Continued Protests Against the List of 'Trusted' Lawyers by the Head of the Judiciary

The head of the National Union of Bar Associations announced that the list of 'trusted' lawyers by the head of the Judiciary for representing political and security cases constitutes a 'violation' of citizens' rights, creates 'unjust discrimination' among lawyers, and is 'contrary to the Constitution.' Morteza Shahbazinia stated in an interview with ILNA news agency on Tuesday, June 15, that introducing 'a limited number of lawyers' for representation in 'security cases' severely undermines citizens' fundamental rights. He emphasized that this action also creates 'unjust discrimination among lawyers' and generates 'significant rent' for those lawyers included in this list. Shahbazinia further stated that this provision is 'clearly inconsistent' with Article 35 of the Constitution and is 'discriminatory,' leading to corruption. In recent weeks, Judiciary officials have announced the list of 'trusted lawyers' for representing 'security cases' during the 'preliminary investigation (interrogation)' stage. Meanwhile, Amir Reysian, a lawyer, reported on Sunday, June 13, that the Judiciary had informed some lawyers that they 'absolutely have no right to accept representation' in these cases. The next day, the Tasnim news agency confirmed, citing 'an informed source' in the Judiciary, that this list of 20 'trusted lawyers' had been sent to the courts in Tehran, and lawyers had also been introduced for other provinces. This 'informed source' stated that additional lawyers would be added to this list. The announcement of this list is based on the provision of Article 48 of Iran's new Criminal Procedure Code, which has been in effect since July 2015. According to this article, in 'crimes against the internal and external security of the country... in the preliminary investigation stage, the parties to the dispute select their lawyer or lawyers from among the officially recognized lawyers approved by the head of the Judiciary.' Some lawyers, including Nasrin Sotoudeh, have stated that the Judiciary has 'extended this law to primary courts, revolutionary courts, and even appellate courts.' Sotoudeh emphasized that the introduction of this list of lawyers 'eliminates the half-hearted right of defense for political and security defendants and leaves the accused in an atmosphere filled with terror and without defense in the grip of security institutions.' However, Gholamhossein Esmaeili, the head of the Tehran Judiciary, stated that the selection of 'trusted lawyers of the Judiciary' is only for the preliminary investigation stages, where previously 'no lawyer was accepted at all.' Esmaeili emphasized that 'there are no restrictions in the stages of case proceedings in the prosecution offices from the time the indictment is issued.' According to Article 35 of the Constitution, 'in all courts, the parties to the dispute have the right to choose a lawyer for themselves.' However, according to a procedure described by lawyers as 'illegal,' political and civil activists and other individuals detained by the Ministry of Intelligence, the Intelligence Organization of the Islamic Revolutionary Guard Corps, the Judiciary's Protection Information, and other security institutions do not have access to a lawyer during their temporary detention and interrogation. Several lawyers have also protested the announcement of the list of 'trusted lawyers' by the Judiciary in recent days. Some of the lawyers listed have previously been judges and have taken up the profession of law after retirement. Among the 20 lawyers on this list is Hassan Tardast, a retired judge who has issued death sentences in several controversial cases, including the case of Reyhaneh Jabbari. Abdolreza Mohabati, a prosecutor in the mass trials of protesters against the 2009 presidential election, is also among the lawyers introduced in this list. International organizations and human rights defenders have repeatedly accused the Iranian Judiciary of conducting non-transparent and unjust trials, a criticism that is, of course, rejected by the Islamic Republic's judicial authorities. According to reports from ILNA, Tasnim, the Human Rights Campaign website, and Radio Farda.