Travel and generally moving from one place to another has been a part of human behavior since ancient times, and it can be said that the right to freedom of movement is considered one of the natural, primary, and fundamental rights of human beings. Although with the formation of nation-states within the framework of modern political units, this right to travel has become limited and subject to legal formalities and obtaining permission from authorized authorities, it is still recognized and every individual has the right to travel to any point in the world, in accordance with national and international rules, as long as they comply with legal formalities and are not discriminated against.

The importance and position of the right to freedom of movement is such that it is recognized and referred to in the Universal Declaration of Human Rights, which is considered the expression of the fundamental and inherent rights of all human beings. According to Articles 1 and 2 of Article 13 of the Universal Declaration of Human Rights: “1- Everyone has the right to freedom of movement and residence within the borders of each state. 2- Everyone has the right to leave any country, including their own, and to return to their country.” The four principles of Article 13 of the International Covenant on Civil and Political Rights also address this issue: “1- Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence. 2- Everyone shall be free to leave any country, including his own. 3- The above-mentioned rights shall not be subject to any restrictions except those which are provided by law,

Apart from movements such as migration, seeking refuge, or long-term residency for the purpose of education or work, other movements that are commonly known as travel fall mainly under the definition of tourism. According to the United Nations World Tourism Organization (UNWTO), a tourist is someone who travels to a country or city other than their usual place of residence for a period of time that is less than 24 hours and more than one year, and their purpose of travel is for leisure, rest, sports, visiting relatives and friends, business, missions, attending seminars or conferences, medical treatment, study and research, or performing religious rituals. After the right to movement and travel, what is of great importance is the right of tourists to enjoy fundamental rights and freedoms that are recognized and legally protected for every individual, regardless of nationality and citizenship. The principle is that tourists have all the rights that are granted to citizens of the destination country, and only civil and political rights that are specific to the citizens of each

Despite all the mentioned measures to guarantee the rights of tourists and protect them from any harm, especially from government officials and agencies, it is unfortunately observed that some governments, by disregarding their international obligations towards citizens of other countries who visit their territories as tourists, and with a suspicious eye towards any individual from countries they consider as enemies, use tourists, who are mostly ordinary citizens with no organizational affiliation with their government, as a tool to pressure the mentioned governments. By accusing them with vague and general charges and through an unfair and non-transparent process, they essentially turn a tourist into a hostage.

It is very unfortunate that the government of the Islamic Republic of Iran is also counted among these types of regimes. If we ignore the statements of some of its officials recommending hostage-taking and mentioning the benefits and merits of this action, and consider them as immature opinions and personal views, we cannot turn a blind eye to what has happened in practice and is in front of the eyes of the whole world, and we cannot describe and mention its examples in this writing. Regardless of political goals and adventurous motives and disregard for international human rights standards, the existence of broad criminal laws and interpretive authorities that are difficult and unimaginable for both the general public and legal experts, also leads to the unawareness and happiness of tourists who have traveled from all over to spend pleasant and memorable days, to be burdened with the closure of their luggage. A look at Article 12 of the Law on Protection of Promoters of Good and Preventers of Evil makes this fact even more apparent. In this article, the duties

What was said is a brief description of the legal dimensions of a tourist’s presence in a foreign country and the legal risks that they may face when traveling to a country where human rights are not a priority in the governing system. However, what is beyond the writer’s ability to describe is the shame that, in the international arena, we, the people belonging to that disorganized system, are seen as a story full of tears.