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Osman Mozin

In terms of legal and foundational aspects, respected lawyers have extensively discussed the issues and problems arising from the clause below Article 48 of the Criminal Procedure Code and the very limited and strange list published by the Judiciary for the approved lawyers’ fees for defending defendants in political and security cases during the investigation stage. However, as the owner of this pen, aside from the perspective of a legal scholar and lawyer, my opinion is this:

What does the term “trusted attorney of the judiciary” mean?

Shouldn’t a lawyer be trusted by that authority?

Why does the judiciary have to determine the lawyer in political and security cases?

Does the judiciary ever get involved in political matters?

Will the contamination of the judiciary system be a threat to its health and impartiality?

Is the entry of the judiciary into political factions and ideologies and tendencies not a departure from the circle of justice?

Paying attention to the rights of all people is a fundamental policy, and as a result, all people have the right to defend political defendants and it is surprising that some consider themselves qualified to enter the political arena, but prevent others from doing so. If politics is bad, why don’t political leaders distance themselves from it? The security of a society belongs to all the people of that society and land, and all people have the right to enter it and all lawyers can participate in those cases.

But erecting barriers and restrictions for lawyers to access all cases is not a new event and has happened before, including:

Firstly, this very bad legal provision exists in the military court procedure (Article 625 of the Military Court Procedure Law) which states that only approved lawyers of the military court in each city or province have the right to accept representation in cases related to political and security matters. This means that the lawyer of the accused in political and security charges is chosen by the military court itself and the defendant does not have the right to choose a lawyer from among licensed lawyers. In each province, a group of lawyers have the right to enter these cases, unfortunately, they have set exorbitant fees for themselves, even beyond the standard rates, and now they advertise themselves as military court lawyers in the media and are easily accessible through search engines like Google.

Secondly, in the special court for clergy, for years there has been prevention of non-clergy lawyers entering this court and handling its cases, but so far no one has objected to this and it seems that the clergy who have been prosecuted in this court have accepted this matter.

The dissemination of a list of approved lawyers by the head of the judiciary to defend suspects in political and security cases is a violation of the rights of citizens to access independent lawyers and receive fair and just trials, and it reeks of discrimination and inequality. The focus on the list of approved lawyers in one case, in the province of West Azerbaijan, supports the gross discrimination against lawyers and citizens in this province. In this province, where according to reliable statistics, more than 60% of the population are Kurdish speakers, a list of 34 lawyers from the Bar Association and the Judicial Advisory Center in this province has been published, in which the name of no Kurdish lawyer is visible; while it is impossible for Kurds in this province – who make up 60% of the population – to not have any political or security cases. Discrimination between Kurds and non-Kurds in the province has also spread to the selection of approved lawyers by the head of the judiciary. Interestingly, in the 5

It is hoped that by considering the progress of legislation in developing societies, we will witness the removal of this clause and similar legal provisions from the country’s criminal laws, in order to respect the rights of suspects – especially in political and security matters, which the entire government is facing.