preliminary investigations.29 In 2018, the Judiciary published the list of approved lawyers
(including only 20 names for Tehran). However, many of the lawyers named are reportedly close
to the security bodies or have paid to appear on the list after speaking with government officials,
threatening due process and questioning the independence and neutrality of the Judiciary.30 As a
consequence, the right to legal assistance of one’s choosing in such cases is particularly limited.
Despite the limited legislative guarantees, in many reported cases, especially national security
cases, defendants have reported seeing their lawyer for the first time on their day of trial.31 32
Prisoners reportedly remained incarcerated without proper access to legal representation at all
stages of their trial process and lawyers denied timely access to their clients' legal files.33 34 35
Defendants in national security cases are often denied access to a lawyer in the investigative
stage of the judicial process. 36 37 In the hundreds of cases of individuals arrested for political
reasons or suspected for ordinary crimes that the Abdorrahman Boroumand Center has
investigated, all detainees were interrogated without the presence of an attorney.38 Members of
the Sunni39, Arab Ahwazi40, Kurdish41 and Baha'i42 minorities are frequently denied legal
representation.
Despite the existence of several means and mechanisms that accept complaints regarding the
violation of fair trial standards in Iran, such as the Judges Disciplinary Court, the Article 90
Parliamentary Commission and, in general, any appeals courts and Supreme Court, there is no
readily available information to indicate that these complaints are being addressed and
adjudicated by the relevant authorities. The Islamic Republic of Iran has not ensured the right to
have a lawyer of their choice.
29
The former CCP had conditioned the presence of a lawyer at the investigative stage on the permission of the judge in cases
with a “confidential” aspect, cases where the presence of a party other than defendant would “corrupt” proceedings as determined
by the judge, and in national security cases; See the March 17, 2017 report of the UN Special Rapporteur, Asma Jahangir, on fair
trial in Iran (https://undocs.org/en/A/HRC/34/65)
30
“Iranian Lawyers Criticize Proposal to Deprive Defendants of Right to Choose Counsel,” Human Rights Activists in Iran, June
6, 2018 (https://www.iranrights.org/library/document/3443)
31
Joint submission to the Human Rights Committee from the Abdorrahman Boroumand Center, Iran Human Rights
Documentation Center, Impact Iran, Human Rights Activists in Iran, 2020,
https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_ICS_IRN_42313_E.pdf
32
HRW <https://www.hrw.org/news/2016/03/24/iran-detainees-denied-fair-legal-representation>
33
HRANA <https://www.en-hrana.org/arash-sadegh-golrokh-iraeis-lawyers-access-cases
34
HRANA <https://www.en-hrana.org/political-prisoner-denied-access-to-an-attorney>
35
HRANA <https://www.en-hrana.org/court-prevents-lawyer-accessing-files-five-sunni-prisoners>
36
Abdorrahman Boroumand Center, joint submission to the Human Rights Committee from the Abdorrahman Boroumand
Center, Iran Human Rights Documentation Center, Impact Iran, Human Rights Activists in Iran, 2020,
https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_ICS_IRN_42313_E.pdf
37
HRW <https://www.hrw.org/news/2016/03/24/iran-detainees-denied-fair-legal-representation>
38
Abdorrahman Boroumand Center, joint submission to the Human Rights Committee from the Abdorrahman Boroumand
Center, Iran Human Rights Documentation Center, Impact Iran, Human Rights Activists in Iran, 2020,
https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_ICS_IRN_42313_E.pdf
39
HRANA <https://www.en-hrana.org/court-prevents-lawyer-accessing-files-five-sunni-prisoners>
40
UNPO <https://unpo.org/article/21430>
41
HRANA <https://www.en-hrana.org/political-prisoner-denied-access-to-an-attorney>
42
HRANA <https://www.en-hrana.org/uncertain-situation-of-seven-bahai-detainees-in-rajaie-shahr-prison>
4