سخنرانی آقای عسکری راد در افتتاحیه کارگروه حقوق بشر در مالزی

Dear ladies and gentlemen

First of all, I would like to express my pleasure of being here among you as the representative of my country, the Islamic republic of Iran, and I hope that this forum will be very helpful to all participants and play an active role instititutionalizti and mutual understanding of human rights in our countries.

I would like to briefly review the background of relationship between Iran and international communities in the field of human rights.

Iran is one of the first 51 states that signed and ratified the charter of the United Nations, so it is recognized as principal member of this international organization.

Iran is an active party to all institutions and organizations of the U.N.

Moreover, Iran has ratified many major universal human rights conventions/ Like the international covenant on civil and political rights (1966), the international covenant on economic, social and cultural rights (1966) and the international covenant on the rights of the child (1989) with vast reservations, but it has not ratified the optional concerned protocols and so is the international convention on women's rights.

However, in practice, women have a plenty of rights like traditional independence of property, the right to vote, equal right with men to a profession and occupation (except presidency and taking a seat as a judge)

Iranian women also enjoy other equal rights to legal capacity in main civil matters such as:

• - Equal rights to administer property and conclude contracts;
• - The rights to equal participation in public affairs including elections;
• - Freedom of conscience, belief, opinion and the right to education.

It should not been forgotten that women in Iran are deprived of some equalities with men like:

• - The equal right to divorce,
• - The equal rights of inheritance,
• - To do some business and go abroad without the consent of their husbands when they are married.

- To have equal credibility when they attend in courts as witness.

Impartiality and independence

Of judiciary and judges and

Independence of lawyers.

To ensure the rule of law, easy access to justice, fair trial and finally effective protection of the fundamental rights and freedom of the human being, any community needs to enjoy impartial and independent Judges in order to guarantee independency for lawyers who practice law.

Only an independent judiciary is able to render justice impartially on the basis of law and the public must have full confidence in the ability of judiciary to carry out its functions in these manners.

No legal system could be completed without independent lawyers who are able to persue their work freely and without fear of reprisals.

In countries where democracy is not institutionalized if government or judiciary issues licenses to lawyers, they are indirectly obliged to exercise their profession especially in sensitive cases as members of state–run professional organizations. Such lawyers basically can not carry out their work independently.

One of the keys to ensure the independence of Lawyers is to allow them to work freely without being obliged to obtain clearance or permission from the government to carry out their work.

Governments should actively permit and secure lawyers to carry out their professional responsibilities independently without undue interference from judiciary, executive, legislature or private groups or individuals.

Government should protect lawyers against violence, intimidation, hindrance, harassment or other improper interference.

Let me briefly review the system of proceedings in Iran.

I have classified all judicial cases in 3 categories:

1- Civil litigation

Civil proceedings are in the competence of the first instance courts by one judge and appealed by 3 judges under civil procedure rules.

2- Criminal hearings are done in the first instance criminal courts by one Judge and appealed by 3 judges.

Important criminal cases such as murder, political and press crime accusations are heared in province criminal courts by 5 judges, and appealed in the Supreme Court.

There are many cases that are quashed by appeal and high courts, and it could show that there is not a mutual understanding of some legal terms and institutions, in the legal system of the country.

Hearings in the courts are regularly done with respect to the right of having attorneies.

3- Preliminary investigations: lawyers face to limitations in this stage, especially in cases involved with security accusations.

According to law, Prosecutors impose numerous limitations against lawyers, and accused persons are not allowed to consult with their lawyers when they are being investigated.

Moreover there are disciplinary prosecutors and high courts for the wrongful acts or omissions commited by judges and there are some limited cases of convictions for corruption and misuse of judicial powers.

The problem that could decrease precise proceedings, among other elements, is the large amount of legal cases referred to the courts.

It is to be mentioned that all my comments were just a brief reference to the status of human rights in the legal system of Iran. I hope that exchange of views in this workshop can help to promote the position of human rights in the legal systems of our countries.

Hereby once again I would like to appreciate your kind attention to my comments and I hope this workshop can be an enlightening start for our further cooperation in the future.

Thank you all

HOSSEIN ASKARI RAD