B. The active involvement of counsel must be provided for, whatever the nature of the case, starting with the custody or, the very least, the investigation phase, throughout the trial and in appeals stage The guarantee of the right to legal defense is enshrined in Article 35 of the Constitution, which also ensures the right to choose a lawyer.23 Article 190 of the revised Code of Criminal Procedure (CCP) protects the right of a suspect to “be accompanied by a lawyer during the preliminary investigations”.24 Article 48 of the CCP permits the accused to “demand the presence of a lawyer from the start of detention.”25 26 Although the CCP guarantees the right to free legal assistance for those without adequate financial resources, the applicability of this right is differentiated between the pre-trial and trial phases.27 For instance, the CCP does not ensure access to free legal assistance during the investigation phase in cases where the accused faces charges other than those punishable by severe sentences such as the death penalty or life imprisonment. As a consequence, safeguards provided in the Iranian legal framework fall short to protect the accused person’s right to access legal counsel in the pretrial phase. In May 2019, the Iranian legal and judicial parliamentary commission proposed an amendment to Article 48 of the CCP which would allow the prosecution to delay access to a lawyer for 20 days, with a possibility of extension until the end of the investigation, in cases related to national security, terrorism or financial corruption.28 29 Such amendment would further restrict access to legal counsel during the investigation phase. Such restrictions are inconsistent with the UN International Covenant on Civil and Political Rights. The Human Rights Committee has explicitly stipulated that the accused should be granted prompt access to counsel,30 including during the pre-trial phase.31 C. Access to legal aid must be made more effective In many reported cases, especially national security cases, defendants have reported seeing their lawyer for the first time on their day of trial. 32 33 Prisoners reportedly remained 23 Constitution of the Islamic Republic of Iran < http://www.iranchamber.com/government/laws/constitution_ch03.php> Code of Criminal Procedure of the Islamic Republic of Iran (2015) original version http://dotic.ir/print/5584 25 Code of Criminal Procedure of the Islamic Republic of Iran (2015) as referenced in the 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 26 Code of Criminal Procedure of the Islamic Republic of Iran (2015) original version http://dotic.ir/print/5584 27 Amnesty International, https://www.amnesty.org/download/Documents/MDE1327082016ENGLISH.PDF 28 Abdorrahman Boroumand Center, https://www.iranrights.org/newsletter/issue/99 29 Amnesty International, www.amnesty.org/en/documents/mde13/0379/2019/en/ ; https://www.amnesty.org/en/latest/news/2019/05/iran-proposed-law-restricting-access-to-lawyer-would-be-crushing-blowfor-justice/ 30 CCPR General Comment No.32 <https://undocs.org/CCPR/C/GC/32> 31 HRCommittee, Concluding observations on Georgia, CCPR/C/79/Add.75, para. 27, available at bit.ly/20caB7i; HRC, Concluding observations on the Netherlands, CCPR/C/NLD/CO/4, para. 11, available at www.refworld.org/docid/4aa7aa642.html 32 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 33 HRW <https://www.hrw.org/news/2016/03/24/iran-detainees-denied-fair-legal-representation> 24 3

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