August 16, 2005
H.E. President Mahmoud Ahmadinejad
President of the Islamic Republic of Iran
Palestine Avenue
Tehran, Islamic Republic of Iran
Dear President Ahmadinejad,
I write on behalf of the Canadian Section of the International Commission of Jurists (ICJ), at the direction of President Ed Ratushny Q.C., to express deep concern over the recent detention in Iran of Abdolfattah Soltani, a prominent human rights lawyer.
ICJ Canada works to promote and protect human rights through judicial independence and the rule of law internationally. We are dedicated to promoting the freedom and independence of judges and lawyers throughout the world.
As you may be aware, Mr. Soltani is an Iranian human rights lawyer who represents the family of Iranian-Canadian photojournalist, Zahra Kazemi, who died in Iranian custody on July 10, 2003. It has been reported that a representative of the Iranian judiciary has accused Mr. Soltani of revealing information on nuclear spies inside and outside Iran.
We are concerned that the true reason for Mr. Soltani's arrest was his work investigating the suspicious circumstances in which Ms. Kazemi died. One week prior to his detention by Iranian authorities, Mr. Soltani had demanded that hard-line prosecutor Saeed Mortazavi appear for questioning.
We are deeply concerned that the aim of Iranian authorities in arresting and detaining Mr. Soltani is to intimidate and harass him in his work as lawyer. Harassment of lawyers violates not only a person’s right to legal representation, but is also a violation of international standards on the role of lawyers such as the United Nations Basic Principles on the Role of Lawyers (“the Principles”) which were adopted by the U.N. General Assembly in 1990 and which provide as follows:
Principle 16. Governments shall ensure that lawyers
(a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference;
(b) are able to travel and to consult with their clients freely both within their own country and abroad; and
(c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.
Lawyers must be able to vigorously represent their clients without fearing for their own persecution in the discharge of their professional functions. It is, in fact, the duty of the government to guarantee the safe functioning of lawyers, in accordance with Principle 17 which states:
Principle 17: Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.
We are deeply troubled by the fact that Mr. Soltani is being effectively prohibited from freely representing his client, the Kazemi family. In this regard, we would like to draw your attention to Principle 1 which sets out the fundamental right to be represented by a lawyer:
Principle 1: All persons are entitled to call upon the assistance of a lawyer of their choice to protect and establish their right and to defend them in all stages of criminal proceedings.
By refusing to allow Mr. Soltani to freely represent his client, your Government is obstructing the ability of counsel to fully exercise his duties as enumerated in Principle 13:
Principle 13: The duties of lawyers towards their clients shall include:
(a) advising clients as to their legal rights and obligations, and as to the working of the legal system insofar as it is relevant to the legal rights and obligations of the clients;
(b) assisting clients in every appropriate way, and taking legal action to protect their interests;
(c) assisting clients before courts, tribunals or administrative authorities, where appropriate.
We emphasize that the ultimate responsibility for ensuring that all human rights are respected in Iran lies with your Government. As the newly elected President of Iran, we would expect you to take a leading role in abiding by these international standards so as to allow lawyers to discharge their professional duties without fear of prosecution.
Given the centrality of free and independent lawyers to the rule of law and to a just and democratic society, it is incumbent on your Government to take diligent steps to ensure that the fabric of orderly society remains in tact. To that effect, we offer the following five (5) recommendations:
- The executive branch of government must respect the role of Iranian lawyers to fulfill their objectives freely and independently;
- The autonomy of Iranian lawyers should not be threatened or diminished and the right of lawyers to freedom of association must be guarded;
- Iranian lawyers should be allowed to render their services freely and without fear or favour;
- Iranian lawyers should be free to provide constructive criticism of government action and to make such views public;
- Guidelines should be established on police behaviour in relation to lawyers consistent with the United Nations Basic Principles on the Role of Lawyers.
We trust that your prompt reaction to this matter will ensure that Iran has taken an essential step towards the restoration of its integrity amongst lawful nations.
Sincerely,
David M. Aaron
Correspondent
Copies to:
The Iranian Ambassador to Canada
His Excellency Dr. Seyed Mohammad H. Adeli
Hon. Paul Martin
Prime Minister, Canada
Hon. Pierre Pettigrew
Minister of Foreign Affairs, Canada
Hon. Irwin Cotler
Minister of Justice, Canada
Hon. Bill Graham
Minister of National Defence, Canada
Hon. Stephen Owen,
Minister of W. Economic Diversification, Canada
Nicholas Howen, Secretary-General
International Commission of Jurists, Geneva
Ed Ratushny, Q.C.
President, International Commission of Jurists (Canadian Section)