Crime of adultery and stoning punishment in Iran’s new criminal code; skills of defense in Hodudcrimes
BY: Mohammad Mostafaei, director of Universal Tolerance Organization
Universal Tolerance – After long tension between Islamic parliament of Iran and council of guardian the criminal law bill was finally sanctioned by the parliament and council of guardian subsequently ratified it before it was published in Iran’s gazette for the enforcement. However, during the course sanctioning, many legal comments and critiques have been raised towards the newly sanctioned criminal law. The last but not least critic was about public publication of the law in the gazette where rather than publishing the law, the advertisement for selling the law book was announced which legally impedes the enforcement of the law, because according to civil code of Iran, new legal provisions must be fully published in Iran’s gazette and enter to force 15 days after being published, whereas the provisions of new criminal code have not been published officially as for today. Thus, it is not legally acceptable not to have the law published in gazette, but in some other place for other reasons which has not surely been the purpose of the legislator either. In addition to this issue which has made the enforcement of law more difficult, another important issue to be addressed here is the crime of adultery and punishment of stoning. Since stoning punishment has again been stipulated in the law by the legislator, we need to advance lawyers’ skill on how to defend clients who are punished to both stoning and death penalty. Distribution of information in this regard can also be a huge help to save lives of many who are convicted of adultery. Lies den Rest dieses Beitrags
Iranian Lawyers Call on Iranian Authorities to Cease Infringements on Independence of Legal Profession in Iran
On the occasion of Defense Lawyers’ Day (February 25th) in Iran, a group of 35 Iranian defense and human rights lawyers has published an open letter calling on the authorities in the Islamic Republic of Iran (IRI) to cease infringements on the independence of Iran’s legal profession. In particular, the letter calls for the cancellation of a bill that, in essence, transfers total supervisory control over lawyers to a quasi-judicial body and whose passage is described as “a coup de grace to legal practice in Iran”.
Signatories to the letter include Mohammad Olyaeifard—an Iranian lawyer who served one year in prison in 2010 for reportedly speaking out against the execution of one of his juvenile clients. Other signatories include prominent Iranian criminal defense lawyers like Mehrangiz Kar, Mahnaz Parakand, Shadi Sadr, Mohammad Mostafaei and others who have been forced to flee Iran on account of their representation of clients in matters that the Iranian government finds politically sensitive.
In recent years, the Iranian parliament, judiciary and executive have imposed increasingly restrictive measures on the Iranian Bar Association and its members through formal measures and in practice that result in infringements on the independence of the profession. The open letter calls attention to one particularly concerning development—the proposal and passage of the “Bill for Formal Attorneyship” which, among other measures, seeks to appoint a supervisory body that will grant control over the issue, suspension and revocation of attorney licenses to the judiciary; grant the judiciary ownership over the Iranian Bar Association’s property and assets; and change the name of the “Bar Association” to the “Organization of Attorneys” so as to imply its subordination to the judiciary.
In light of these concerns, the letter calls on the Iranian judiciary to withdraw the Bill as soon as possible, the Iranian government to refuse the confirmation and submission of the Bill to Parliament and on the members of Parliament, in the event they should receive the Bill, to reject its provisions. Lies den Rest dieses Beitrags