Azerbaijan, Baku, Jun.23/ Trend F.Milad/
Iranian president Mahmoud Ahmadnejad ordered his first vice president Mohammad Reza Rahimi to drop the Judiciary's suggestion regarding the Iranian Bar Association from a proposed bill.
The mentioned suggestion effectively brings the Iranian Bar Association under the control of the judiciary, removing any remaining independence afforded to the legal profession.
"We have sworn to protect the Constitution and the people's interests. The suggestion contradicts both of abovementioned," the Iranian president said in a formal letter to his vice president.
Referring to the submitted letter of a renowned lawyer Qolamreza Tayeran, Ahmdinejad added that, "every trial needs a judge, a prosecutor, and an independent lawyer. Currently the Judiciary appoints the judge and the prosecutor, so if the lawyers become under the control of the Judiciary the requirements of a fair trial wouldn't be met anymore."
The International Bar Association's
Human Rights Institute (IBAHRI) had previously urged the Iranian government to withdraw the controversial bill.
Mark Ellis, Executive Director of the International Bar Association
(IBA) said in March that the proposed Bill contravenes international standards and consequently violates Iran's obligations under international law, particularly, the United Nations (UN) Basic Principles of the Roles of Lawyers.
"Principle 15 states that lawyers must be able to perform their professional functions without undue interference, while Principle 24 emphasizes the rights of lawyers to form self-governing professional associations. These Principles, which Iran ratified, without reservation, are at the core of lawyers being able to effectively defend clients. They are the reason why, as the global voice of the legal profession, we extend our support to the Iranian Bar Association, in fighting this bill and restoring effective self-governance." He said.
Details of the most controversial provisions within the draft Bill have been outlined in an open letter signed by 35 Iranian lawyers and include: Articles 25 and 30, which provide for the:
* Establishment of a new 'Supervision Commission', controlled by the judiciary, with the power to determine the competence of lawyers to practise;
* Suspension and revocation of licenses to practise;
* Administration of bar exams; and
* Constitution of the Bars' board of directors.
Under Article 123, decisions made by the Commission cannot be challenged, and under Article 122, the properties and assets of the Bar will be transferred to the authority of the Commission.