opencaselaw.ch

A/HRC/WGAD/2025/15

Opinion No. 15/2025 concerning Jina Modares Gorji (Islamic Republic of Iran)

UNO-Arbeitsgruppe über willkürliche Inhaftierung (WGAD) · 2025-04-10 · en UN

Opinion; Subjects: IRAN (ISLAMIC REPUBLIC OF), ARBITRARY DETENTION; [WGAD: UNO-Arbeitsgruppe über willkürliche Inhaftierung, willkürliche Haft; Groupe de travail sur la détention arbitraire; Gruppo di lavoro sulla detenzione arbitraria]

Volltext (verifizierbarer Originaltext)

GE.25-08743 (E) 010725 010725

Human Rights Council

Working Group on Arbitrary Detention

Opinions adopted by the Working Group on Arbitrary

Detention at its 102nd session, 1–10 April 2025

Opinion No. 15/2025 concerning Jina Modares Gorji (Islamic Republic

of Iran)

1.

The Working Group on Arbitrary Detention was established in resolution 1991/42 of

the Commission on Human Rights. In its resolution 1997/50, the Commission extended and

clarified the mandate of the Working Group. Pursuant to General Assembly resolution 60/251

and Human Rights Council decision 1/102, the Council assumed the mandate of the

Commission. The Council most recently extended the mandate of the Working Group for a

three-year period in its resolution 51/8.

2.

In accordance with its methods of work,1 on 27 November 2024 the Working Group

transmitted to the Government of the Islamic Republic of Iran a communication concerning

Jina Modares Gorji. The Government has not replied to the communication. The State is a

party to the International Covenant on Civil and Political Rights.

3.

The Working Group regards deprivation of liberty as arbitrary in the following cases:

(a)

When it is clearly impossible to invoke any legal basis justifying the

deprivation of liberty (as when a person is kept in detention after the completion of his or her

sentence or despite an amnesty law applicable to him or her) (category I);

(b)

When the deprivation of liberty results from the exercise of the rights or

freedoms guaranteed by articles 7, 13, 14, 18, 19, 20 and 21 of the Universal Declaration of

Human Rights and, insofar as States Parties are concerned, by articles 12, 18, 19, 21, 22, 25,

26 and 27 of the Covenant (category II);

(c)

When the total or partial non-observance of the international norms relating to

the right to a fair trial, established in the Universal Declaration of Human Rights and in the

relevant international instruments accepted by the States concerned, is of such gravity as to

give the deprivation of liberty an arbitrary character (category III);

(d)

When asylum-seekers, immigrants or refugees are subjected to prolonged

administrative custody without the possibility of administrative or judicial review or remedy

(category IV);

(e)

When the deprivation of liberty constitutes a violation of international law on

the grounds of discrimination based on birth, national, ethnic or social origin, language,

religion, economic condition, political or other opinion, gender, sexual orientation, disability,

or any other status, that aims towards or can result in ignoring the equality of human beings

(category V).

1 A/HRC/36/38.

United Nations

A/HRC/WGAD/2025/15

General Assembly

Distr.: General

2 July 2025

Original: English

A/HRC/WGAD/2025/15

2

GE.25-08743

1.

Submissions

(a)

Communication from the source

4.

Jina Modares Gorji is a citizen of the Islamic Republic of Iran belonging to the

Kurdish ethnic community from the Sanandaj region. Ms. Gorji is a journalist and human

rights defender. She is an advocate for the rights of Kurdish women and girls, as well as the

broader Kurdish community’s sociocultural rights.

5.

The source submits that Ms. Gorji is a committed observer of discrimination, injustice

and human rights abuses, and is actively engaged in documenting and exposing acts of

violence. She is also a writer and translator. As a result, she has faced punishment and

obstacles to her work and education on multiple occasions.

(i)

Context

6.

The source expresses concern about the situation of human rights in the Islamic

Republic of Iran and submits that minorities, especially the Kurdish population, are subject

to, inter alia, repression, discrimination, unequal access to education and major violations of

their freedom of association and assembly. There has reportedly been an increase in

repression, executions and arbitrary arrests in the Islamic Republic of Iran and, in particular,

in regions with a higher Kurdish population.

7.

The source notes that the death in custody of Jina Mahsa Amini in September 2022

resulted in a series of protests among the Kurdish community and in the country as a whole,

in which protestors demanded respect for the rights of women, as well as other rights that the

Government had allegedly been suppressing. In response, there has been a further increase

in the suppression of the rights to freedom of expression, association and peaceful assembly

by the authorities.

8.

Within this context, the source submits that Ms. Gorji’s arrest is part of a wider trend

of arrests and detentions of perceived political opponents, in particular from the Kurdish

community. The source further notes that several Iranian-Kurdish teachers, journalists and

human rights activists have been arrested on arbitrary charges and given disproportionately

heavy sentences.

(ii)

Arrest, detention and sentencing of Ms. Gorji

9.

The source submits that, already at the start of the “Woman, Life, Freedom”

movement following the death of Jina Masha Amini, Ms. Gorji had been arrested by the

Iranian intelligence services on 21 September 2022. She was charged with threatening

national security by gathering and colluding, and with spreading propaganda against the

State. On 30 October 2022, she was released on a bail of 10 billion Iranian rials, after having

been on hunger strike for three days to protest against the physical assault and detention she

had endured at the Sanandaj Correctional and Rehabilitation Centre.

10.

After her release, Ms. Gorji continued to face constant pressure and surveillance by

the Iranian security forces and the judiciary. Furthermore, it is reported that her human rights

and cultural work has been obstructed on several occasions, as the authorities withheld

permits and issued orders to cease her activities.

11.

On 12 February 2023, Ms. Gorji was taken with her lawyer to Branch One of the

Islamic Revolutionary Court in Sanandaj, and asked to sign the pardon scheme that had been

announced in February 2023 on the occasion of the forty-fourth anniversary of the Islamic

revolution. Ms. Gorji refused to do so, as that would constitute an acknowledgement that the

charges against her for undertaking her human rights work had been legitimate.

12.

In that same month, Ms. Gorji was informed that “spreading misinformation” had

been added to the previous charges against her of “forming groups and association with the

intention of disturbing the national security” and “propaganda activities against the State”.

13.

The source submits that, on 10 April 2023, Ms. Gorji was arrested again by the

authorities from the Ministry of Intelligence while she was returning home. An arrest warrant

was not presented to her at the time of the arrest.

A/HRC/WGAD/2025/15

GE.25-08743

3

14.

Ms. Gorji was detained for almost three months in the women’s ward of Sanandaj

Correctional and Rehabilitation Centre, the first month of which was in solitary confinement

under harsh conditions. She was also denied access to a lawyer. She was eventually released

on 3 July 2023, on a bail of 1 billion Iranian rials.

15.

The second and third court sessions pertaining to Ms. Gorji were held on 13

September 2023 and 9 April 2024, respectively. On 23 May 2024, Branch One sentenced

Ms. Gorji to 21 years’ imprisonment. The source submits that Ms. Gorji was sentenced to 10

years’ imprisonment for “forming groups and association with the intention of disturbing the

national security”; an additional 10 years for “collaborating with a hostile Government”; and

a further 1 year for carrying out “propaganda activities against the State”. Ms. Gorji was to

be sent to Hamadan Central Prison to serve her sentence.

16.

The source notes that the ruling did not include a decision on the additional charges

of “spreading misinformation” and “inciting violence”, which were referred to Branch Two

of the Court for a decision. Should additional sentences be passed on those charges, then the

most severe single sentence – that of 10 years’ imprisonment – would be executable under

article 134 of Islamic Penal Code. According to that provision, in cases of multiple charges

of different types, the maximum punishment will be issued for all of them, but only the most

severe punishment will be carried out.

17.

According to the source, the Court’s ruling was largely made on the basis of the

reports provided by the Ministry of Intelligence that Ms. Gorji’s work and activism

constituted “security threats” to the Government. However, the source submits that the

aforementioned charges are a punishment for Ms. Gorji’s peaceful human rights activities,

which include speaking to the media about the situation in the Islamic Republic of Iran,

participating in international conferences and organizing activities to promote women’s

rights in Iranian provinces with a Kurdish population.

18.

The source submits that Ms. Gorji’s prosecution is part of a wider trend of suppression

against human rights defenders in the Islamic Republic of Iran, especially those belonging to

ethnic minorities, whereby persons who represent perceived “political threats” to the State

and public advocates for human rights or minority rights are arrested or threatened with arrest

on the grounds of terrorism or of threatening national security. The charges such individuals

targeted by the State face commonly include “forming groups and associations aiming to

disturb the national security” and “spreading propaganda”.

19.

The source notes that, on 7 October 2024, the Sanandej Court of Appeal reduced Ms.

Gorji’s prison sentence to 28 months. The Court dropped the charge of “collaborating with

hostile groups and States” and reduced the sentences for “propaganda against the State” to

one year and for “forming an illegal group with the aim of overthrowing the State” to 16

months. Ms. Gorji was imprisoned on 2 November 2024 to serve her sentence. She is

currently detained at Sanandaj Central Prison.

(iii)

Legal analysis

20.

The source submits that Ms. Gorji’s arrest and detention are arbitrary and fall under

categories II, III and V of the Working Group. The source further submits that Ms. Gorji’s

arrest and detention violate articles 18 and 20 of the Universal Declaration of Human Rights,

as well as articles 18, 19, 21, 22, 26 and 27 of the Covenant.

21.

In relation to category II, the source argues that Ms. Gorji’s arrest was a direct result

of her work to preserve Kurdish culture and promote women’s rights in the country. It

submits that her detention and the initial lengthy sentence aimed to isolate Ms. Gorji and

hamper her human rights work. The source thus submits that the above represent a clear

reprisal based on her work and an attempt to intimidate her and deter her from taking an

active role in the public affairs of her country and community. Arresting Ms. Gorji for

attending protests related to the “Woman, Life, Freedom” movement also violate her right to

peaceful protest and assembly.

22.

The source notes that the case falls within category III of the Working Group as trials

of prominent activists and journalists are reportedly “show trials” with little observance and

respect for international fair trial standards. In the present case, the source recalls that the

A/HRC/WGAD/2025/15

4

GE.25-08743

arrest and detention of Ms. Gorji preceded any court decision, while the sentencing itself was

not only arbitrary but also unreasonably harsh.

23.

Moreover, the source notes that the court’s ruling was largely made on the basis of

Ministry of Intelligence reports claiming that Ms. Gorji’s work and activism had constituted

“security threats” to the country. The source reiterates that, in reality, the aforementioned

charges were a punishment for her peaceful human rights activities, which included speaking

to the media, participating in international conferences and organizing activities to promote

women’s rights in Iranian provinces with a Kurdish population.

24.

With regard to category V, the source submits that the arrest, detention and sentencing

of Ms. Gorji constitutes part of a larger trend of intimidation and suppression of the Kurdish

community in the Islamic Republic of Iran, especially when it comes to the claiming and

promotion of their cultural and linguistic rights. The source also claims that there is a pattern

of persecution in regions with a higher Kurdish population, which clearly demonstrates the

discriminatory treatment of ethnic minorities because of their ethnic affiliation.

25.

In this context, the source submits that, from 1 January to 5 November 2024, over 718

prisoners, including 20 women, were executed in the Islamic Republic of Iran, of whom at

least 165, including 1 woman, belonged to the Kurdish minority, which is a disproportionate

percentage of that overall number. The source also submits that nearly half of all the those

detained for their political affiliations and opinions are from the Kurdish minority. The source

notes that, from January 2024 to November 2024, at least 600 Kurdish citizens, including 35

women and 10 Kurdish religious figures, known as mamosta, were detained, while two

Kurdish women are awaiting imminent execution.

26.

The source submits that, since the beginning of the “Woman, Life, Freedom”

movement in regions with a high Kurdish population, at least 350 Kurdish women have been

detained arbitrarily, and many have reportedly experienced torture, unfair trials, lengthy

sentencing and harsh prison conditions.

(b)

Response from the Government

27.

On 27 November 2024, the Working Group transmitted the allegations from the

source to the Government of the Islamic Republic of Iran under its regular communication

procedure. The Working Group requested the Government to provide detailed information

by 27 January 2025 about the current situation of Ms. Gorji. The Working Group also

requested the Government to clarify the legal provisions justifying her continued detention,

as well as its compatibility with the obligations of the Islamic Republic of Iran under

international human rights law and in particular with regard to the treaties ratified by the

State. Moreover, the Working Group called upon the Government to ensure the physical and

mental integrity of Ms. Gorji.

28.

The Working Group regrets that it did not receive a response from the Government to

that communication. The Government did not request an extension of the time limit for its

reply, as provided for in the Working Group’s methods of work.

2.

Discussion

29.

In the absence of a response from the Government, the Working Group has decided

to render the present opinion, in conformity with paragraph 15 of its methods of work.

30.

In determining whether the detention of Ms. Gorji is arbitrary, the Working Group has

regard to the principles established in its jurisprudence to deal with evidentiary issues. If the

source has presented a prima facie case of a breach of international law constituting arbitrary

detention, the burden of proof should be understood to rest upon the Government if it wishes

to refute the allegations.2 In the present case, the Government has chosen not to challenge the

prima facie credible allegations made by the source.

2 A/HRC/19/57, para. 68.

A/HRC/WGAD/2025/15

GE.25-08743

5

(a)

Category I

31.

Although the source does not specify category I as a basis for its claims, the Working

Group considers proprio motu that this is applicable and so addresses arguments under this

ground in accordance with its discretion to do so.

32.

The source submits that Ms. Gorji was arrested twice by the Iranian intelligence

services: first on 21 September 2022; then on 10 April 2023, while she was returning home.

An arrest warrant was not presented to her at the time of the arrest.

33.

Pursuant to article 9 (1) of the Covenant, no one is to be deprived of his or her liberty

except on such grounds and in accordance with such procedures as are established by law.

As the Working Group has previously stated, for deprivation of liberty to have a legal basis,

it is not sufficient that there is a law that may authorize the arrest. The authorities must invoke

that legal basis and apply it to the circumstances of the case.3 This is typically done through

an arrest warrant or arrest order (or equivalent document).4

34.

In the absence of a response from the Government, the Working Group finds the

source’s credible prima facie allegation that no arrest warrant was presented at the time of

Ms. Gorji’s arrest to be established and to demonstrate a violation of article 9 (1) of the

Covenant. For those reasons, the Working Group finds that her arrest violates article 9 of the

Covenant, articles 3 and 9 of the Universal Declaration of Human Rights and principles 2

and 4 of the Body of Principles for the Protection of All Persons under Any Form of Detention

or Imprisonment.

35.

On the basis of the foregoing, the Working Group considers that the deprivation of

liberty of Ms Gorji lacks legal basis and is thus arbitrary, falling under category I.

(b)

Category II

36.

The source argues that Ms. Gorji’s arrest was a direct result of her work to preserve

Kurdish culture and promote women’s rights in the Islamic Republic of Iran. It is submitted

that her detention and the initial lengthy sentence aim to isolate Ms. Gorji and hamper her

human rights work. The source thus sustains that it is a clear reprisal against her work and an

attempt to intimidate her and deter her from taking an active role in the public affairs of her

country and community. Arresting Ms. Gorji for attending protests related to the “Woman,

Life, Freedom” movement also violates her right to peaceful protest and assembly.

37.

The Working Group recalls that freedom of opinion and freedom of expression as

expressed in article 19 of the Covenant are indispensable conditions for the full development

of the person; they are essential for any society and constitute the foundation stone for every

free and democratic society. 5 Article 19 (2) of the Covenant protects the holding and

expression of opinions, including those which are not in line with government policy.6 The

Human Rights Committee has specifically recognized that article 19 (2) of the Covenant

includes the right of individuals to criticize or openly and publicly evaluate their Government

without fear of interference or punishment.7 As stipulated by the Human Rights Council,

certain types of expression, such as discussion of government policies and political activities,

including for peace or democracy, should never be subject to restrictions.8 The Council has

called upon States to refrain from imposing restrictions under article 19 (3) of the Covenant

that are not consistent with international human rights law.9

38.

While freedom of expression is not an absolute right, the Human Rights Committee

has stated in its general comment No. 34 (2011) on the freedoms of opinion and expression

that, when a State Party imposes restrictions on the exercise of freedom of expression, these

3 Opinions No. 9/2019, para. 29; No. 46/2019, para. 51; and No. 59/2019, para. 46.

4 Opinions No. 88/2017, para. 27; No. 3/2018, para. 43; and No. 30/2018, para. 39. In cases of arrests

made in flagrante delicto, the opportunity to obtain a warrant will typically not be available.

5 Human Rights Committee, general comment No. 34 (2011), para. 2.

6 Opinions No. 79/2017, para. 55; and No. 8/2019, para. 55.

7 Marques de Morais v. Angola (CCPR/C/83/D/1128/2002), para. 6.7.

8 A/HRC/14/23, para. 81 (i).

9 Human Rights Council resolution 12/16, para. 5 (p).

A/HRC/WGAD/2025/15

6

GE.25-08743

may not put in jeopardy the right itself. Moreover, it stipulates that article 19 (3) of the

Covenant may never be invoked as a justification for the suppressing of any advocacy of

multiparty democracy, democratic tenets and human rights. The permitted restrictions on the

right may relate either to respect of the rights or reputations of others or to the protection of

national security or of public order (ordre public) or of public health or morals. Similarly,

articles 21 and 22 (2) of the Covenant also set out restrictions on the exercise of the right to

freedom of assembly and association respectively.

39.

The Government has not presented any arguments to the Working Group to invoke

any of these limitations, nor did it demonstrate why bringing charges against Ms. Gorji was

a legitimate, necessary and proportionate response to her peaceful activities and the exercise

of her fundamental freedoms. The source, on the other hand, has explained that her arrest and

detention were made on the basis of her activities in promoting Kurdish culture and women’s

rights in the Islamic Republic of Iran. There is no information that her activities – which

include speaking to the media about the situation in the Islamic Republic of Iran, participating

in international conferences and organizing activities to promote women’s rights in Iranian

provinces with a Kurdish population – have been anything but peaceful, nor is there any

indication of those activities inciting others to violence. It is therefore clear to the Working

Group that the basis for the arrest and detention of Ms. Gorji was the exercise of her right to

freedom of opinion, expression, assembly and association.

40.

The Working Group wishes to express its concern over the types of crimes that Ms.

Gorji was charged with and which appear to have ultimately formed the basis of her

sentencing. They are vaguely formulated and overly broad national security offences. Vague

and overly broad laws fall outside of principles of legality and unduly limit universal

freedoms. The Working Group observes that vague and overly broad laws are consistently

used in the Islamic Republic of Iran to criminalize the exercise of the rights to freedom of

expression, association and peaceful assembly.10

41.

The Working Group recalls that the principle of legality requires the substance of

penal law to be due and appropriate in a democratic society that respects human dignity and

rights (nullum crimen, nulla poena sine lege apta).11 This principle requires that laws be

formulated with sufficient precision so that individuals may have access to and understand

the law and regulate their conduct accordingly.12 Moreover, vague laws may have a deterrent

effect on the exercise of fundamental freedoms as they have the potential for abuse, including

the arbitrary deprivation of liberty.13 It has raised the issue of prosecution under vague and

overly broad penal laws with the Government on several occasions.14

42.

The Working Group recalls that, in his 2022 report, the former holder of the mandate

of Special Rapporteur on the situation of human rights in the Islamic Republic of Iran

highlighted vague national security laws and their criminalization of free expression and free

association.15 In 2012, the first holder of that mandate had also concluded that such laws

allowed for arbitrary application and abuse of power.16 In his 2022 report, the former holder

of the mandate of Special Rapporteur stated that, between January and October 2021, close

to 500 individuals belonging to the Kurdish community, including teachers, border couriers,

artists, human rights and environmental rights defenders, journalists, artists and lawyers, had

been arrested or detained, of whom at least 140 had been charged with national

security-related crimes.17 The Working Group finds that the present case demonstrates that

this practice continues, as vaguely formulated offences relating to national security were used

to restrict freedoms legitimately exercised by Ms. Gorji. In her 2025 report, the current

Special Rapporteur on the situation of human rights in the Islamic Republic of Iran refers to

10 For example, opinions No. 19/2018, para. 33; and No. 85/2021, para. 41.

11 Opinion No. 10/2018, para. 53.

12 For example, opinions No. 41/2017, paras. 98–101; and No. 62/2018, paras. 57–59.

13 Opinions No. 10/2018, para. 55; and No. 15/2021, para. 65.

14 For example, opinions No. 55/2013, para. 14; No. 19/2018, para. 33; No. 52/2018, para. 78;

No. 83/2018, para. 58; No. 9/2017, para. 23; No. 29/2021, para. 52; and No. 82/2022, para. 45.

15 A/HRC/49/75, para. 22; and also A/HRC/19/66, para. 13.

16 A/HRC/19/66, para. 14.

17 A/HRC/49/75, para. 46.

A/HRC/WGAD/2025/15

GE.25-08743

7

the case of Ms Gorji, “a human rights defender, podcaster and blogger in Kurdistan Province

who was sentenced in May 2024 to 21 years in prison on various charges, including ‘forming

groups and associations with the intention of disturbing national security’, ‘collaboration

with hostile groups and States’ and ‘propaganda activities against the State’”.18

43.

In relation to the source’s submissions that Ms. Gorji’s arrest was a direct result of her

work to preserve Kurdish culture, the Working Group recalls that article 27 of the Covenant

provides 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 practise their own religion,

or to use their own language. The right contained in article 27 is an individual right, although

one that also exists in common with a community and that belongs to those who are members

of a common cultural, religious or linguistic group.19

44.

While article 27 of the Covenant does not contain a limitation clause, some balancing

of the interests of the minority against the interests of a Government may nonetheless be

permissible. The Human Rights Committee has distinguished between measures that deny a

person their right to enjoy their culture and those that “have a certain limited impact on the

way of life of persons belonging to a minority” and do not necessarily violate article 27.20

Article 27 must also be exercised in a manner that is consistent with other fundamental human

rights.21 In considering the freedom to exercise cultural rights in the Islamic Republic of Iran,

the Working Group notes that, in her 2025 report, the Special Rapporteur reported that State

authorities had also targeted cultural and human rights activists. This included an

organization that raises awareness about the legal and cultural rights of the Kurdish

population and other ethnic groups in the Islamic Republic of Iran.22

45.

The Working Group consequently finds that the detention of Ms. Goji resulted from

the legitimate exercise of her freedom of opinion, expression, assembly, association and

rights as an ethnic and linguistic minority, as protected by articles 19, 21, 22 and 27 of the

Covenant and articles 19 and 20 of the Universal Declaration of Human Rights, and was

therefore arbitrary, falling under category II. The Working Group refers the case to the

Special Rapporteur on the promotion and protection of the right to freedom of opinion and

expression and the Special Rapporteur on minority issues.

(c)

Category III

46.

Given its finding that the deprivation of liberty of Ms. Gorji is arbitrary under category

II, the Working Group wishes to emphasize that no trial should have taken place. However,

Ms. Gorji was tried on 23 May 2024 and sentenced to 21 years’ imprisonment, comprising

10 years for “forming groups and association with the intention of disturbing the national

security”; an additional 10 years for “collaborating with a hostile Government”; and a further

1 year for carrying out “propaganda activities against the State”.

47.

The source further submits that the case falls within category III of the Working

Group, as trials of prominent activists and journalists are reportedly “show trials” with little

observance and respect for international fair trial standards, while the court sentencing is also

unreasonably harsh. Furthermore, the source submits that the court’s ruling was largely made

on the basis of Ministry of Intelligence reports claiming that Ms. Gorji’s work and activism

constituted “security threats” to the country. The source reiterates that, in reality, the charges

were punishment for her peaceful human rights activities.

48.

Noting these unrebutted submissions, the Working Group refers to the finding of the

Independent International Fact-finding Mission on the Islamic Republic of Iran that

minorities in the Islamic Republic of Iran “have been disproportionally impacted in ongoing

crackdown to repress the ‘Woman, Life, Freedom’ movement” and that ethnic and religious

minorities in the Islamic Republic of Iran, in particular Kurd and Baluch minorities, “have

18 A/HRC/58/62, para. 43.

19 Human Rights Committee, general comment No. 23 (1994), para. 1.

20 CCPR/C/83/D/1023/2001, para, 7.3.

21 General comment No. 23 (1994), para. 8. See also opinion No. 9/2017, para. 27.

22 A/HRC/58/62, para. 42.

A/HRC/WGAD/2025/15

8

GE.25-08743

been disproportionally impacted by the Government’s crackdown on protesters since

2022,”23 with minority rights activists and women human rights defenders, inter alia, being

particularly targeted. The Fact-finding Mission also reported that the trials that followed were

marred by fair trial and due process violations, and that detained minorities were often

erroneously accused of security-related offences as part of a long-standing State narrative

portraying activism by minorities as a threat to national security. Within this context, the

source submits that Ms. Gorji’s arrest is part of a wider trend of arrests and detentions of

perceived political opponents, particularly from the Kurdish community.

49.

The source further submits that several Iranian-Kurdish teachers, journalists and

human rights activists have been arrested on arbitrary charges and given disproportionately

heavy sentences. The Working Group previously found that a disproportionate criminal

sentence had been handed down for vague and broadly formulated offences, such as

damaging the State’s reputation, scheming with a foreign country or weakening national

morale.24 The charges in that case were comparable to those for which Ms. Gorji was

convicted. The Working Group also considered “the broad lack of proportionality between

the power and impact of the work and activities carried out by a single individual … and the

power and impact of an entire State machinery, with its Executive, Legislative and Judicial

organs and its armed forces, police and security agents”.25 Similarly in the case of Ms. Gorji,

the Working Group is of the view that the onerous sentence of 21 years – although reduced

on appeal to 28 months – was imposed for pretextual charges relating to national security and

appears to be intended to punish Ms. Gorji for her peaceful human rights activities and to

silence her.

50.

The Working Group notes various reports of the long-standing State narrative of

portraying activism by minorities as a threat to national security, the reported disregard for

international fair trial standards during the trials of prominent activists and journalists and

the disproportionate sentences that followed those proceedings. In 2015, the Special

Rapporteur on the situation of human rights in the Islamic Republic of Iran reported that the

judiciary had imposed heavy prison sentences on individuals who peacefully exercised their

right to freedom of expression for crimes such as “propaganda against the State” and harming

“national security”.26 The case of Ms. Gorji demonstrates that this remains an ongoing

concern. 27 The source submits that, since the beginning of “Woman, Life, Freedom”

movement in regions with a high Kurdish population, at least 350 Kurdish women have been

detained arbitrarily and many have reportedly experienced torture and unfair trials and have

been sentenced to lengthy and harsh imprisonments.

51.

The source further submits that Ms. Gorji was detained for almost three months in the

women’s ward of Sanandaj Correctional and Rehabilitation Centre and spent the first month

of her detention in solitary confinement under harsh conditions. She was also denied access

to a lawyer. The Working Group notes that, pursuant to rule 45 of the United Nations

Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), the

imposition of solitary confinement must be accompanied by certain safeguards. Solitary

confinement must be used only in exceptional cases as a last resort, for as short a time as

possible, subject to independent review and authorized by a competent authority. Prolonged

solitary confinement in excess of 15 consecutive days is prohibited under rules 43 (1) (b), 44

and 45 of the Nelson Mandela Rules. The Working Group recalls that the Special Rapporteur

on torture and other cruel, inhuman or degrading treatment or punishment previously deemed

that prolonged solitary confinement in excess of 15 days, at which point some of the harmful

psychological effects of isolation can become irreversible, may amount to torture as

23 See www.ohchr.org/en/press-releases/2024/08/minorities-iran-have-been-disproportionally-impacted-

ongoing-crackdown.

24 Opinion No. 24/2008, para. 21.

25 Ibid., para. 22; and 76/2023, paras. 97 and 98.

26 A/70/411, para. 23.

27 Also, opinion No. 21/2023, para. 83.

A/HRC/WGAD/2025/15

GE.25-08743

9

described in article 1 of the Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment.28

52.

Noting the source’s unrebutted submissions that Ms. Gorji was denied access to a

lawyer, at the very least during her first month in solitary confinement, the Working Group

recalls that all persons deprived of their liberty have the right to legal assistance by a counsel

of their choice at any time during their detention, including immediately after their

apprehension, and such access is to be provided without delay in the absence of exceptional

reasons justifying a restriction on such access.29 The Working Group thus finds that Mr.

Gorji’s prolonged solitary confinement at the outset of her detention, during which she was

denied a lawyer, jeopardized the principle of equality of arms under article 14 (1) and her

right to counsel under 14 (3) (b) of the Covenant.30

53.

Considering the violations set out above, the Working Group concludes that the

breaches of fair trial and due process rights of Ms. Gorji are of such gravity as to give her

deprivation of liberty an arbitrary character, falling within category III.

(d)

Category V

54.

In relation to category V, the source submits that the arrest, detention and sentencing

of Ms. Gorji constitute part of a larger trend of intimidation and suppression of the Kurdish

community in the Islamic Republic of Iran, especially when it comes to the claiming and

promotion of their cultural and linguistic rights. The source also claims that there is a pattern

of persecution in regions with a higher Kurdish population that clearly demonstrates the

discriminatory treatment of ethnic minorities because of their ethnic affiliation.

55.

The Working Group has consistently found discrimination when it is apparent that

persons have been deprived of their liberty specifically on the basis of protected

characteristics. 31 In the present case, Ms. Gorji belongs to the Kurdish ethnic minority

community. In his 2020 report, the holder of the mandate of Special Rapporteur on the

situation of human rights in the Islamic Republic of Iran referred to worrying reports of

violations of the economic, social and cultural rights of minorities, including the Kurdish

communities.32 The Working Group observes that this pattern of harassment against the

Kurdish ethnic minority community in the Islamic Republic of Iran is consistent with the

source’s submissions. Moreover, the source argues that Ms. Gorji’s persecution and

prosecution are part of a wider crackdown against human rights defenders in the Islamic

Republic of Iran.

56.

In the present case, the source submits that Ms. Gorji is an advocate for the rights of

Kurdish women and girls and highlights the repression against women’s rights defenders.

The source submits that, since the start of the “Woman, Life, Freedom” movement in

September 2022, sparked by the death of Jina Masha Amini in police custody, Ms. Gorji was

arrested twice by the Iranian intelligence services. The source further submits that Ms. Gorji

herself has been subjected to constant pressure and surveillance by the security forces and

the judiciary.

57.

The Working Group has previously considered cases involving women who have

expressed their opposition to the compulsory wearing of the hijab in the Islamic Republic of

Iran.33 In his 2021 report, the holder of the mandate of Special Rapporteur on the situation of

human rights in the Islamic Republic of Iran stated that the authorities continued to arrest and

imprison women’s rights advocates who had challenged compulsory veiling, on national

28 A/63/175, para. 56; A/66/268, para. 61; General Assembly resolution 68/156; A/56/156, paras. 14 and

39 (f); and Human Rights Committee, general comment No. 35 (2014), para. 35.

29 United Nations Basic Principles and Guidelines on Remedies and Procedures on the Right of Anyone

Deprived of Their Liberty to Bring Proceedings Before a Court, principle 9 and guideline 8; Human

Rights Committee, general comment No. 35 (2014), para. 35; A/HRC/45/16, paras. 50–55; and

A/HRC/48/55, para. 56. See also A/HRC/27/47, para. 13.

30 Opinion No. 32/2019, para. 42. See also opinions No. 47/2017, para. 28; and No. 52/2018,

para. 79 (j); and E/CN.4/2004/3/Add.3, para. 33.

31 A/HRC/36/37, para. 48.

32 A/HRC/43/61, para. 44.

33 See opinions No. 15/2021; No. 54/2022; and No. 21/2023.

A/HRC/WGAD/2025/15

10

GE.25-08743

security- and morality-based charges. 34 In 2022, the Acting United Nations High

Commissioner for Human Rights called upon the Iranian authorities to stop targeting,

harassing and detaining women who did not abide by the hijab rules.35 In its update in

September 2024, the Independent International Fact-finding Mission on the Islamic Republic

of Iran warned that the Government of the Islamic Republic of Iran had “intensified its efforts

to suppress the fundamental rights of women and girls and crush remaining initiatives of

women’s activism”.36 The arrest and detention of Ms. Gorji was also addressed in its update.37

In her 2025 report, the Special Rapporteur on the situation of human rights in the Islamic

Republic of Iran noted that she continued to receive information concerning the arrest and

detention of women’s rights advocates. In that context, the Working Group finds that Ms.

Gorji was also detained because of her gender, as the detention was a consequence of her

activities as a women’s rights activist.38 The Working Group echoes the call of the above-

mentioned United Nations experts that Governments refrain from arbitrarily detaining

protestors who are seeking to uphold women’s rights.39

58.

For these reasons, the Working Group finds that Ms. Gorji was deprived of her liberty

on discriminatory grounds, on the basis of her political or other opinion, ethnicity and

language, status as a human rights defender as well as her gender. Her deprivation of liberty

violates her right to equality before the law and equal protection of the law under articles 2

and 7 of the Universal Declaration of Human Rights and articles 2 (1) and 26 of the Covenant

and was arbitrary under category V.40 The Working Group refers the case to the Special

Rapporteur on the situation of human rights defenders, the Special Rapporteur on violence

against women and girls, its causes and consequences, and the Working Group on

discrimination against women and girls for appropriate action.

(e)

Concluding remarks

59.

As indicated above, the Working Group considers that Ms. Gorji was deprived of her

liberty in violation of international human rights law and should not have been subjected to

any form of criminal punishment for her peaceful activities. As such, the Working Group

emphasizes that the reduction of the sentences on appeal does not change the arbitrary nature

of the deprivation of liberty in the present case. Furthermore, the imposition of lengthy

sentences at trial is likely to have a significant chilling effect upon the peaceful exercise of

rights and freedoms in the Islamic Republic of Iran.41

60.

The present case is one of several brought before the Working Group in recent years

concerning arbitrary detention in the Islamic Republic of Iran.42 The Working Group is

concerned that this might indicate a widespread or systemic practice of arbitrary detention in

the country. The Working Group underlines that States have the obligation not to engage in

acts that could constitute crimes against humanity and to prevent and punish them if they are

committed. The Working Group refers the present case to the Special Rapporteur on the

situation of human rights in the Islamic Republic of Iran for appropriate action.

34 A/HRC/46/50, para. 54.

35 See www.ohchr.org/en/press-releases/2022/09/mahsa-amini-acting-un-human-rights-chief-urges-

impartial-probe-death-iran20.

36 See www.ohchr.org/en/press-releases/2024/09/iran-intensifying-efforts-repress-women-and-girls-

second-anniversary-nation.

37 See www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/ffmi-iran/FFM-Iran-Update-13-

September-2024.pdf.

38 See, e.g., opinion No. 15/2021.

39 See http://www.ohchr.org/en/press-releases/2022/09/iran-un-experts-demand-accountability-death-

mahsa-amini-call-end-violence. See also opinion No. 21/2023, para. 103.

40 See opinions No. 75/2017, No. 79/2017, No. 35/2018, No. 36/2018, No. 45/2018, No. 46/2018,

No. 9/2019, No. 44/2019 and No. 45/2019.

41 For example, opinions No. 9/2017, para. 33; and No. 82/2022, para. 56.

42 See, e.g., opinions No. 18/2013, No. 28/2013, No. 52/2013, No. 55/2013, No. 16/2015, No. 44/2015,

No. 1/2016, No. 2/2016, No. 25/2016, No. 28/2016, No. 50/2016, No. 7/2017, No. 9/2017,

No. 48/2017, No. 49/2017, No. 92/2017, No. 19/2018, No. 52/2018, No. 83/2018, No. 32/2019,

No. 33/2019, No. 20/2022, No. 46/2022, No. 54/2022, No. 82/2022, No. 21/2023, No. 37/2023 and

No. 53/2024.

A/HRC/WGAD/2025/15

GE.25-08743

11

61.

The Working Group would welcome the opportunity to work constructively with the

Government to address arbitrary deprivation of liberty in the Islamic Republic of Iran. Given

that a significant period of time has passed since its most recent country visit to the Islamic

Republic of Iran, in February 2003, the Working Group considers that it is now an appropriate

time to conduct another visit. The Working Group made a request to the Government on 19

July 2019 to conduct a country visit. The Working Group recalls that the Government issued

a standing invitation on 24 July 2002 to all thematic special procedure mandate holders and

awaits a positive response to its request to visit.

3.

Disposition

62.

In the light of the foregoing, the Working Group renders the following opinion:

The deprivation of liberty of Jina Modares Gorji, being in contravention of articles 2,

3, 7, 9, 19 and 20 of the Universal Declaration of Human Rights and articles 2, 9, 14,

19, 21, 22, 26 and 27 of the International Covenant on Civil and Political Rights, is

arbitrary and falls within categories I, II, III and V.

63.

The Working Group requests the Government of the Islamic Republic of Iran to take

the steps necessary to remedy the situation of Ms. Gorji without delay and bring it into

conformity with the relevant international norms, including those set out in the Universal

Declaration of Human Rights and the International Covenant on Civil and Political Rights.

64.

The Working Group considers that, taking into account all the circumstances of the

case, the appropriate remedy would be to release Ms. Gorji immediately and accord her an

enforceable right to compensation and other reparations, in accordance with international

law.

65.

The Working Group urges the Government to ensure a full and independent

investigation of the circumstances surrounding the arbitrary deprivation of liberty of Ms.

Gorji, and to take appropriate measures against those responsible for the violation of her

rights.

66.

In accordance with paragraph 33 (a) of its methods of work, the Working Group refers

the present case to the Special Rapporteur on the situation of human rights in the Islamic

Republic of Iran, the Special Rapporteur on violence against women and girls, its causes and

consequences, and the Working Group on discrimination against women and girls for

appropriate action.

67.

The Working Group requests the Government to disseminate the present opinion

through all available means and as widely as possible.

4.

Follow-up procedure

68.

In accordance with paragraph 20 of its methods of work, the Working Group requests

the source and the Government to provide it with information on action taken in follow-up

to the recommendations made in the present opinion, including:

(a)

Whether Ms. Gorji has been released and, if so, on what date;

(b)

Whether compensation or other reparations have been made to Ms. Gorji;

(c)

Whether an investigation has been conducted into the violation of the rights of

Ms. Gorji, and, if so, the outcome of the investigation;

(d)

Whether any legislative amendments or changes in practice have been made to

harmonize the laws and practices of the Islamic Republic of Iran with its international

obligations in line with the present opinion;

(e)

Whether any other action has been taken to implement the present opinion.

69.

The Government is invited to inform the Working Group of any difficulties it may

have encountered in implementing the recommendations made in the present opinion and

whether further technical assistance is required, for example through a visit by the Working

Group.

A/HRC/WGAD/2025/15

12

GE.25-08743

70.

The Working Group requests the source and the Government to provide the

above-mentioned information within six months of the date of transmission of the present

opinion. However, the Working Group reserves the right to take its own action in follow-up

to the opinion if new concerns in relation to the case are brought to its attention. Such action

would enable the Working Group to inform the Human Rights Council of progress made in

implementing its recommendations, as well as any failure to take action.

71.

The Working Group recalls that the Human Rights Council has encouraged all States

to cooperate with the Working Group and has requested them to take account of its views

and, where necessary, to take appropriate steps to remedy the situation of persons arbitrarily

deprived of their liberty, and to inform the Working Group of the steps they have taken.43

[Adopted on 3 April 2025]

43 Human Rights Council resolution 51/8, paras. 6 and 9.