Iran: Arbitrary detention of lawyers carrying out legitimate professional work | Oral Statement to the 46th Session of the UN Human Rights Council

Joint oral video statement .pdf (EN)


United Nations Human Rights Council, 46th Session

Agenda Item 4- Interactive dialogue with the Special Rapporteur on the Islamic Republic of Iran

9 March 2021

United Nations Human Rights Council, 46th Session

 Agenda Item 4- Interactive dialogue with the Special Rapporteur on the Islamic Republic of Iran

Joint Oral Statement

9 March 2021

The International Bar Association’s Human Rights Institute (the IBAHRI), the International Commission of Jurists (the ICJ), Lawyers for Lawyers, Lawyers’ Rights Watch Canada, and The Law Society express deep concerns at the arbitrary arrests and detention of lawyers and others sentenced to exorbitant prison terms for legitimately carrying out their professional activities. We draw special attention to the cases of lawyers Nasrin Sotoudeh[1] and Amirsalar Davoodi[2], who remain imprisoned and were excluded from Covid-19 prisoner release programmes.

Their imprisonment means that access to justice for citizens in Iran is restricted. We are alarmed by the widespread violation of fair trial guarantees, including the denial of access to a lawyer of one’s own choosing, as well as the recent application of the death penalty[3]  in Iran. We also condemn Iran’s non-compliance with international standards on conditions of detention and reports of torture of those critical of the regime.[4]

We urge the Iranian authorities to:

  • Immediately and unconditionally release Nasrin Sotoudeh, Amirsalar Davoodi and other lawyers who remain in prison after conviction in an unfair trial;
  • Pending release, ensure compliance with international standards on conditions of detention;[5]
  • Ensure that lawyers and others can carry out their profession free from undue interference, including judicial harassment;
  • Establish an immediate moratorium on the death penalty, pending abolishment; and
  • Comply with its international legal obligations in respecting, guaranteeing, and protecting human rights.

This statement was delivered by:

Francesca Restifo, Senior Human Rights Advisor, UN Representative

International Bar Association’s Human Rights Institute (IBAHRI)


References:

[1] www.ibanet.org/Article/NewDetail.aspx?ArticleUid=11044300-16b9-4c05-83f6-177a29d7c9d5

[2] www.ibanet.org/Article/NewDetail.aspx?ArticleUid=4756c9a1-5228-4e63-aac9-d3e877a88558

[3] At least 50 executions took place from December 2020 to 13 February 2021 – www.ibanet.org/Article/NewDetail.aspx?ArticleUid=896945d6-7c5b-4676-a3bd-f984686c5199

[4] A great number of crimes carry the death penalty in Iran  are facilitated by a growing legislative framework, often based on vaguely defined criminal provisions  that depend on subjective or discretionary considerations. For example, the 2013 Iranian Penal Code expanded the number of crimes subject to the death penalty and includes provisions that reject the presumption of innocence with respect to crimes punishable by death.

[5] At least 50 executions took place from December 2020 to 13 February 2021 – www.ibanet.org/Article/NewDetail.aspx?ArticleUid=896945d6-7c5b-4676-a3bd-f984686c5199

ng legislative framework, often based on vaguely defined criminal provisions that depend on subjective or discretionary considerations. For example, the 2013 Iranian Penal Code expanded the number of crimes subject to the death penalty and includes provisions that reject the presumption of innocence with respect to crimes punishable by death.

[5] At least 50 executions took place from December 2020 to 13 February 2021 – www.ibanet.org/Article/NewDetail.aspx?ArticleUid=896945d6-7c5b-4676-a3bd-f984686c5199