Lawyer Mohammad Mostafaei criticizes the judiciary’s new guidelines in an interview with Rooz, arguing that if implemented it will destroy the Iranian Bar Association, rendering lawyers unable to defend people’s rights.

Commenting on recent criticism at the passage of new guidelines undermining the independence of the Iranian Bar Association, Mostafaei said, “As many of my colleagues believe, the important point is that lawyers can defend their clients’ rights only if they are operating independently and are not under anyone’s orders or pressures.  If such pressures exist, lawyers cannot defend their clients’ rights.  If lawyers see that their clients are on the verge of execution, they are forced to remain silent in order to preserve their occupation and their only source of income.  If lawyers want to say things that do not go well with the regime or judiciary, their licenses can be revoked at will at any time.  That is why the norm is for bar association and their union to operate independent of the regime.  That is why we are against this new bill.”

Noting the problems that lawyers would face if the judiciary’s new guidelines were implemented, Mostafaei said, “I will give you an example.  If they arrest you and want to charge you, you go to a lawyer to defend you.  If the charge against you is baseless you must be able to use a lawyer who can defend you and help you.  If this lawyer is unable to do that, your rights are violated and that undermines the public’s rights.  This is a very important issue.”

Commenting on the importance of the five-person committee that is envisioned under the new guidelines, Mostafaei said, “If you take a vote in a five-person committee, whose three members are appointees by the judiciary, what do you think will the result be?  As you see, only a name will remain for the Bar Association, and the independence under which the Bar Association has operated will not exist any longer.” 

Mostafaei adds that the Bar Association was completely excluded from any discussions of the new rules. Mostafaei said in this regard, “Article 99 of the new guidelines states that the guidelines have been passed at the Bar Association’s suggestions.  However, the head of the Bar Association and all regional presidents have expressly said that the judiciary’s claim is false and that the Bar Association has made no such suggestion.  In my opinion, from a legal standpoint, the new guidelines are not even enforceable.  In other words, guidelines that are against the law cannot be enforced.  Subsequently, my opinion is that the Bar Association should continue its work and procedures as before in accordance with our national laws.”