United Nations human rights experts Monday hailed lawyers in Iran for their unwavering and courageous commitment to the rule of law ahead of the International Day of the Endangered Lawyer, which is observed January 24.
The Special Rapporteur on the independence of judges and lawyers, Margaret Satterthwaite, and the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, Javaid Rehman, commended the legal professionals for standing up against the government of Iran who has subjected them to imprisonment, torture and disbarment for “defending human rights.”
Article 35 of the Constitution of Iran provides for “right to counsel” wherein all persons are entitled to choose lawyers of their own choice. However, amendments made to the Code of Criminal Procedure of Iran in 2015 led to the implementation of “Note to Article 48,” which restricted defendants charged with “national security” crimes to choose lawyers only from the court-approved rosters. Further, the amendment enabled judicial authorities to delay the access of individuals alleged of “national security” crimes to legal assistance.
Iran is a state party to the International Covenant on Civil and Political Rights (ICCPR); however, it may not have been able to abide by Article 14 of the ICCPR which provides for fair and equal legal proceedings and access to legal aid. In June 2023, the Iran Parliament voted to “investigate” the Iranian Bar Association for assessing the performance of the bar associations; however, it has been perceived as a targeted move to persecute human rights lawyers.
The “Women, Life, Freedom” protests, triggered by the custodial death of Jina Mahsa Amini, resulted in the arbitrary arrests of thousands without warrants, with several individuals facing the death penalty. UN experts applauded the courage of lawyers who, despite inherent dangers, offered legal assistance to protesters confronting criminal charges. The statement highlighted that, since September 2022, 66 lawyers have been arrested and detained to prevent them from representing the protesters. Additionally, the lawyer of Mahsa Amini, Saleh Nikbakht, who represented Amini’s family, was sentenced to one year ofimprisonment by the Islamic Revolutionary Court for conducting “propaganda against the regime.”
In August 2023, Iranian lawmakers approved a new bill mandating bar associations to adhere to decisions issued by the Regulatory Board of the Ministry of Economy. This legislation limited the forum for challenging board decisions, as they could not be contested in the Administrative Justice Court. Furthermore, the Ministry of Economy was granted the power to issue, renew and revoke attorney licenses. These judicial reforms sparked protests from the legal community.
In addition, the fourteenth edition of the Endangered Lawer Report highlighted the pervasive harassment faced by legal professionals in Iran and denounced the precarious situation they face if they practice contrary to the government’s preferences.
