Recent reports from Tehran reveal that the Iranian Parliament has passed a resolution that challenges the independence of the prominent Iranian Bar Association. If ratified by the Guardian Council of the Constitution, the decree will see a striking shift in administration; the Ministry of Economy and Finance will henceforth oversee lawyer’s associations, controlling everything from the issuance to revocation of a lawyer’s license [Jurist News].
Opponents of this resolution, presented in the country’s seventh development plan, perceive this as a blatant infringement on people’s rights by subjugating lawyers to a government institution. Detractors argue that this acts against the principle of separation of powers and contradicts the state’s primary policies in legal matters.
The intended change in structure has ignited widespread protests among Iranian lawyers and a campaign named “Opposition to plans and bills against the independence of lawyer’s associations and judicial security,” launched on August 29, garnered over 24,000 signatures by the time of reporting.
The resolution has far-reaching implications on the independence of the legal profession, a pillar the Bar Association has ardently protected over years, for its crucial role in maintaining a fair trial system. Reports suggest that an independent lawyer is instrumental not only in upholding the nation’s fundamental rights, but also in ensuring proper legal representation for those under scrutiny or whose rights have been violated. When a lawyer’s professional life hinges on a governmental institution, particularly in security cases, it can potentially compromise the client’s rights.
Entrusting the Ministry of Economy with the power of issuing and revoking lawyer’s licenses may lead to the dissolution of the lawyer’s association. The primary victims of such a scenario would be the people. In an environment where comparisons with advanced countries highlight a restrained independence of the Iranian Bar Association, this new regulation could undermine a century-old civil institution. Until the mid-20th century, Iran prided in hosting one of the only independent bar associations in the region, a member of the International Bar Association.
Today, the independence of lawyer’s associations from governmental agencies is a global subject and many governments are enhancing the status of independent bars by refraining from interference in internal affairs or inherent duties. Independent bars significantly increase the credibility of the judiciary system and bolster defense rights of citizens. Several international documents, including reports of UN special rapporteurs, explicitly emphasize the independence of lawyer’s associations and preventing governmental intrusion in their internal workings.
Iran’s parliament seems determined to divest the country’s 28 lawyer’s associations of their independence. A confrontational strategy with the national bar association suggests the parliament’s intent to disempower the only independent agency in the country, thereby potentially forcing its practical downfall by usurping its inherent duties and legal powers.