Iran: New Directive Allows Iranian Judiciary to Control Lawyers Through Disciplinary Body

17/12/20

Paves Way for Arbitrary Discipline; Likely to Be Used against Human Rights Lawyers

Further Blow to Iranian Legal Profession’s Independence

In a new assault on the already diminished independence of the legal profession in Iran, a new directive has been issued by the judiciary that allows it to investigate complaints against lawyers, sidestepping the Iranian Bar Association’s own tribunal for such investigations and effectively asserting judicial control over any attorney in Iran.

The directive will open the door to the arbitrary disciplining of lawyers by the judiciary, and is likely to be used against human rights lawyers, according to Iranian legal experts.

Previously, any complaints against attorneys were investigated by the Bar Association’s own disciplinary tribunal. Now, complaints can be handled by the judiciary’s own court for judges, stripping the association of independence from a judiciary that is controlled by Iran’s security agencies.

On November 14, 2020, Mohammad Mosaddegh, the Iranian judiciary’s deputy chief for legal and parliamentary affairs, issued the 11-point directive to the heads of justice departments in all provinces, in order to enforce Judiciary Chief Ebrahim Raisi’s earlier mandate to put new restrictions on the legal profession.

Raisi’s mandate, “Honoring and Promoting the Status (of lawyers), Transparency of Lawyers’ Monetary Contracts and the Creation of a System for Proposals from Lawyers” was issued on May 19, 2020. Several months later, on October 14, 2020, Mosaddegh announced the creation of a new judicial body “to exercise effective supervision over lawyers.”

At a seminar revealing the new body, the deputy stated: “The General Office for the Supervision of Lawyers, Experts, Family Counselors and Official Translators has been created under the Office of the Deputy Judiciary Chief for Legal and Parliamentary Affairs, whose representatives will be appointed to every justice department in the provinces to coordinate and supervise lawyers, experts, counselors and official translators throughout the country.”

The new regulations must be followed “to confront violations,” Mosaddegh added.

[…]

https://www.arabnews.com/node/1778956/middle-east

https://agenceurope.eu/en/bulletin/article/12625/21

https://eeas.europa.eu/headquarters/headquarters-homepage_en/90776/Iran:%20Speech%20on%20behalf%20of%20HR/VP%20Borrell%20in%20the%20European%20Parliament%20plenary%20debate%20on%20the%20case%20of%202012%20Sakharov%20Prize%20laureate%20Nasrin%20Sotoudeh

https://www.europarl.europa.eu/news/en/press-room/20201211IPR93641/human-rights-breaches-in-china-and-iran

https://en.radiofarda.com/a/more-than-12-000-lawyers-in-iran-reject-move-to-dismantle-bar-association/30590110.html

https://en.wikipedia.org/wiki/Iran_Central_Bar_Association#:~:text=The%20Iran%20Central%20Bar%20Association,consists%20of%20over%2020%2C000%20lawyers.

https://www.forbes.com/sites/risasarachan/2020/12/16/documentary-nasrin-secretly-filmed-in-iran-to-highlight-iranian-human-rights-activist-nasrin-sotoudeh/?sh=4f8c10736777

https://progressive.org/dispatches/nasrin-sotoudeh-for-the-defense-rampell-201217/

https://pen.org/event/nasrin-sotoudeh-the-mandela-of-iran/

https://blog.cartoonmovement.com/2020/12/global-cartoon-campaign-in-support-of-nasrin-sotoudeh.html

https://www.bbc.com/persian/iran-55357379 (FARSI)

http://www.avocatparis.org/Disparition-du-barreau-iranien (FRANCAIS)

https://fr.wikipedia.org/wiki/Association_du_barreau_iranien

https://notizie.tiscali.it/esteri/articoli/iran-commissione-ue-liberare-nasrin-sotoudeh/ (ITALIANO)

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