following its disestablishment after the Iranian Revolution and its subsequent reinstitution, the
Bar Association has been put under increased Judiciary’s governance.25 Additionally, the Iranian
Government has repeatedly attempted to amend bylaws of the Bar Association and reduce the
independence of lawyers.26 27 28 29 Most recently, a draft bill presented in May 2020 would
replace the Bar Association with the “Supreme Council of the Coordination of Lawyers’
Affairs”, which would be composed of Government appointed judiciaries.30 The Bar
Association was not involved in the drafting process of the text. 31 As of January 2021, the bill is
still under consideration.
The Judiciary is in charge of investigating the qualification of lawyers and confirming the
issuance of licenses to newly qualified lawyers.32 In November 2020, the Judiciary issued a
directive allowing it to investigate complaints against lawyers instead of the Bar Association’s
own disciplinary tribunal.33
In 2000, the Judiciary established the General Office for the Supervision of Lawyers, Experts,
Family Counsellors and Official Translators in accordance with Article 187 of the Law of the
Third Economic, Social and Cultural Development Plan.34 In October 2020, Mohammad
Mosaddegh, the Iranian judiciary’s deputy chief for legal and parliamentary affairs, announced
the creation of a judicial body to supervise lawyers, the General Office for the Supervision of
Lawyers, Experts, Family Counsellors and Official Translators, under the responsibility of his
Office.35 36
The Bar association and lawyers are not independent from the Iranian Judiciary in the Islamic
Republic of Iran. Considering the above, there is no self-regulating independent bar association
or council to oversee the process of admitting candidates to the legal profession, provide a
uniform code of ethics and conduct, and enforce disciplinary measures.
Recommendation Status:
This recommendation has NOT been implemented.
25
See more: Iran Human Rights Documentation Center, https://iranhrdc.org/iranian-bar-associations-struggle-for-independence/
Report of the Special Rapporteur on the situation of human rights in Iran, May 2015, https://undocs.org/A/HRC/28/70
27
Human Rights Watch, https://www.hrw.org/news/2009/07/16/iran-halt-moves-curtail-lawyers
28
Lawyers for Lawyers, https://lawyersforlawyers.org/en/iran-lawyers-call-upon-iranian-authorities-to-revoke-controversial-bill/
29
ILNA News < https://www.ilna.news/fa/tiny/news-795247 >
30
Radio Farda, https://en.radiofarda.com/a/more-than-12-000-lawyers-in-iran-reject-move-to-dismantle-barassociation/30590110.html
31
ILNA News< https://www.ilna.news/fa/tiny/news-892761 >
32
The Supreme Disciplinary Court for Judges has the authority to vet lawyers. https://rc.majlis.ir/fa/law/show/92825
33
Vokalapress, https://vokalapress.ir/?p=7708
34
Parliament of the Islamic Republic of Iran, https://rc.majlis.ir/fa/law/show/93301
35
Tabnak News, https://bit.ly/2MNjDOj
36
Center for Human Rights in Iran, https://iranhumanrights.org/2020/12/new-directive-allows-iranian-judiciary-to-controllawyers-through-disciplinary-body/
26
4