08 September 2006

Your Excellency,

Re:  The lawyers of the Centre for the Defence of Human Rights (CDHR)

We are writing on behalf of the Human Rights Institute of the International Bar Association in connection with the recent closure of the CDHR in Iran.

In its role as a dual membership organisation, comprising 30,000 individual lawyers and over 195 Bar Associations and Law Societies, the International Bar Association (IBA) influences the development of international law reform and shapes the future of the legal profession. Its Member Organisations cover all continents and include the American Bar Association, the German Federal Bar, the Japan Federation of Bar Associations, the Law Society of Zimbabwe and the Mexican Bar Association. The IBA's Human Rights Institute works across the Association, helping to promote, protect and enforce human rights under a just rule of law, and to preserve the independence of the judiciary and the legal profession worldwide.

            We understand that the CDHR, co-founded by Nobel Peace Prize Laureate and lawyer, Shirin Ebadi, has been banned following an announcement by the Ministry of Interior on 3 August 2006. A statement by the Secretariat of the Committee for Article 10 of the Law on Party and Organization Activities said “…any activity under the name of the CDHR is illegal and violators will be prosecuted accordingly”. The CDHR was established in 2002, by Shirin Ebadi and its members include some of Iran’s leading human rights lawyers. One of the key roles of the Centre is to provide pro-bono legal representation to political prisoners and many of its members have defended victims of gross human rights violations.

We have received a number of reports that members of the CDHR have been subject to ongoing harassment and intimidation. In July 2006, lawyer Abdolfattah Soltani was sentenced to five years imprisonment by Branch 26 of the Revolutionary Court, convicted for ‘disclosing confidential documents’ and ‘propaganda against the regime’. If true, the facts of this case raise a number of concerns in connection with the rights that should be accorded all citizens of Iran.

We should like to remind you of some of the Articles of the Constitution of the Islamic Republic of Iran, adopted on 24 Oct 1979 and effective since 3 December 1979. These articles comply with the United Nations International Covenant on Civil and Political Rights (ICCPR), which the Islamic Republic of Iran signed on 4 April 1968 and ratified on 24 June 1975. Article 26 of the Constitution of the Islamic Republic of Iran provides that ‘the formation of parties, societies, political or professional associations, as well as religious societies, whether Islamic or pertaining to one of the recognized religious minorities, is permitted provided they do not violate the principles of independence, freedom, national unity, the criteria of Islam, or the basis of the Islamic Republic. No one may be prevented from participating in the aforementioned groups, or be compelled to participate in them’. There is no evidence that the activities of the CDHR undermine the principles of independence, freedom, national unity, the criteria of Islam, or the basis of the Islamic Republic. Rather, the CDHR has made an inestimable contribution to the development of a culture of human rights in Iran.

            The above Article (26) of the Constitution of the Islamic Republic of Iran, complies with Article 22 (1) the ICCPR, which states that ‘everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.’ Although not constitutionally necessary, the Centre had been requesting authorisation to operate since its establishment in 2002. The Interior Ministry consistently refused to authorise the work of the Centre without offering adequate justification and finally declared the Centre illegal.

We further wish to remind you of the United Nations Basic Principles on the Role of Lawyers which outlines protections for legal professionals. In particular, Article 16 stipulates that lawyers should be able to work without "intimidation, hindrance, harassment or improper interference", be free to travel within their own country and abroad, and should not be prosecuted or suffer other sanctions or threats in connection with their legitimate professional work. Article 23 safeguards the right of lawyers to freedom of expression and association, especially in relation to public discussion of the law, the administration of justice and the protection and promotion of human rights.

We call upon the government of Iran to respond to our concerns as a matter of urgency. Further, we should be grateful to receive your assurances that the Centre will be allowed to carry out its activities peacefully and in accordance with international standards, without fear of harassment or persecution. We look forward to receiving your response.

Yours sincerely,