Report of the Special Rapporteur on independence of judges and lawyers

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بسم الله الرحمن الرحیم
Statement

By

Representative of the Islamic Republic

Before

The Human Rights Council

50th Session

Item 3:

Report of the Special Rapporteur on independence of judges and lawyers

 (Document A/HRC/50/36)

Geneva, 21 June 2022

 

 

Mr. President,

     My delegation takes note with concern about the report of the SR on the independence of lawyers and judges.

 

Mr. President,

      We strongly believe that the effective operation of a bar association is being critical to the independence of the legal profession, and in doing so, rule of law through appropriate legislations should be observed. Bar association (as one social service provider) should collaborate with governments to ensure that all persons have equal access to legal services.

 

Mr. President,

       We are dismayed that the Special Rapporteur has inserted unsubstantiated claims against my country regarding misconduct with women’s rights lawyers and human rights activists during the pandemic and physical and psychological abuse of lawyers in 2021 in paragraphs 43 and 66 of the report.

 

We urge the Special Rapporteur to consult with the relevant State before reproducing such allegations in his report and to remain committed to the principles and requirements stipulated for the Special Procedure Mandate Holders.

 

        There is a clear distinction between the independence of the bar association and independence of the legal profession. Independence of the legal profession should be guaranteed to ensure free exercise of lawyers and judges profession without fear of reprisals and free from judicial harassment.

 

Mr. President,

 

         While there are many cases in several European countries, where lawyers are regularly threatened for representing certain clients or for their political views, in my country, there are ten thousands of lawyers who are serving freely in their legal profession without any interference of fear or harassment. No one is being accused just for exercising their lawful jobs like being a lawyer.

 

 

I thank you Mr. President.