Marking the International Day of the Endangered Lawyer amidst escalating persecution in Iran.
Iran is one of the most dangerous countries for lawyers. According to the National Union of Iranian Bar Associations (SCODA), since 2018, there have been at least 54 reported incidents of killings, assaults, and property destruction targeting lawyers, including the murder of 17 lawyers. In addition to the systematic violence, since the 1979 Islamic Revoultion, lawyers have been subjected to harassment and persecution by the government. In the aftermath of Woman, Life, Freedom protests following the killing of Jina Mahsa Amini in the custody of the morality police on 16 September 2022, the oppression of lawyers, particularly those who defend imprisoned protestors, has further increased. Nearly 80 lawyers have been detained since 2021 and hundreds have lost their license.
The following cases illustrate the breadth and severity of the crackdown on lawyers in Iran, highlighting the risks they face merely for upholding the right to legal representation and fair trials
Behnam Nezahd: On 21 January 2025, the Tehran Court of Appeals convicted Behnam Nezahdi, a lawyer with the Tehran Bar and administrator of the Instagram page “Judicial Misconduct of Judges”, to four months in prison and a one-year ban from practicing law on charges of “propaganda against the regime”. He also has been sentenced to 13 months and 16 days of imprisonment for the “disclosure of confidential information” and an additional 113 days for “spreading false information”.
Taher Naqavi: He was convicted by the Tehran Revolutionary Court in October 2024 to six years in prison— one year for “propaganda against the regime” and five years for “assembly and collusion against national security”. Additionally, he received a two-year ban on leaving the country and was stripped of social rights and political party membership for two years.
Khosrow Alikordi: While already imprisoned for defending several protesters’ families, Alikordi was sentenced to one year in prison in January 2024 by the Mashhad Revolutionary Court on charges of “propaganda against the regime and in favour of groups opposing the regime”. He was additionally sentenced to two years of internal exile, a two-year prohibition of practicing law, a two-year travel ban, and a two-year ban on online activities on 16 January 2025.
Mohammadreza Faghihi: A human rights lawyer who has been actively involved in defending protestors and activists, was convicted in October 2024 by the Tehran Revolutionary Court to five years in prison on charges of “assembly and collusion against national security”, a two-year travel ban, and two-year prohibition of practicing law. This verdict was upheld by Tehran Court of Appeals in November 2024. Faghihi was arrested and brought to Evin Prison on 21 January 2025.
Many other lawyers representing protestors, such as Saleh Nikbakht, the lawyer of Mahsa Amini`s family, Farid Nikpey, Mahdi Karimi Farsi, Payam Derafshan, Mahdi Shakibafar, Ramezan Haji Mashhadi and Mohammad Najafi are either serving time in prison or are being summoned to court on similar charges, facing immense suppression on their life, their families and their profession.
Iran`s legal framework and practices frequently and deliberately fail to uphold fundamental safeguards, as has been criticized by the Human Rights Committee that reviewed Iran`s compliance with the UN Covenant on Civil and Political Rights in November 2023. Concerns have been raised over the lack of access to lawyers of one`s choice, particularly for detainees who are journalists, human rights defenders, lawyers, members of minority groups, dissidents, or protestors. The independence of lawyers is heavily restricted by law. According to the “Note to Article 48” of the Code of Criminal Procedure, in cases involving crimes against internal or external security, as well as organized crimes, parties must select their attorney from a list of lawyers approved by the Head of the Judiciary. This severely undermines access to impartial lawyers and fair trial.
We urge the Iranian authorities to:
- Immediately and unconditionally release all lawyers detained solely for performing their professional duties or expressing opinions critical of the authorities and drop all charges against them.
- Revoke laws and policies, such as Note to Article 48 of the Code of Criminal Procedure, that restrict the independence of legal representation and access to impartial defense.
- Respect and guarantee the independence of lawyers as codified in the UN Covenant on Civil and Political Rights, and the Basic Principles on the Role of Lawyers, and implement measures to prevent harassment, violence, and arbitrary detention targeting legal professionals.
- Ensure access to legal representation of their own choice for all those arrested and detained, including minors and those facing the death penalty.
- Ensure that fair trial guarantees are respected in criminal proceedings.
