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After the events of June 12, 2009, it became clear that not only did Iran’s judicial system neglect to follow international human rights standards, but the system also disregarded the human rights principles of its own country. Within the Constitution of the Islamic Republic, several articles exist that had they been adhered to, the human rights violations following the June 12 elections would not have occurred. Within the Civil Law of the Islamic Republic and the Constitution, laws do exist that protect the accused, but in practice, these laws are not respected, particularly pertaining to accused persons in political situations.
According to the context of the Civil Law of the Islamic Republic of Iran, an individual may not relinquish any of his civil rights. The right to have a legal representative or a lawyer is undoubtedly one of the civil rights granted to Iranian citizens. Therefore, no individual under any circumstances – even during detention or imprisonment – may take away his/her own right to have a lawyer.
According to the following articles of the Civil Law and the Constitution of the Islamic Republic of Iran, if at any point an accused or his family members decide to hire a lawyer, the judge may not prevent them from doing so.
The following articles are useful in articulating the aforementioned argument:
Civil Law of the Islamic Republic of Iran
Article 959 – No one may take away his own rights to enjoy or execute all or parts of his civil rights.
Article 960 – No one may take away his own freedom or relinquish to use his freedom to the extent that it becomes disobedience of the laws and good deeds.
The Constitution of the Islamic Republic of Iran
Article 22 – The dignity, life, property, rights, residence, and the occupation of the individual are inviolate, except in cases sanctioned by law.
Article 23 – The investigation of the individuals’ belief is forbidden, and no one may be harassed or taken to task simply for holding a certain belief.
Article 24 – Publications and the press have freedom of expression except when it is detrimental to the fundamental principles of Islam or the rights of the public. The details of this exception will be specified by law.
Article 25 – The inspection of letters and the failure to deliver them, the recording and disclosure of telephone conversations, the disclosure of telegraphic and telex communications, censorship, or the willful failure to transmit them, eavesdropping, and all forms of covert investigation are forbidden, except as provided by law.
Article 26 – The formation of parties, societies, political or professional associations, as well as religious societies, whether Islamic or pertaining to one of the recognized religious minorities, is permitted provided they do not violate the principles of independence, freedom, national unity, the criteria of Islam, or the basis of the Islamic republic. No one may be prevented from participating in the aforementioned groups, or be compelled to participate in them.
Article 27 – Public gatherings and marches may be freely held, provided arms are not carried and that they are not detrimental to the fundamental principles of Islam.
Article 28 – Everyone has the right to choose any occupation he/she wishes, if it is not contrary to Islamic and the public interests, and does not infringe the rights of others. The government has the duty, with due consideration of the need of society for different kinds of work, to provide every citizen with the opportunity to work, and to create equal conditions for obtaining it.
Article 30 – The government must provide all citizens with free-education and up to secondary school, and must expand free higher education to the extent required by the country for attaining self-sufficiency.
Article 34 – It is the indisputable right of every citizen to seek justice by recourse to competent courts. All citizens have right of access to such courts, and no one can be barred from courts to which he/she has a legal right of recourse.
Article 37 – Innocence is to be presumed and no one is to be held guilty of charge unless his or her guilt has been established by a competent court.
Article 40 – No one is entitled to exercise his/her rights in a way injurious to others or detrimental to public interests.
Article 41 – Iranian citizenship is the indisputable right of every Iranian, and the government cannot withdraw citizenship from any Iranian unless he himself requests it or acquires citizenship of another country.
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