The spokesperson for the Legal and Judicial Commission of the Iranian Parliament states that security defendants, based on changes made to the law, will now only be able to use lawyers 'approved by the Judiciary' during interrogation stages. The newspaper Shargh published a report on Tuesday, July 2, detailing the amendments to the Criminal Procedure Code, which were approved by the Guardian Council on June 17. This report pertains to the right of security defendants to have legal representation during various stages of interrogation and trial, which has undergone changes during the reform of the Criminal Procedure Code. The Shargh reporter notes that the Legal and Judicial Commission initially stripped security defendants of the right to have a lawyer during interrogation, a move that faced opposition from the Guardian Council. According to Mohammad Ali Esfanani, spokesperson for the Legal and Judicial Commission, this decision was 'based on a proposal from the Judiciary,' but the Guardian Council deemed it contrary to Article 35 of the Constitution. Esfanani then stated: 'Ultimately, with the amendment made in the commission, it was approved that, similar to some cases in the Military Judiciary where only specific lawyers can represent defendants, in this case, only lawyers approved by the Judiciary can represent defendants.' The newspaper Shargh referred to this amendment as 'one of the most significant criticisms of the new law' and reports that legal experts believe this provision still violates Article 35 of the Constitution. The front page of Shargh reflects this criticism of the Judiciary with the headline 'Defense of Defendants Conditional on Approval.' However, the spokesperson for the Legal and Judicial Commission claims that this restriction on security defendants 'only pertains to the initial investigation period' and that 'defendants are allowed to use their preferred lawyers after the preliminary investigations are completed.' The new regulation, which came into effect on July 1, states: 'In crimes against national and international security, as well as organized crimes punishable under Article 302 of this law, during the preliminary investigation stage, the parties to the case shall choose their lawyer or lawyers from among the officially recognized lawyers approved by the head of the Judiciary. The names of these lawyers will be announced by the head of the Judiciary.'
Restrictions on Security Defendants' Access to Lawyers During Interrogation Stages
The Iranian Parliament has enacted a new regulation limiting security defendants to lawyers approved by the Judiciary during interrogation stages, a move criticized for violating constitutional rights. This change follows opposition from the Guardian Council to an earlier proposal that completely stripped defendants of legal representation during interrogations. The implications of this regulation raise concerns about the fairness of trials and the protection of defendants' rights in Iran.
👥 Key Players
📰 What Happened
The Iranian Parliament has enacted a regulation limiting security defendants to lawyers approved by the Judiciary during interrogation stages. This change follows previous proposals that sought to strip defendants of legal representation entirely, which faced backlash for violating constitutional rights.
- The amendment to the Criminal Procedure Code was approved by the Guardian Council on June 17.
- The new regulation restricts legal representation during the preliminary investigation stage for crimes against national security.
💡 Why It Matters
📚 Background
Iran's legal system has faced criticism for its treatment of defendants, particularly in security-related cases, where rights are often curtailed. This amendment reflects ongoing struggles over legal reforms and constitutional adherence.
🏷️ Entities Mentioned
Translated from the original and edited for English readers. View original source →
Translation confidence: 85%