
Unjust discrimination, imposed injustice / Zeynab Taheri
This is a picture of a beautiful flower.
Zainab Taheri
Article 48 of the Criminal Procedure Code, passed in 2013, had suspended the right of the accused to meet with their lawyer for one week after being placed under surveillance for organized crimes, crimes against national or international security, theft, drug trafficking, and crimes listed in paragraphs (a), (b), and (c) of Article 302 of this law. This article was amended on 14 June 2015 as follows: “In crimes against national or international security and organized crimes punishable under Article 302 of this law, during the preliminary investigation stage, the parties to the case may choose their lawyer from among the official lawyers approved by the head of the judiciary. The list of these lawyers will be announced by the judiciary.”
Preparing a list of approved lawyers by the head of the judiciary raises concerns about the dependency of the defense institution on the investigation and prosecution institution; contrary to Article 35 of the Constitution of the Islamic Republic of Iran, which guarantees the right to freely choose a lawyer and emphasizes the importance of choosing an independent lawyer. Selecting a dependent and non-independent lawyer renders this right meaningless. However, this provision limits this right to choosing from among the approved lawyers by the head of the judiciary in criminal cases. None of the principles of the Constitution regarding the judiciary mention the role of lawyers, rather, the right to legal representation is a right of the people enshrined in the Constitution. Publishing a list of approved lawyers by the head of the judiciary is not one of their duties according to the Constitution.
The mentioned provision is not only against citizens’ rights, human rights, and international conventions, but also violates the principles of Islamic legal rights and the fundamental principles of the country, such as the right to have a lawyer and the right to freely choose a lawyer. All defendants should be able to freely choose their own independent lawyer, who can defend them without fear of limitations or government interference. The client should trust their lawyer’s expertise, commitment, experience, and spirit, rather than relying on the judge’s trust. Implementing this provision would violate the rights of the people, promote unjust discrimination, impose unjust burdens, and be unenforceable.
Tags
Monthly Peace Line Magazine peace line Zainab Taheri