedom of opinion, expression, peaceful assembly, and association”, specifying “hundreds have also been arrested, including human rights defenders, lawyers, civil society activists, and at least 18 journalists”. The Office of the High Commissioner for Human Rights has stated that over 300 people including 40 minors have been killed by the Iranian authorities since the protest began.^[16]

GLOBAL TRENDS

The study of the Iran protest of 2022 in the light of a new global trend shows the phenomenon of ‘shrinking of civic space’^[17], which means “increasing restrictions on the possibility of people to express themselves critically, to organise and to demonstrate in public”, which would illustrate how the human right defenders and activists are facing the increasing threat of the prosecutions. The respect for the right to free expression and assembly has diminished in light of the government’s justification for the application of these laws to combat alleged terrorism and unwanted interference. Amnesty International has labelled the oppressive laws as ‘designed to silence’. Since the 2000s this trend has spread like wildfire contaminating the safe civics space for the people. With less than 13% of people living in countries in which civic space is relatively open or slightly narrowed^[18], these draconian laws are eroding the true meaning of democracy because people are no longer allowed to voice their opinions or criticism on something that they don’t find to be in their benefit. The lack of criticism of the legislature and the policies of the government leads to tough dilemmas, for the development of the state.

The continuous erosion in the freedom of the press, as was observed in Iran, could both be a contributor to and a symptom of one of the current global trends of ‘democratic backsliding and rising authoritarianism’^[19]. Experts have described that a free press is critical to make a government accountable to help the citizens and to make informed political decisions and policies, which is why the presence of an independent and free media sector is crucial for a well-functioning democratic government. The trend of backsliding democracy has reiterated this view quarrel and the attempt to undermine the freedom of the press indicates democratic breakdown. The state authorities in non-democracies are inclined on repressing independent sources of information, which has potentially contributed to the increased popularity of modern authoritarian governments. 

THE EVENT FROM A REGIONAL PERSPECTIVE

WHAT DOES IRANIAN CONSTITUTION SAY?

The territory of Iran is governed by the Constitution of the Islamic Republic of Iran^[20], which states several rights protecting people’s freedom of expression and assembly. Although the state has expressly laid provisions to protect people against the exploitation and violation of their fundamental rights, the Iranian authorities have ironically manifested such conduct as has resulted in a detrimental impact on the exercise of individuals’ rights and has led to the conviction and even death on the account of exercising their rights. 

The Government of Iran ensures to every woman in the territory in all respect, that their rights in conformity with the Islamic criteria under Article 21^[21] to create a favourable environment to facilitate the growth of the personality of women, would be guaranteed and protected. But subjecting a person to exploitative torture on the ground of not following religious contentions, is in contravention of the right to equality and the right to religious freedom and the right of every person to exercise their belief faith and worship in their specifications. Since November 2022, a substantial number of school girls have been hospitalised after a sequence of mass toxic gas poisoning, with eyewitnesses reporting science of toxic gas leakage. Critics have been claiming that the poisoning attacks are retaliation actors against the women for their role in the protest against the mandatory hijab.^[22]

Article 24^[23] proceeds to state, that under the specific restrictions prescribed by law, every person has the freedom of expression and the press has the freedom of publication as long as it is not detrimental to the fundamental principles of Islamic Society or the rights of the general public of the state. As was observed time and again, Iran has repeatedly subjected the peaceful protesters to investigations, arrests convictions, unjust and unfair trials and ultimately death penalty. The right to freedom of speech and expression has been repeatedly contravened by the state on the ground that the protest has been based on wrongful allegations against the state. The individuals are repeatedly being subjected to humiliation and torture because they had level accusations and criticisms against the government. CNN interviews have charged Iran with tactics such as “forced confessions, threats to uninvolved family members and torture, including electric, controlled drowning and mock execution”^[24]. According to testimony and social media videos, Iranian authorities have reportedly lodged sexual harassment against the protesters.

The citizens were restricted from expressing their views about the Iranian authorities and how the heinous nature of custodial violence lead to the ignition of the fire of the protest and were subjected to unlawful and draconian measures of a detachment of internet connections as of September 19^[25], and that was in contravention of Article 27^[26] of the Constitution of Iran which guarantees freedom of speech and expression. According to Internet monitoring group NetBlocks, these are “the most severe Internet restrictions since the November 2019 massacre”^[27]. It also includes the right of forming associations and gathering and matches which are authorised to be held freely provided that the persons participating in the contended association are not carrying arms and their principles or objectives or mode of conduct is not in contradiction to the fundamental principles of the Islamic society. Ironically, the peaceful protesters were not subjected to the grounds laid down here and were penalised. 

CONDUCT OF THE AUTHORITY IN THE LIGHT OF THE INTERPRETATION OF RIGHTS

The protest throughout December resulted in the closure of shops. The officials of the UN, UK and other G7 a government have criticized the response of the Iranian region in the light of using force against the protesters and suppressing their voices by restricting internet usage.^[28]

In December 2022, the authorities subsequently arrested several foreign nationals for alleged involvement, including 7 UK-linked individuals. The state executed 4 people who were allegedly linked to the protest, to which the UN experts have urged the authorities to minimise the usage of the death penalty as done in 2019-2020. The experts have expressed their concerns as the minorities and children would be objected to a similar fashion of violence targeted by the authorities.^[29]

Human Rights Activists News Agency reported in January 2023, that the approximate number of people who have been detained and killed are 19,200 and 516 respectively. In February, the regime had contended that it would pardon or commute the sentences of “tens of thousands” of prisoners including some individuals who were detained during the recent protests. ^[30]

All the Iranian authorities have contended that the condemnation that they are being subjected to is hypocritical and that other countries, allegedly the United States and Israel, are spreading misinformation and supporting the protesters. 

Post conducting drone and missile strikes against Kurdish groups being accused of supporting the protest. The UK government, after facing allegations of internal interference, had summoned Iranian officials in the UK to criticize the response of the Iranian government, regarding alleged death threats against several UK journalists. The UK government has also summoned diplomats in Iran to condemn the extensive usage of the death penalty against the protesters.^[31]

CURRENT INTERPRETATION AND THEIR ADEQUACY

Interpretations of the current stature and its adequacy can be determined based on its cumulative effect on the global trends affecting the disputed rights and how they have affected societies all around the world. The civil and political rights of freedom of expression and assembly have been guaranteed in the express laws of the land, and their interpretations have been extensively researched and their ambits have been widened with time, and their scope has been stretched to include every case, of every facts and circumstances to reduce unaddressed grievances. The scope of the laws and the rights have been stretched to ensure that the arbitrary use of power by the sovereign authorities could be kept in check and the transparency accountability and accessibility to the governing authorities would increase for the normal citizen. But despite a non-ambiguous contention of rights, the citizens and other bodies like activists and journalists experience substantial encroachment to their rights through procedures that are not established by law, endangering their rights to even seek legal protection. The Iran protest in 2022, shows instances of how the wrongful custodial torture subjected to a woman based on ambiguous accusations led to massive protests and demonstrations over a long time which witnessed even more violation of fundamental rights of the right to life, privacy, freedom of expression, assembly, among others. These interpretations of the rights in the international and regional platforms will function adequately as long as the authorities which are supposed to be bound by these interpretations, become accountable, take impartial decisions, and function collectively for the benefit of the society. Despite the constitutions and other statutory laws expressly mentioning and imposing the entire responsibility of protection of the rights on the state and governing authorities, the failure to assume the responsibility of protecting and uplifting the society and impartially serving the interest of the people is posing as a lacuna in the interpretations. 

SUGGESTIONS

To increase exposure to the events and the demands of the protesters, a strong light has to be shone on the violation to mobilize international actors. The developing crisis can only be solved with increased and targeted international intervention in regional affairs. The protest and the demonstrations are resulting in severe destruction of persons and property which could be remedied by escape mechanism. European government should offer rapid access to visa and legal pathways to maintain a democratic presence on one hand and to ensure the safety and outreach of the issue on the other. These demands for an equitable and secure state of conduct could be etched in the memory of the protesters and demonstrators through memorialisation or public memorials, which played a huge role in reflecting the official standpoint and shaping opinions about the historical experiences of the defenders. Memorialisation creates a feeling of shared memory and collective narration of events through a physical representation of past struggles and ideals. As citizens with no access to security organisations or resources for targeted support, people belonging from other countries can make donations to official websites to fund the ongoing investigations and sign online petitions for protesting the bloodshed and even donate to non-profit groups who are working for the protection of Human Rights issues and raising awareness for the same. 

CONCLUSION 

Dina Nayeri stated “Iranian women aren’t looking for hijab reform or concessions on gender laws. They’re leading a revolution.”^[32] The quiet revolution organised by Iranian women since the 1979 Iranian Revolution, is a clear indicator that people are no longer looking for a ground of settlement wherein roots of custom and the will of the authority would coincide together. The existing shortcomings in the governance and its adequacy in Iran have to be addressed as soon as possible, owing to the countless convictions and unlawful death of innocent people. the authorities through their conduct are eroding the provisions of the constitution and are simultaneously facing criticisms for the same. The erosion of the freedom of expression and assembly undermines the global status of the country and questions the security of the state. This demand for a radical upliftment and shredding of old governance towards broader democratic governance is sown, and the participation of regional and international players will determine the state of laws tomorrow. 

Name: Kasturi Bhowmick

Name of college: Shyambazar Law College, University of Calcutta

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[1] United Nations Human Rights Office of the High Commissioner, Iran: Crackdown on Peaceful Protests, Death of Jina Mahsa Amini Needs Independent Investigation (Oct. 12, 2022) (https://www.ohchr.org/en/press-releases/2022/10/iran-crackdown-peaceful-protests-death-jina-mahsa-amini-needs-independent.)

[2] Nicole Winchester, Protests in Iran: Death of Mahsa Amini, House of Lords Library (Oct. 6, 2022) (https://lordslibrary.parliament.uk/protests-in-iran-death-of-mahsa-amini/.)

[3] Human Rights Watch, World Report 2023: Iran (2023), https://www.hrw.org/world-report/2023/country-chapters/iran)

[4] supra ³

[5] supra ³

[6] supra ³

[7] Iran: Human Rights Groups Sound Alarm Against Draconian Internet Bill, Human Rights Watch (Mar. 17, 2022), available at https://www.hrw.org/news/2022/03/17/iran-human-rights-groups-sound-alarm-against-draconian-internet-bill.

[8] Office of the High Commissioner for Human Rights, Iran: Stop Sentencing Peaceful Protesters to Death, Say UN Experts (Nov. 16, 2022), available at https://www.ohchr.org/en/press-releases/2022/11/iran-stop-sentencing-peaceful-protesters-death-say-un-experts.

[9] supra ⁷

[10] supra ⁷

[11] supra ⁷

[12] Office of the High Commissioner for Human Rights, International Covenant on Civil and Political Rights, art. 19, available at https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights#:~:text=Article%2019,-1.&text=Everyone%20shall%20have%20the%20right,other%20media%20of%20his%20choice.

[13] supra ¹²

[14] supra ¹²

[15] supra ¹²

[16] Reuters, Iran Security Forces Clash with Protesters Over Amini’s Death (Sept. 27, 2022), available at https://www.reuters.com/world/middle-east/iran-security-forces-clash-with-protesters-over-aminis-death-2022-09-27/.

[17] Rainer B. Matos, Pandemic Protests: Creatively Using the Freedom of Assembly During COVID-19, 13 Int’l J. Hum. Rts. Healthcare 45 (2020), available at https://www.researchgate.net/publication/355314534_Pandemic_protests_Creatively_using_the_freedom_of_assembly_during_COVID-19.

[18] supra ¹⁷

[19] Rainer B. Matos, Pandemic Protests: Creatively Using the Freedom of Assembly During COVID-19, 13 Int’l J. Hum. Rts. Healthcare 45 (2020), available at https://www.researchgate.net/publication/355314534_Pandemic_protests_Creatively_using_the_freedom_of_assembly_during_COVID-19.

[20] United Nations High Commissioner for Refugees, Convention Relating to the Status of Refugees (adopted 28 July 1951, entered into force 22 April 1954), 189 U.N.T.S. 150, available at https://www.refworld.org/docid/3ae6b56710.html.

[21] supra ²⁰

[22] Rory McCarthy, “Iranian authorities investigate the poisoning of schoolgirls said to be revenge for hijab protests,” The Guardian, February 27, 2023, https://www.theguardian.com/global-development/2023/feb/27/iranian-authorities-investigate-the-poisoning-of-schoolgirls-said-to-be-revenge-for-hijab-protests.

[23] supra ²⁰

[24] Jessie Yeung and Mostafa Salem, “UN launches investigation into Iran’s repression of protesters amid reports of killings and torture,” CNN, October 19, 2022, https://www.cnn.com/2022/10/19/middleeast/iran-protesters-repression-investigation-intl-cmd/index.html.

[25] Lily Hay Newman, “Iran’s Latest Internet Shutdown Is a Desperate Response to Protests,” Wired, September 30, 2022, https://www.wired.com/story/iran-protests-2022-internet-shutdown-whatsapp/.

[26] supra ²⁰

[27] Rishi Iyengar and Zahraa Alkhalisi, “Iranian government blocks internet again amid protests,” CNN Business, September 24, 2022, https://www.cnn.com/2022/09/24/tech/iran-internet-blackout/index.html.

[28] Research Briefing, “Protests in Iran: Death of Mahsa Amini,” House of Commons Library, February 17, 2023, CBP-9679, https://commonslibrary.parliament.uk/research-briefings/cbp-9679/.

[29] supra ²⁸

[30] supra ²⁸

[31] supra ²⁸

[32] Wallace-Wells, David. “Iran’s Secular Shift: Is it Happening?” N.Y. Mag. (Oct. 24, 2022), https://nymag.com/intelligencer/article/iran-secular-shift-gamaan.html.