A/HRC/25/61
B.
Independence of lawyers
66.
As found by the Working Group on Arbitrary Detention in 2003,57 the Special
Rapporteur notes that lawyers are intimidated, detained and prosecuted for carrying out
their professional responsibilities in defence of their clients.
67.
More than 42 lawyers have reportedly faced detention, prosecution or harassment by
security forces since 2009. Several have been stripped of their professional licences by the
courts. Several lawyers also reported that they and their colleagues were often harassed or
intimidated by judicial and/or intelligence authorities for carrying out their work, including
for their defence of political (“security”) detainees. They also reported that, in more serious
cases, judges threatened lawyers with prosecution for their work and that they were charged
and/or had been sentenced for “insulting” judges or “disrupting the court” in apparent
retaliation for their professional defence of individuals accused of political or “security”
crimes.58
68.
Mohammad Olyaei Fard, a human rights lawyer, reported that, in one of his cases, a
judge ordered a prosecutor to file charges against him for publicizing false information
about the Ministry of Intelligence, and requested that the bar association revoke his license
in response to his assertion that his client’s confession had been obtained under duress and
was therefore inadmissible. Mr. Olyaei Fard also reported that he also had to represent a
lawyer colleague, Abdol Fatta Soltani, who is currently imprisoned, when Mr. Soltani was
prosecuted for submitting allegations of torture on his client’s behalf.
69.
Lawyers also reported that judicial and/or intelligence authorities intimidated
lawyers or otherwise prevented them from carrying out their work by, for example,
withholding necessary and relevant case documents or preventing timely face-to-face client
meetings. One lawyer reported that, on several occasions, judges had refused entry to the
courtroom when the lawyer attempted to make procedural requests, and had been
threatened, in many cases by the judges themselves. The same lawyer also reported that,
when attempting to present his/her defence in a “security” case, a presiding judge told the
lawyer to “save it for your own trial”. The lawyer further reported that, in another trial
where a group of women alleged having been raped by members of a criminal gang, a judge
commented at the end of the trial that the plaintiffs certainly “also had something to do with
it”, despite the conviction of the men. When the lawyer requested a record of the judge’s
statement for the purposes of filing an official complaint, the judge threatened to charge the
lawyer instead. The lawyer also claimed having witnessed judges denigrate female lawyers
by, for example, ignoring procedural objections or requests made by the lawyers and, in
turn, demanding that they adjust the positioning of their head covering or by having
courtroom security guards do it.
70.
According to sources, incidents against lawyers such as those mentioned above have
led to a decline in the number of those willing to take on sensitive cases. The lawyers that
do accept such cases are either in prison, have fled the country or in constant fear of arrest
or other negative repercussions.
71.
Lawyers also reported that this culture of intimidation deters them from raising
reports of torture in their clients’ defence for fear that judiciary and security forces might
retaliate, including through prosecution or the revocation of their professional license, and
57
58
16
E/CN.4/2004/3/Add.2.
Information was based on an interview conducted by the Special Rapporteur with an Iranian lawyer
on 20 December 2013. The source’s background was vetted prior to the interview, and all information
provided was cross-checked with outside sources for credibility, accuracy and internal consistency.
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