A/HRC/28/70
intervention and influence, thus encroaching on the independence of the Bar Association. 11
For example, in articles 33 and 37 the Bill provides for the establishment of a supervisory
board that would work with the Ministry of Intelligence and the intelligence and protection
centres of the judiciary to assess lawyers’ qualifications for a licence to practise and for
membership in the Supreme Council and the Board of Directors of the Iranian Bar
Association. The Supervisory Board, comprised of representatives from the executive and
judiciary branches and five lawyers chosen by the Bar Association and approved by a
committee comprised of the heads of the Supreme Disciplinary Court for Judges, could
initially suspend licences. The Supreme Disciplinary Court for Judges would possess the
authority to revoke licences (arts. 55, 33 and 34 of the Bill).
24.
The Bar Association’s elections for its board of directors are already subject to
significant government influence. Candidates for the biennial elections are approved by the
Supreme Disciplinary Court for Judges, which reportedly communicates with the Ministry
of Intelligence about candidates’ eligibility.12 The most recent election for the board of
directors took place on 13 March 2014, during which the Supreme Disciplinary Court for
Judges initially disqualified 29 candidates,13 including three board members and 14
candidates who had qualified for past elections.14
25.
The Bar Association is currently responsible for licence renewal, but reportedly
lawyers must pay a mandatory fee to the judiciary to renew their licence.15 Requests for
licences to practise or for law students to participate in internships are also subject to
approval by the country’s security apparatus. Situations of law students being disqualified
for student activism or being asked to pledge to avoid activism have been reported.
Officials from the Ministry of Intelligence reportedly have a constant presence at the Bar
Association.16
26.
Since June 2009 at least 50 lawyers have reportedly been prosecuted for
representing prisoners of conscience or political and “security” prisoners. 17 Numerous
Iranian lawyers have expressed concern about the failure of the Bar Association and its
board of directors to defend its own lawyers, owing in part to the Association’s lack of
independence.18 Human rights lawyer Hossein Raeesi has expressed concern regarding the
extent of judicial and security influence on the legal community, particularly outside of
Tehran and among ethnic-minority lawyers, in contributing to a climate that discourages
lawyers from accepting national security cases lodged against political and security
defendants and prisoners of conscience. For example, the board of directors of the Bar
Association of West Azerbaijan Province suspended the licence of a Kurdish human rights
lawyer, Masoud Shamsnejad, who had represented Kurdish political prisoners, after which
11
12
13
14
15
16
17
18
8
Shargh (semi-official news), http://sharghdaily.ir/Modules/News/PrintVer.aspx?Src=Main&News_
Id=43569; Centre for Supporters of Human Rights, http://cshr.org.uk/human-rights-portal/2692.
Centre for Supporters of Human Rights, “Mr. Hossein Raeesi, human rights lawyer”, 22 December
2014, http://cshr.org.uk/human-rights-portal/2692; Rooz Online, www.roozonline.com/persian/
opinion/opinion-article/archive/2013/may/02/article/-4723ff2b43.html and www.roozonline.com/
persian/opinion/opinion-article/archive/2014/march/18/article/-9c61eff539.html.
Shargh, http://sharghdaily.ir/Modules/News/PrintVer.aspx?Src=Main&News_Id=30658, and the
official website of Parliament, 17 August 2010, http://rc.majlis.ir/fa/legal_draft/show/781457.
Shargh, http://sharghdaily.ir/Modules/News/PrintVer.aspx?Src=Main&News_Id=30658, and the
Iranian Student News Agency, isna.ir/fa/news/92120200683/.
Centre for Supporters of Human Rights, “Mr. Hossein Raeesi”.
Ibid. See also Rooz Online, 18 March 2014, www.roozonline.com/persian/opinion/opinionarticle/archive/2014/march/18/article/-9c61eff539.html.
Centre for Supporters of Human Rights, “Mr. Hossein Raeesi”.
Ibid.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents