Iran After Masha Amini

By: Fanni Lovas

Photo by Clem Onojeghuo on Unsplash

I. Introduction

Women all around the world were shocked to learn that Iranian Masha Amini had been killed by the authorities of her country. Several protests began to show solidarity with the women who fight for their rights in Iran.[1] It was the result of the policies of the new regime. The new leader, President Ebrahim Raisi, aims to restore the customs of the earlier attire of women based on the Quran. However, Iranian women want their own right to decide on their wear. Therefore, they have protested by refusing to obey the volition of the authorities. Consequently, the response of the Iranian security forces for disobedience is retaliation. By their act, they obstacle the exercise of the fundamental rights of the Iranian people comprising the right to life, freedom of expression and right to peaceful assembly.

II. Death of Masha Amini

After Ebrahim Raisi took over the presidential post of Iran in 2021, he tightened the rules on how women should cover their heads properly.[2] His purpose was to return to the original understanding of the Quran.[3] It clarifies that in the Islamic dress code, the women must cover their head, ears, neck, and bosom with a hijab.[4] Furthermore, the body of the woman must be covered with an overall dress that should be long and loose.[5] It became the reason for the security force’s intervention.[6]

By order from the Iranian Government, street patrols made use of physical and verbal harassment and arrest if they perceive someone does not apply the hijab requirements strictly.[7] This ongoing situation has claimed lots of lives in Iran.[8] It led to the death of Masha Amini. She was a 22 year old Iranian woman from the Kurdish minority, who was detained on 13 September 2022 for violation of the women's dress code in Iran.[9]Masha Amini was arrested when she and her brother exited from Haqqani Highway.[10] Her brother pleaded they are just visitors, but Guidance Patrol ignored it.[11] Her head was banged against the car, and she was beaten several times during her transfer to the Vozara Detention Centre.[12]Shortly after, she fell into a coma and died at the Vozara Detention Centre on the day of 16 September 2022.[13]The authorities said she died of natural causes (heart attack).[14] However, expert reports state her death was a result of ill-treatment and torture.[15]

III. Reaction

The death of Jina Mahsa Amini sparked demonstrations and violent crackdowns on the streets of Iran calling for political change. [16] It is the longest-running anti-government protests in Iran since 1979.[17] Even if it shakes the regime, the people pay a heavy cost for it.[18] Until the end of 2022, more than 500 protesters have been killed by the morality police, including children.[19] Two people have been executed and at least 26 citizens have been waiting for the same execution.[20] It is a unique protest because people are involved all across the country and women are taking a lead role under the slogan “Woman, Life, Freedom”.[21] Every citizen who has taken steps to support the protest has been arrested or killed.[22] Security forces cracked down on protestors very violently from the beginning, especially in areas where ethnic minorities, such as Kurdistan and Balochistan, live.[23] In Kurdish regions, troops, heavy weaponry, and military vehicles have been deployed to quell protestors.[24]The Iranian authorities use firearms such as handguns and Kalashnikov-pattern assault rifles.[25] Furthermore, they use shotguns, which can be loaded with ammunition containing multiple rubber or metal pellets.[26] Moreover, the military forces beats the protestors as an act against the resistance.[27]

IV. Legitimacy of the procedure of the Iran authority

A. Right to life

Article 6 of ICCPR provides that “every human being has the inherent right to life”.[28] The right to life is an absolute right.[29] No derogation is permitted.[30] This article concerns the entitlement of individuals to be free from acts and omissions that are intended to cause their unnatural death.[31] The trend of the security forces of killing people can be tracked back to the 1979 Islamic Revolution.[32] During this time was when the mandatory hijab wearing in Iran was introduced.[33] In 1981, Article 18 of the Law for Rebuilding Human Resources of Government Agencies and Ministries declared that anyone who explicitly violates any religious taboo in public can be punished with imprisonment, flogging, and fines.[34] Since the existence of this regulation, all women in Iran, including foreigners and non-Muslims, have been forced to follow this rule or be subjected to the Iranian authorities.[35] When Ebrahim Raisi was the Head of the Iranian Judiciary between 2019-2021, the unlawful killing of hundreds of men, women and children took place .[36] Government officials and security forces were responsible for subjecting thousands of protesters to mass arrests and at least hundreds to enforced disappearance, torture and other ill-treatment.[37] Since Ebrahim Raisi has risen to presidency, his acts have remained ongoing, despite the fact that Iran ratified the ICCPR in 24 Jun 1975.[38]

According to the General Comment of Human Rights Committee, state parties must establish a legal framework to ensure the full enjoyment of the right to life by all individuals.[39] The deprivation of life must be prescribed by law and must be defined with sufficient precision to avoid overly broad interpretation.[40] However, does not appear to be fulfilled in Iran's Constitution.[41] Article 22 of this Constitution clarifies the right to life in a broad way only.[42] It states life of individuals must remain inviolate.[43]This indicates that Iranian authorities do not have the right to encroach on the right to life of Iranian citizens. [44]

However, several sources prove that the military forces of the Iran State murders its citizens as a weapon of repression as happened in the case of Masha Amini.[45] All of them were killed during the protest by the morality police who used rearms and physical violence against them.[46] These actions affirm that the Iranian authorities did not leave its nationals free from violation as it is written in their own Constitution under article 22.[47] Their unusual death that was caused by the security forces is also forbidden under article 6 of the ICCPR.[48] It proves that the Iranian authority failed to fulfil its obligations under the Iran's Constitution and the ICCPR.[49]

B. Freedom of expression – Right to peaceful assembly

Article 19 of the ICCPR requires State Parties to guarantee the right to freedom of expression, including the right to seek, receive and impart information and ideas of all kinds regardless of frontiers.[50] This right includes expressing and communicating every form of idea and opinion capable of transmission to others.[51] It includes public affairs, discussion of human rights, journalism and religious discourse.[52] Such forms include spoken and written language.[53] Article 22 of the ICCPR impose on States to allow everyone the right to freedom of association with other for the protection of the interest of the people.[54]

According to Article 19 of the General Comment of the Human Rights Committee on the ICCPR, the obligation to respect freedom of expression is binding on every State party as a whole.[55] It is essential for any society.[56] States are required to ensure those rights that are contained in Article 19 of the ICCPR.[57] It must be a given effect in the domestic law of the State.[58] According to the General Comment of the Human Rights Committee on Article 22 of the ICCPR, peaceful assembly is a fundamental right that enables individuals to express themselves collectively.[59] It protects the ability of people to exercise individual autonomy in solidarity with others.[60] Failure to respect and ensure the right to peaceful assembly is typically a marker of repression.[61] The right of peaceful assembly can be exercised by citizens outdoors or online in a protest format.[62] These individuals have the right to express their opinion on their beliefs and political views.[63]Article 23 of Iran's Constitution confirms the fact that the investigation of individuals' beliefs is forbidden, and no one may be molested or taken for holding a certain belief.[64] Article 27 of Iran's Constitution states public gatherings and marches can be held without arms provided.[65]

In autumn, Iranians too began to protest the authorities’ interference with their right to freedom of expression.[66] The response by the security forces was repression.[67] During these ongoing protests, the military forces used different types of firearms, shotguns, as well as physical abuse he protesters. However, the assembly of Iranian citizens to express their views should be permissible since the Iran Constitution affirms the importance of holding the right to assembly and freedom of expression.[68] However, the repression on behalf of the military forces demonstrates Iran’s failure to ensure the right to assembly and freedom of expression under Articles 19[69] and 22 of the ICCPR,[70] and thus failing to follow their own Constitution by not ensuring these fundamental rights.[71]

V. Conclusion

The ongoing protests in Iran have already led to the death of more than hundreds of people.[72] Thousands of Iranian citizens march on the streets every day to fight against their current regime and.[73] As a result, the morality police enforce inhuman action as a resistance towards the so-called rebels.[74] The ICCPR comprises several fundamental rights that were overlooked by the local government, especially the right to life, the freedom of expression, and the right to peaceful assembly.[75] Iran's Constitution also reaffirms the importance of these human rights,[76] however, the Iranian authorities act contrary to what is depicted in their own Constitution.[77] Additionally, they also leave out the considerations of the ICCPR.[78] Articles 6, 19, and 22 of the ICCPR clarify that Iranian security forces result in human rights violations by killing their citizens during protests, at which the Iranian people attempted to express their opinions.[79]

[1] Celine Alkhaldi and Nadeen Ebrahim, ‘Grief, protest and power: Why Iranian women are cutting their hair’ Meanwhile in the Middle East (28 September 2022) <https://edition.cnn.com/2022/09/28/middleeast/iran-hair-cutting-mime-intl/index.html> accessed 5 November 2022. [2] Jheelum Basu, ‘How The Death Of Mahsa Amini Pushed Iranian Women Over The Edge Of Revolution’ Outlook (10 October 2022) <https://www.outlookindia.com/international/how-the-death-of-masha-amini-pushed-iranian-women-over-the-edge-of-revolution-news-228622> accessed 5 November 2022. [3]‘President criticizes desecration of Quran, Islamic values’ Iran Press News Agency (23 February 2023) <https://iranpress.com/content/74327/president-criticizes-desecration-quran-islamic-values> accessed 5 November 2022. [4]Sayyid Muhammad Rizvi, Hijab, The Muslim Women's Dress, Islamic Or Cultural? (Ja‘fari Islamic Centre (Tabligh Committee) Canada 1997). [5] ibid. [6] President criticizes desecration of Quran, Islamic values (n 3). [7] ‘Mahsa Amini: Acting UN human rights chief urges impartial probe into death in Iran’ United Nations Human Rights Office of the High Commissioner (20 September 2022) <https://www.ohchr.org/en/press-releases/2022/09/mahsa-amini-acting-un-human-rights-chief-urges-impartial-probe-death-iran> accessed 5 November 2022. [8] ‘“They are shooting brazenly” Iran’s militarized response to May 2022 protests’ Amnesty International (August 2022) <https://www.amnesty.nl/content/uploads/2022/08/MDE-13.5789.2022-They-are-shooting-brazenly-Irans-militarized-response-to-May-2022-protests.pdf?x49845> accessed on 5 November 2022. [9]Mahsa Amini: Acting UN human rights chief urges impartial probe into death in Iran (n 7). [10] Marie-Claire Chappet, ‘What happened to Mahsa Amini?’ BAZAAR (21 September 2022) <https://www.harpersbazaar.com/uk/culture/culture-news/a41294323/what-happened-to-mahsa-amini/> accessed 5 November 2022. [11] ibid. [12] ‘Iran: UN experts demand accountability for death of Mahsa Amini, call for end to violence against women’ United Nations Human Rights Office of the High Commissioner (22 September 2022) <https://www.ohchr.org/en/press-releases/2022/09/iran-un-experts-demand-accountability-death-mahsa-amini-call-end-violence> accessed 5 November 2022. [13] Basu (n 2). [14]Mahsa Amini: Acting UN human rights chief urges impartial probe into death in Iran (n 7). [15] ibid. [16] Parham Ghobadi, ‘Iran protests’ DW (31 January 2023) <https://www.dw.com/en/iran-protests/t-63439309> accessed 1 February 2023. [17] ‘Iran protests: “No going back” as unrest hits 100 days’ BBC News (26 December 2022 <https://www.bbc.com/news/world-middle-east-64062900> accessed 8 January 2023. [18] ibid. [19] ibid. [20] ibid. [21] ibid. [22] ibid. [23] Joshua Askew, ‘Iran protests: What caused them? Are they different this time? Will the regime fall?’ Euronews (1 February 2023) <https://www.euronews.com/2022/12/20/iran-protests-what-caused-them-who-is-generation-z-will-the-unrest-lead-to-revolution> accessed 8 February 2023. [24] ibid. [25] ‘Iran: Security Forces Fire On, Kill Protesters’ Human Rights Watch (5 October 2022) <https://www.hrw.org/news/2022/10/05/iran-security-forces-fire-kill-protesters>accessed on 14 January 2023. [26] ibid. [27] ibid. [28] International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171 (ICCPR) art 6. [29] United Nations Human Rights Committee ‘General Comment 36’ in ‘International Covenant on Civil and Political Rights’ (2019) United Nations Document CCPR/C/GC/36 (OHCHR GC 36) para 2. [30] ibid. [31] ibid. [32] Benham Gholipour, ‘Newly-Published Document Details the Full, Unhinged Scope of Iran’s New Hijab Policy’ IRANWIRE (1 February 2023) <https://iranwire.com/en/women/106726-newly-published-document-details-full-scope-of-irans-new-hijab-policy/>accessed on 14 January 2023. [33] ibid. [34] ibid. [35] ibid. [36] ‘Iran: Ebrahim Raisi must be investigated for crimes against humanity’ Amnesty International (19 June 2021) <https://www.amnesty.org/en/latest/press-release/2021/06/iran-ebrahim-raisi-must-be-investigated-for-crimes-against-humanity/> accessed on 14 January 2023. [37] ibid. [38] ibid. [39] OHCHR GC 36 (n 29) para 18. [40] ibid, para 23. [41] Islamic Republic of Iran’s Constitution of 1979 with Amendments through 1989 (Iran’s Constitution) art. 22. [42] ibid. [43] ibid. [44] ibid. [45]‘Iran: 14 people sentenced to death in relation to protests’ Amnesty International (7 February 2023) < https://www.amnesty.org/en/documents/mde13/6424/2023/en/> accessed 12 December 2023. [46] Askew (n 23). [47] Iran’s Constitution (n 41) art 22. [48] ICCPR (n 28) art 6. [49] Iran’s Constitution (n 41) art 22. [50] United Nations Human Rights Committee ‘General Comment 34’ in ‘International Covenant on Civil and Political Rights’ (2011) United Nations Document CCPR/C/GC/34 (OHCHR GC 34) p 11. [51] ibid. [52] ibid. [53] OHCHR GC 34 (n 52) para 12. [54] ICCPR (n 28) art 22. [55] OHCHR GC 34 (n 52) para 7. [56] ibid, para 2. [57] ibid, para 8. [58] ibid. [59] United Nations Human Rights Committee ‘General Comment 37’ in ‘International Covenant on Civil and Political Rights’ (2020) United Nations Document CCPR/C/GC/37 para 1. [60] ibid. [61] ibid. [62] ibid, para 2. [63] ibid, para 7. [64] Iran’s Constitution (n 41) art 23. [65] ibid, art 27. [66] Ghobadi (n 16). [67] Iran protests: “No going back” as unrest hits 100 days (n 17). [68] Iran’s Constitution (n 41) art 23, art 27. [69] ICCPR (n 28) art 19. [70] ibid, art 22. [71] Iran protests: “No going back” as unrest hits 100 days (n 17). [72] ibid. [73] ibid. [74] ibid. [75] ICCPR (n 28) art.6, art. 19, art. 22. [76] Iran protests: “No going back” as unrest hits 100 days (n 17). [77] Iran’s Constitution (n 41) art. 22, art. 23, art. 27. [78] ICCPR (n 28) art. 6, art. 19, art. 22. [79] OHCHR GC 34 (n 52) para 7.