The UN’s special investigator on human rights in Iran, has expressed his fears over a new Iranian regime bill that threatens the independence of lawyers.
The regime’s Formal Attorneyship Bill aims to set up a ‘supervisory board’ made up of Iranian officials that would have the power to issue and suspend lawyers’ licenses, Ahmad Shaheed, the UN Special Rapporteur on the Situation of Human Rights in Iran, warned.
The International Bar Association’s Human Rights Institute had also issued a press release expressing ‘grave concern’ over the draft bill and is urging the Government to withdraw it, he said.
Mr Shaheed wrote on his website: “The government’s recent decision to resume the process of adopting the Formal Attorneyship Bill, by presenting it to the parliament, has reignited concerns among Iranian lawyers and jurists over the potential impact of the proposed bill in further undermining the independence of lawyers in Iran.
“In June 2013, when the Government suspended consideration of the bill, I welcomed the decision, and I encouraged the Government to fully withdraw the bill.
“Unfortunately, this June the cabinet of the current administration amended and adopted the judiciary’s draft of the bill, and submitted it to the parliament for approval in September. The judiciary, seemingly discontented with the administration’s changes to the bill, has also submitted its own version of the bill to the parliament.”
Dr. Shaheed said: “The current draft of the bill apparently undermines lawyers’ independence, as it envisions a Supervisory Board that would have the authority to issue and suspended attorneys’ licenses.”
“The Supervisory Board would consider appeals from various government officials – including the head of the judiciary and the Intelligence Ministry – and the Supreme Disciplinary Court for Judges would be able to rule for license revocation.”
He added: “The International Bar Association’s Human Rights Institute (IBAHRI) also issued a press release expressing ‘grave concern’.”
IBAHRI co-chairwoman Helena Kennedy was quoted on his website as saying: “Lawyers cannot adequately and properly perform their duties while subject to external interference and controls over their ability to practice.”
Mr Shaheed went on: “In February 2014, while speaking to the Iranian Bar Association, President Rouhani stated that ‘a lawyer should be immune from any prosecution for carrying out its professional duty, and the investigative authority for the lawyers’ professional issues and problems is the Bar Association’
“I also share this view and hope that authorities will take all necessary measures, including amending or withdrawing the current bill, to ensure that independence of the Bar Association and of lawyers is materialized in both law and practice.”