The Judiciary Must Recognize the Right of Defense for Inmates

Press Release

The new Code of Criminal Procedure has been implemented during recent days however the note of article 48 of the code has caused many reactions among the Iranian lawyers.

According to this note, the inmates of Security and Organized crimes are prohibited from choosing their own lawyers during the interrogation and inquiry process and are allowed to only choose a lawyer out of a list provided by the judiciary. This note is obviously violating article 35 of the constitution of Islamic Republic of Iran and International Human Rights Declaration as well as International Convent on Civil and Political Rights. Surprisingly the note is also violating the Islamic Sharia, according to which one could appoint anybody as his lawyer.

The new Code of Criminal Procedure had been before adding this note considered as a positive step towards justice and respect to civil rights.

The note mentions Security and Organized crimes whereas many law experts believe that there is no specific definition for such crimes and any behavior could be interpreted as a security crime. On the other hand, putting the choice of the lawyers in the head of judiciary’s hands not only is questionable regarding the standards that the judiciary would consider but is against the principle of independence of lawyers and is the direct interfere of the judge in the matter of defense. It is also questioning the impartiality of the judiciary.

With this statement we declare our protest against this note of article 48 as well as article 625 which are against the constitution of the Islamic Republic of Iran, International Human Rights Declaration and other international conventions and call on the authorities to change these articles immediately in order to have better circumstances towards justice and civil rights.

Human Rights Organization of Kurdistan

Human Rights Activists in Iran

Campaign of Baluch Activists

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