Interview with the Spokesperson of the Center for the Defenders of Human Rights
In Iran, human rights attorneys have always been under threat, pressure, extortion, legal pursuit and even in prison. But since the 2009 presidential elections, the conditions have become worse for them. Many were sued, prosecuted and given heavy sentences. Some were barred from continuing their practice. Still others left the country altogether to settle elsewhere.
As this pressure increased, the Center for the Defenders of Human Rights which had been earlier founded by Shirin Ebadi, the lone Iranian Nobel Prize winner in 2003, invited those human rights attorneys who had been accused of political charges related to the post 2009 presidential election events and who had immigrated to join the group. These exiles formed the Attorneys of the Center for the Defenders of Human Rights (Vokalaye Markaz Hamiyane Hoghooghe Bashar).
This group comprises of ten lawyers: Shirin Ebadi, Mohammad Olyaifar, Moosa Barzin Khalifeloo, Behnam Daraizadeh, Mahnaz Parakand, Hossein Reisi, Leyla Ali Karami, Mande Ghaderi, Naghi Mahmudi and Mohammad Hossein Nayeri. From amongst them, Olyaifar was chosen as the spokesperson because of his professional seniority and experience of prison. He has invited all lawyers to participate in the debate on “Fair Prosecution.” Here are the excerpts of an interview Rooz had with Olyaifar
Rooz: Mr. Olyaifar, What is the goal of the attorneys group?
Olyaifar: It is in line with the goal of the Center for the Defenders of Human Rights. But we also have four specific goals, which are: Teaching human rights to Iranian citizens, sup[porting victims of human rights abuses and spreading their voices, providing assistance to human rights conditions in Iran and assistance to everybody to get a fair trial. We have said in our charter that a fair trial is when no laws are violated and there is no discrimination as defined by international standards of human rights and the division in the three branches of government so that judges can do their job without any pressure or interference from outside.
Rooz: Is there also a unifying political goal that you follow and do you see yourself as a member of the opposition to the regime?
Olyaifar: While it is true that we have begun our activities outside Iran but we are in no way an opposition to the regime. We are not associated or affiliated with any political faction or group inside or outside the country and do now support any political trend. But, we support all victims of human rights violations, regardless of their views, political leanings and ideas and we shall act as their voice. I stress that we are strictly a legal group.
Rooz: Inside Iran there is the bar association. What is your position regarding them and how do you evaluate their work?
Olyaifar: Iranian lawyers have series restrictions in selecting the managing board of the bar association. At the top of these restrictions is the state supervision that is implemented by the supreme disciplinary judicial court. Their supervision results in the disqualification of many qualified attorneys. So we call for the removal of this type of supervision.
Rooz: So you are a critic of the bar association?
Olyaifar: Generally, the bar association has not performed satisfactorily in its defense and support of attorneys. The situation with Abdolfattah Soltani is an example in this regard. Soltani had been arrested the first time in 2005 when he was a member of the presiding board of the bar association. Ms Sotudeh is another example who was taken to the disc9iplinary court in handcuffs. Another issue is the heavy sentences that are passed on lawyers. The sentence that Soltani received was unprecedented in the last 50 years. He received 13 years of prison plus exile and a ban on his profession. Mr. Mohammad Seifzadeh is still another example. This attorney has been behind bars for two years and has another six to go. He has been in prison since 2012 and not given any leaves. Mr. Dadkhah has received a 9 year prison sentence and Ms Sotudeh a 6 year sentence, even though she was recently released, after tolerating much pressure.
So you see that the bar association’s performance regarding its own members has not been good. It is because of this that we issued a statement calling for the release of our colleagues. While we laud the release of Ms Sotudeh, we remind everyone that our other colleagues continue to be in prison but must be released as soon as possible and allowed to return to their work. The bar association does not react to anti human rights laws that have been passed in the past. We do not see any opposition in its statements. So we place the issues that they do not take up on our agenda and defend our colleagues, call for their release from prison, and demand that pressure on them be stopped. We would like the bar association to freely chose its own leadership members. We protest against laws that violate the universal declaration of human rights and its principles.
Rooz: Since a change in the political atmosphere in Iran, has the bar association done anything for the imprisoned attorneys?
Olyaifar: Unfortunately no and our colleagues continue to be in prison or are barred from working. What is worse is that we see that pressure on the attorneys has now been extended to their families. Some family members are sued and judgments are passed against them. Recently, Ms Maasoomeh Dehghan, Mr. Soltani’s wife, was sentenced to one year of suspended prison. We believe that a bar association that is affiliated to the regime cannot defend the rights of citizens. Such a bar association would not be independent. This harms the rights of people. We call for the independence of the judiciary and attorneys. This independence has been put under threat by the rulers with bills and laws.
