Critics’ lawyers are the target of the wrath of those in power / Mohammad Moghimi

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September 14, 2024

Critics’ lawyers are the target of the wrath of those in power / Mohammad Moghimi

This is a picture of a beautiful flower.[/caption]

این عکس یک گل زیباست.

This is a picture of a beautiful flower.
Mohammad Moghimi

Experience has shown that after revolutions, lawyers and the legal profession have always been subjected to revolutionary cruelty. For example, after the French Revolution, the Bar Association of this country was dissolved for a period of time. Napoleon, who considered the eloquence, courage, and bravery of lawyers as a threat to his tyrannical and monopolistic power, reacted to the bill to re-establish the Bar Association, which had been submitted to him by the Minister of Justice, Cambacérès, by saying: “This bill is not rational… As long as I have the power, I will never sign such a law. I want to silence the voice of any lawyer who speaks against the government.” In our country, too, after the revolution, several years passed before the Bar Associations were closed and many courts refused to accept lawyers, contrary to Article 35 of the Constitution and international human rights documents. However, in the process of imposing their will on the law, governments use the law and rights to

Therefore, especially after the revolution, lawyers have always been at risk in fulfilling their professional and social roles, especially from those in power. Lawyers have been arrested, tried, and punished multiple times for carrying out their legal and professional duties. Recently, with the intensification of protests and public criticism of the political and economic situation in the country, and as a result, the society becoming more insecure, we are facing increasing confrontation with lawyers. These confrontations are due to the influential and determining role of lawyers in legal, social, political, cultural, and other matters.

The lawyer is obligated to fearlessly bring up any argument or question that they believe will be effective in advancing their client’s case, even if it is not favorable to the opposing party or those in power. Furthermore, in a broader sense, the lawyer must strive to earn the respect of the public and work towards improving the justice system. This commitment to professional activities is not limited to the lawyer’s profession. In fact, it is a type of social responsibility that arises from their position in society. The responsibility of a lawyer is heavier than that of other citizens. Therefore, a lawyer should not hesitate to fulfill their duty in the face of injustice or unfairness, and should always strive to promote human rights and citizenship rights without giving up any effort.

Furthermore, accepting the profession of law and continuing it requires a fundamental commitment from the lawyer towards the concept of justice and the rule of law within a fair and organized system. On the other hand, the effective performance of judicial institutions is essential in gaining the respect of citizens towards the judicial system, and continuous efforts must be made to improve the administration of justice and maintain and expand the people’s respect for the judiciary. It is evident that a lawyer, with their knowledge, skills, opportunities, position, and experiences, can observe matters and discover the strengths and weaknesses of the law, legal institutions, judiciary, and public institutions. Therefore, a lawyer must be at the forefront of criticizing various forms of power and working towards reforming the legal system. A lawyer who advocates for legislative and administrative changes for the benefit of society must clarify whose interests are at stake.

In some situations, a lawyer should not have contact with the media, while in other cases, it is their duty to establish communication with the media in order to serve their client or fulfill their social role and influence public opinion as one of the guarantees of human rights. In cases where a lawyer is obligated to communicate with the media, especially in administrative or specialized courts (such as revolutionary courts), it is related to government policies and authority and therefore is subject to public opinions.

All legal and moral responsibilities mentioned above have made the lawyer liable and put them in danger. However, for this reason, the legislator has made efforts to support the lawyer and the institution of advocacy, and according to Article 3 of the Single Article adopted by the Expediency Discernment Council on 11/7/1370, it has been stipulated that: “The lawyer, in the position of defense, must respect and secure the rights of the judiciary.” It is hoped that we will witness a return to rationality in the administration of the country, and not only will imprisoned lawyers be freed, but also the opportunity to utilize this educated class in better management of affairs and solving social problems will be provided.

Created By: Mohammad Moghimi
September 23, 2018

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