“The sun is setting over the horizon.”
Mohammad Moghimi

Fair trial is one of the important and challenging issues in human rights, rooted in the principle of innocence and guaranteeing the freedom, security, dignity, and right to life of citizens in any society. The foundation of criminal cases, especially in pre-trial rights, is dependent on the performance of law enforcement officers. Therefore, their critical role can change the fate of a criminal trial and jeopardize the fundamental rights of citizens who have been accused. This issue has also been faced with its own unique challenges in our country, including proper implementation of laws (rule of law), establishment of judicial police, specialized training for law enforcement officers, cultural awareness, and adherence to international standards outlined in human rights documents.

The right to defense is divided into two stages: pre-trial and trial. The role of judicial officers in pre-trial rights is more strategic than during the trial. Pre-trial rights include: the right of detained individuals to access case information, the right to have a lawyer, the right of detained individuals to access the outside environment, the right to immediate presence before a judge, the right to object to the legality of detention, the right to a timely trial or release until the trial, the right to facilities and sufficient time for defense preparation, the right to remain silent, the right to humane detention conditions and freedom from torture, and so on.

The right to defense through a chosen lawyer is one of the ways to support the rights of suspects and defendants and ensure a fair trial in pre-trial stages and during the trial. In domestic laws of countries and international human rights documents, the right to freely choose a lawyer is mentioned as one of the principles of fair trial. The assistance of a lawyer is one of the primary ways to guarantee the protection of human rights for defendants, especially the right to a fair trial. Every defendant has the right to legal assistance to ensure the protection of their rights and defend themselves.

According to Part “D” of Article 3 of the Civil and Political Rights Covenant, Part “J” of Article 1 of the African Charter on Human Rights, Parts “D” and “H” of Article 2 of the American Convention on Human Rights, Part “J” of Article 3 of the European Convention, Part “D” of Article 4 of the Yugoslav Court Statute, Part “D” of Article 4 of the Rwandan Constitution, and Part “D” of Article 1 of the International Criminal Court Statute, the right to freely choose a lawyer during trial is recognized, but this right is not mentioned in pre-trial stages. However, the principles of the role of lawyers and Rule 93 of the European Rules also recognize the right to choose a lawyer during pre-trial stages.

Article 35 of our country’s Constitution also refers to the right to choose a lawyer during trial and stipulates: “In all courts, the parties have the right to choose a lawyer for themselves, and if they are unable to choose a lawyer, facilities must be provided for them to appoint one.” However, Article 48 of the Criminal Procedure Code, passed in 2013, also emphasizes the right to choose a lawyer in pre-trial stages and states: “With the start of being under supervision, the accused can request the presence of a lawyer. The lawyer must meet with the person under supervision, taking into account the confidentiality of investigations and negotiations, and can provide their written observations at the end of the meeting with the accused, which should not exceed one hour, to be included in the case file.” This legal article is in line with the realization of fair trial and the right to have a lawyer in pre-trial stages and from the moment of being under supervision, and it pays