A lawyer in an interview with VOA: The Islamic Republic wants to make the practice of law meaningless in Iran
March 27, Defense Lawyer Day in Iran and the 66th anniversary of the independence of the Bar Association, arrived while at least 5 lawyers are imprisoned in Iran.
Hossein Raisi, a lawyer and professor at Cullerton University in Canada, told VOA that the first action taken by the Islamic Republic against lawyers after the 1979 revolution was against the Bar Association. Purging and imprisoning the heads of the Bar Association, preventing elections for the Board of Directors of the Association for 18 years, and ultimately creating numerous obstacles for lawyers and bar associations in Iran have been the constant trend of the regime since the 1979 revolution.
According to Mr. Raisi, the structure of the Islamic Republic considers lawyers to be its opponents and troublemakers, and as long as there is no independent and powerful judicial system in Iran, this process of suppressing lawyers will continue.
Nasrin Sotoudeh is one of the lawyers who has been arrested and imprisoned several times. Ms. Sotoudeh was arrested at her home on June 13, 2018, and was tried in absentia by Branch 28 of the Revolutionary Court, and sentenced to five years in prison on charges of espionage. She was granted bail of 650 million Tomans by the Seventh Investigation Branch of the Evin Prosecutor's Office, following a complaint by the Kashan Prosecutor's Office investigator, for representing a protester against compulsory hijab.
Mr. Raisi also said regarding the imposed lawyers of the judiciary, according to the new Criminal Procedure Code, all individuals have the right to access a lawyer immediately after being summoned or arrested, while according to Article 48 of the Criminal Procedure Code, lawyers of defendants in important and security cases are not allowed to be present at the preliminary investigation stage, except for lawyers who have been selected by a circular letter from the head of the judiciary.
He explained: "Recently, the head of the judiciary announced in a circular the names of lawyers that people can access in political and security cases. All of them are lawyers approved by the judiciary, and in a large city like Tehran, only 20 lawyers and in other cities a limited number of lawyers are allowed to enter such cases. These people are mainly retired judges of the Revolutionary Court or people who have a history of cooperation with the IRGC or a history of cooperation with the judiciary structure."
According to Mr. Raisi, by doing this, the judiciary has severely restricted the right to access a lawyer, the right to a fair trial, and the right to a fair trial in important security cases. Therefore, the trial will not be fair at all unless the parties to the trial, including the prosecutor and the accused, are equal in their ability to access legal resources and familiarity with legal issues.
According to this lawyer, the Iranian government and the judiciary are trying to make the practice of law meaningless and empty by taking measures such as establishing a parallel institution to the Bar Association, imprisoning lawyers, or not allowing people to access lawyers in security cases.
He also added: "The securitization of the prevailing atmosphere and the filing of cases against lawyers have made them afraid of being involved in security cases. This behavior is precisely the type of behavior that has disrupted the practice of law and has practically disrupted the people's right to be informed, access to documents, evidence, and a fair trial."
Mohammad Najafi, a lawyer for the imprisoned lawyer, is one of the lawyers who was accused of “disturbing public opinion” after writing a letter to the leader of the Islamic Republic of Iran. In September of this year, Mr. Najafi published a letter on his Facebook page to Ayatollah Khamenei criticizing the policies of the Islamic Republic, stating: “Mr. Khamenei, our generation is your scapegoat.”
The imprisoned lawyer has been charged with the repeated charge of "disturbing public opinion" in his fourth case, despite having previously been sentenced to four years in prison. He was also sentenced to 10 years in prison in his third case for "accusing himself of propaganda activities in favor of groups and organizations opposed to the regime, insulting the leadership, and cooperating with hostile governments through interviews with foreign media and transmitting news and information."
According to Mr. Raisi, widespread corruption in the judiciary has prevented a group of lawyers from performing their legal duties as a wing of the angel of justice with full competence and away from the prevailing corruption. This has caused reputable, honest, and honorable lawyers to be marginalized and less able to carry out their accurate and professional activities.
Amirsalar Davoudi, a lawyer at a courthouse, is one of the lawyers who has represented a number of political and ideological prisoners in recent years, including Soheil Arabi. He was arrested in December of this year when judicial officers visited his office and transferred him to Evin Prison.
Payam Darfashan, Arash Kaykhosravi, Ghasem Sholeh Saadi, Farrokh Forouzan, and Hoda Amid are among the lawyers who have been arrested and sent to prison this year.
Amnesty International called last year a "year of shame" in terms of the human rights situation in Iran, saying that Iranian authorities engaged in a shameful campaign in 2018 to suppress protesters and widely arrest critics. Part of the report states that 11 lawyers were arrested in Iran last year.
Source: Voice of America
