However, in practice, defendants in national security cases are often denied access to a lawyer in
the investigative stage of the judicial process. 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.15 Reports have
shown a pattern of reported cases where prisoners remain incarcerated without proper access to
legal representation at all stages of their trial process. 16 17 18 19 In many reported cases, especially
national security cases, defendants have reported seeing their lawyer for the first time on their
day of trial. 20 21
The Islamic Republic of Iran has not ensured that all persons accused of any crime are assured
access to a lawyer of their choosing during all stages of the judicial process, including during the
initial investigation and interrogation stage, and are provided with legal aid as needed.
Recommendation Status:
This recommendation has NOT been implemented.
15
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
16
HRANA <https://www.en-hrana.org/political-prisoner-denied-access-to-an-attorney >
17
HRANA <https://www.en-hrana.org/arash-sadegh-golrokh-iraeis-lawyers-access-cases >
18
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, January 2020,
https://www.ohchr.org/Documents/Countries/IR/Report_of_the_Special_Rapporteur_on_the_situation_of_human_rights_in_the_
Islamic_Republic_of_IranA4361.pdf
19
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, July 2020, https://documentsdds-ny.un.org/doc/UNDOC/GEN/N20/190/27/PDF/N2019027.pdf?OpenElement
20
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
21
HRW <https://www.hrw.org/news/2016/03/24/iran-detainees-denied-fair-legal-representation>
3