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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