Mohammad Saleh Nikbakht is a prominent lawyer and defense attorney, well-known in Iran. He is a human rights activist and a member of the Association for the Support of Prisoners. He has a long history of handling important and controversial cases in the country and currently represents several detained members of the Syndicate of Workers of the Tehran and Suburbs Bus Company.
In this issue of the Peace Line, we spoke with him about the state of freedom of expression in the country and the legality of the heavy sentences recently issued for labor activists, civil society members, human rights defenders, women, and journalists. The text of this conversation follows below.

According to current laws in the Islamic Republic, to what extent do citizens have the freedom to act and gather, form groups and unions to express their demands? How does this level of freedom compare to international standards?

In the constitution, the formation of parties, associations, trade unions, political and Islamic organizations, and recognized religious minorities have been declared free. In the Parties Act, which was passed in 1981, conditions for the formation of parties and political groups and their activities have been predicted, which has limited the scope of party activities and formation. Therefore, until now, the formation of parties and groups has been limited to those that are mostly seasonal and temporary during parliamentary elections and have been active for the past 38 years. In practice, it must be said that this circle is getting narrower every day and is limited to those who approve of the government, and there is no place for any party, group, or organization (even with an Islamic ideology) that opposes this situation. Even the activities of the Freedom Movement, which is the oldest Islamic political organization in Iran with over 60 years of experience, or other political-religious parties and groups under the name of national-religious or other national and

In recent days, there have been multiple reports of heavy sentences being issued against labor, civil, journalist, women, and human rights activists; what are the usual charges brought against these individuals by the judicial system? And what evidence do they present for these charges?

Do you know about the process of holding a court for these individuals? Under what conditions and in what space are the cases examined and judgments issued?

The reality is that until 2015, although there were some restrictions, they did not prevent lawyers from accepting representation and defending their clients. In 2013, the Iranian Parliament, in its previous term, attempted to pass a criminal law suitable for the current situation, as well as a criminal procedure law that would provide the necessary procedures for handling cases. This was approved and for the first time, a person who is arrested, regardless of the charges, has the right to have a lawyer present during all stages of the proceedings, including preliminary investigations, even if the person is in the custody of security and intelligence agents, or during questioning by interrogators. This law immediately faced opposition and as a result, under Article 48 of this law, a clause was added stating that in security crimes and several other types of crimes, the lawyer must be approved by the head of the judiciary, Mr. Sadegh Larijani. This issue created numerous problems from the beginning. In this way

Have these individuals or their lawyers objected to the issued judgments? To what extent are the statements made in support of not needing a retrial legally valid? Considering that for several individuals, especially students, despite the objection of the accused to the issued judgment, a final verdict was issued without holding a retrial session.

Regarding this section, your question is probably related to a topic that was recently removed at the request of Mr. Reisi and the leadership of the government. I must say that it was provided for in the new Criminal Procedure Code; in crimes that are punishable by fixed penalties, such as drinking alcohol, committing acts against chastity, or carrying out a retribution sentence, or in cases of crimes such as murder or non-intentional crimes that are subject to paying more than half of the blood money, it is conditional that the blood money be more than half and also in cases of fourth and fifth degree disciplinary offenses that the legislator has stipulated absolutely, and in cases of sixth and seventh degree disciplinary offenses, if convicted of imprisonment, and also in other cases, a new hearing must be held with the presence of a lawyer, the accused, the plaintiff, and their lawyer. Of course, this was a very good thing and in fact, the appellate courts played a good role because it

Contrary to the usual procedure of trials, what is the purpose of detentions related to issuing a verdict or issuing heavy bails outside of customary practices? Generally, on what basis is the amount of bail determined?

As I mentioned before, this criminal procedure law somewhat prevented unlimited actions towards depriving the rights of the accused. In the new law, for cases where the punishment is execution, as well as cases where the punishment is life imprisonment or capital punishment, or life imprisonment or crimes of cutting off limbs where the blood money is half of the full blood money, temporary detention for 2 months was considered. If there is a valid reason for the detention to continue, the investigator can extend it. For other crimes, the maximum duration of temporary detention is one month, and if there are valid reasons for extension, it can be extended. In cases like murder, where releasing individuals who are seriously and clearly accused of murder and the accused is certain to be executed, naturally if any bail is issued, they will escape. Because they know they have committed murder, for this reason, this law, which has provided for a maximum of 2 months of temporary detention, has faced problems and judges and courts do not

In your opinion, is the current situation (density and intensity of rulings) and especially the harsh treatment of labor activists and detainees on Labor Day a normal occurrence, or does it contain a message for activists in this field?

I want to continue the previous explanations and also mention what you said about the issuance of new sentences regarding Ms. Amiri, Ms. Jafari, and others who were satirists, as well as the workers and activists from Khuzestan whose cases have been transferred to Tehran, and the issuance of sentences for those who unveiled their hijab. This is not right in terms of the severity and legality, as punishment should be proportional to the crime. What has happened to the journalists is one of the extraordinary issues. The Islamic Republic also has journalists who seek news and publish very strange and bizarre news. Certainly, without these journalists making an effort and being present on the scene, they cannot send such news. The duty of a journalist is to inform and provide information to the people. It is not right to condemn a journalist like Ms. Amiri, a journalist from the East, simply for being present at the workers’ rally in front of the parliament, even if all or some of

Thank you for the time you have dedicated to the peace process.