Conflicts and wars currently taking place in neighboring countries have resulted in the deaths of thousands and displacement of millions of people. The presence of the Islamic State (formerly known as ISIS) has only added to the violence. In recent days, a wave of protests and demonstrations has taken place in various countries around the world. Most of these protests were in support of the people of Kobani (a Kurdish city on the border between Syria and Turkey) and expressed dissatisfaction with the situation there. Protesters also called for assistance for the city and demanded that the Turkish government take military action to prevent the massacre of its people.

In various cities of Iran, gatherings and marches were held in support of Kobani. For example, in Tehran, in front of the Turkish embassy, hundreds of people, mostly students from various universities in Tehran, gathered. In addition, protests were held in cities such as Mahabad, Sanandaj, Marivan, etc. in support of the people of Kobani. Unfortunately, security forces arrested some of the participants.

According to reports from Harana, on Thursday, October 8th, security forces attacked protesting people in Marivan who were demonstrating in support of the people of Kobani. They used tear gas and batons to beat and assault the people. The security forces were made up of anti-riot forces, police, and members of the Revolutionary Guards.

According to another report by this news agency, after the protests in support of Kobani in Tehran, which took place on Thursday, October 8th in front of the United Nations office on Shahrzad Boulevard and Shariati Street, at least two of the participants were arrested. Asou Rostami and Ali Noori, who had attended the event that day, were arrested near Mirdamad Street and then their homes were searched by security forces and their personal belongings were confiscated.

In addition to these reports, the arrest and detention of several left-wing activists supporting Kobani in Tehran was announced; according to reports published by the Human Rights Reporters Committee, on Monday, October 12, 2014, a number of Kobani supporters were arrested during a gathering in Enghelab Square.

These arrests and detentions are taking place while Article 27 of the Constitution explicitly states: “Formation of gatherings and marches, without carrying weapons, is free as long as it is not against the principles of Islam.”

In addition to not referring to the relevant laws in this principle, there is also no law regarding the organization of gatherings and processions by the Islamic Consultative Assembly, and there is no law with this title.

The discussion of freedom of speech and freedom of assembly and its violation in Iran is an old topic that has been extensively discussed and many articles have been published about it. However, we still witness the crackdown on participants in gatherings and in the latest arrests, as mentioned, an unknown number of participants in gatherings in support of Kobani were arrested in violation of the constitution.

Participants in gatherings have not committed any crimes according to Iran’s domestic laws, yet they are arrested and detained despite their innocence. In reality, the individuals who have arrested them are the ones who have committed a crime.

According to the Constitution, the validity of any gathering or procession is based on its population and the only consideration in holding them is public order and not causing inconvenience for others. Therefore, if a gathering or procession disrupts the order or the coming and going of other people due to its large population, the police are obligated to intervene solely for the purpose of maintaining order and directing pedestrians, and they do not have the right to suppress participants in the procession and gathering simply for participating in them. In addition, the police are automatically responsible for the security of citizens, both supporters and opponents, including participants in processions and gatherings, and cannot shirk this responsibility. Therefore, correspondence with the Ministry of Interior regarding the organization of processions by individuals and institutions is not for obtaining a permit, but for information and maintaining external order and security.

It is natural that if the organizers or participants of a gathering or march commit a violation of not observing the two conditions of Article 27 of the Constitution or a specific act that is considered a crime, they will be subject to criminal prosecution like any other citizen. However, organizing or participating in a peaceful gathering or march, especially if it does not endanger national security, is not subject to criminal prosecution.

According to the provisions of domestic law in Iran, Kurdish people in Iran also have the right to hold gatherings and processions, just like other individuals and communities, and it is not in violation of any laws or contrary to national security. However, despite their legal rights, many participants in recent gatherings have been arrested and their legal rights have been violated.

In addition to the unlawful detention of individuals, arrests have been carried out with violence and often detainees have been subjected to harassment and mistreatment and have faced false charges.