Amnesty International: Draconian amendment further erodes fair trial rights in Iran

Reyhaneh Jabbari in a court in Iran that sentenced her to death for acting in self-defense against aggression by an intelligence against

The Iranian authorities have put another nail in the coffin of justice by making a retrogressive amendment in Iran’s new Code of Criminal Procedures which limits the right to access an independent lawyer of one’s choice during primary investigations in certain criminal cases,Amnesty International has said.

“The draconian development came in the form of a last-minute amendment to a new Code of Criminal Procedures, which was passed in April 2014 and was entered into force on 22 June 2015.

“According to the amendment, approved by the Guardian Council on 17 June 20151 , individuals facing national security-related charges may only select their legal counsel for the investigation phase, which may last for months, from a roster of lawyers approved by the Head of the Judiciary.

“The same restriction is imposed on individuals accused of involvement in organized crimes which are subject to such punishments as the death penalty, life imprisonment, and amputation.

|This retrogressive move does away with basic due process guarantees and confirms yet again the authorities’ utter disregard for their international human rights obligations, including fair trial standards.

“Denial of the right to access a lawyer of own choice is particularly disturbing in cases where individuals risk facing the irreversible punishment of the death penalty. Under international law including the International Covenant on Civil and Political Rights (ICCPR) to which Iran is a party, proceedings in capital cases must scrupulously observe all relevant international standards protecting the right to a fair trial” Amnesty International said.