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Lawyer Sues Client’s Trial Judge, Citing Abuse of Criminal Procedure Code

Posted on: 18th September, 2018
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  • Editor: Mari
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Hengameh Shahidi

Human Rights Activists News Agency (HRANA)- Mostafa Tork Hamedani, attorney of Hengameh Shahidi, imprisoned journalist and human rights activist, has filed suit against the judge presiding over his client’s case.

Hamedani told Iranian Students’ News Agency (ISNA) that “once Ms. Shahidi’s case was referred to the court, I presented myself to register as her attorney, but the judge would not appoint me. So I have filed a formal complaint against this judge at the Government Employees’ Court and the Judges’ Disciplinary Court for unlawfully barring a certified lawyer from representing a client.”

Reporting that requests from himself, Shahidi, and Shahidi’s mother to appoint him as her attorney have been submitted and summarily rejected, Hamedani has continued to speak on his client’s behalf, announcing that Shahidi is still in custody and that her case has been forwarded to Revolutionary Court.

According to Hamedani, authorities are inappropriately applying a law intended to stipulate defendants’ choice of lawyers in the case of national-security crimes. “[…] the amendment to *section 48 [of criminal procedure code] only applies during preliminary investigations. Once the case is sent to a court, the amendment no longer applies. [The law] is crystal clear on this.”

ISNA quoted a report from the Tehran Prosecutor’s office stating that Shahidi was arrested June 26, 2018 on the island of Kish in Persian Gulf. It reads, “The judiciary was pursuing the defendant, who was arrested by police while attempting to conceal her face with a mask.”

In a statement released in late June, Reporters Without Borders (RSF) said “[We] condemn the police violence and arbitrary arrests to which citizen-journalists have been subjected during this week’s protests in Tehran. RSF also condemns the latest arrest of journalist and blogger Hengameh Shahidi.”

Ministry of Intelligence forces arrested Shahidi on March 9, 2017, citing her collaboration with a media network.

Hamedani said that the Ministry of Intelligence was the plaintiff in the above case, and that Shahidi’s arrest warrant was issued by Branch 2 of Culture and Media Court. She was released on August 28, 2016 after six months in detention.

* In national security cases, amendment 48 to Iranian’s Code of Criminal Procedure obliges the defendant to choose a lawyer from a list pre-approved by the judiciary. Iranian authorities leverage “national security” charges against most political prisoners.

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