A/HRC/25/61
The Bill of Formal Attorneyship was amended under President Ahmadinejad to strip
independence of the Bar by the judiciary, according to Ms. Yazdani. However, the
Government responded that it could not be amended.
But the bill remained in the Parliament and is now back with the judiciary. She is worried
that the same issue may arise.
She would also like to discuss the election for the President of the Bar Association. All
candidates must be vetted and approved by the high Disciplinary Court for judges. In 2011,
28 out of 118 candidates were disqualified. In 2009, 36 of 79 were disqualified. This year,
there are 116 candidates, and many lawyers are worried that the same thing will happen.
The reason she is highlighting this case is because the recent EU delegation in Iran met
with the current President of the Bar Association, but that person is not independent; it is
very important that independent voices be heard.
The major issue for lawyers in Iran is their general lack of immunity. A number of lawyers
are sentenced to imprisonment or to a cash fine each year for insulting the judge or
disrupting order in the court.
There is never a member of the bar association permitted to examine whether such charges
are based on reality or due to the judge’s personal enmity with the lawyer.
In addition to all of this, the judges “have too much power in Iran,” and lawyers are always
denigrated in the court. This is worse for women; the hijab is a way to humiliate female
lawyers.” When women lawyers raise an objection, sometimes judges will counter that the
hijab is not sitting properly, in front of everyone, in order to humiliate them. Authorities
also check lawyers at the entrance of the court room for “proper hijab.”
In political cases she represented (at the Revolutionary Courts), the following are issues
which restrained her ability to present a full / proper defense:
Lawyers are restricted in terms of reading dossiers and presenting proper defenses. Lawyers
are sometimes threatened that they may themselves receive political charges. In one case,
when she tried to defend her client, the judge told her to save her defense of her “own
case,” and accused her of defending the MEK. In the case of students who were attacked in
their dorms in 2009, when she requested a writ from the investigative agent (which is
legal), he told the court guards to refuse her entrance, which they did.
Her clients are sometimes coerced to admit to charges, with methods not related to judicial
process.
After the 2009 elections, lawyers were not permitted to enter the courtrooms in many cases.
Lawyers and clients are often forced to wait for long periods.
Lawyers are also not able to visit their clients before the trial, or sometimes after the trial.
Lawyers often do not receive the written rulings, so that they can appeal if necessary.
Another issue is the expulsion of law professors. Since the election of President Rouhani,
the situation of universities for current professors is better. However, the original expelled
lawyers, including Dr. Mohammed Sharif and Dr. Mohammadi Ghorbani, have not been
reinstated.
In all types’ of cases, political and civil, torture exists, and the right of defense of the client
is not respected, although due process provisions are in the Criminal Code of Procedure.
In the case of drug offenders, they are deprived of “any humane treatment whatsoever.”
They are brought to the court in 10s and 20s in a bus, all in handcuffs and shackled
together. They are forced to sit in the corridor in the Revolutionary Courts in a very
difficult position. They do not have any chance to clean themselves in detention; the
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