Dr. Beheshti,
the Head of the country's Supreme Court and a member of the High Judicial
Council, was interviewed by the national and international reporters and
responded to questions on various subjects.
The purge of the Barr Association
Q: In today's Mizan newspaper there is an article quoting 94 Court
Attorneys regarding torture. From their writing it can be concluded that they
are trying to instigate agitations. [This is one of the institutions where] purges
have not yet taken place. Recently, the Barr Association has published a
booklet with even the names and pictures of the attorneys who are active
outside of, and against the country. Would you please comment on this?
A: The judiciary and the Barr
Association's in the Ministry of Justice must be built anew according to the
new laws based on the Islamic values. Where it pertains to the Barr Association,
there is a plan prepared which I hope will be completed soon and submitted to
the Parliament for legislation.
The Attorneys Participation in trials
Enqelab Eslami- Considering that the
accused who are tried in the Islamic courts are not
familiar with the Islamic principles and laws, and in the constitution of the
Islamic Republic of Iran, the roles of the defense attorneys have been stipulated,
what have you done so far for participation of the qualified attorneys?
A: There is no need for new
steps. It has already been announced that those attorneys familiar with the
Islamic penal code, and whose qualifications have been ratified by the judiciary,
can participate.
Enqelab Eslami: But there has been no
similar case (with the participation of an attorney) so far.
A: You must ask why!
Enqelab Eslami: For example, in Saadati's trial (a member of the leftist Muslim, People's Mojahedin who was accused of spying for the Soviet
Union), Dr. Lahidji (lawyer and
university law Professor) announced he was ready to participate, but the
judiciary did not invite him.
A: Perhaps the judiciary did
not find his method of defense in line with the requirements of the Islamic
code. At any event, the essential issue is that legal representation must
really be at the service of the truth and not a service to the defendant. If
defense is at the service of the truth, it is a very good thing, but if defense
is at the service of the defendant - the defendant being right or wrong - this
is against the principles of Islam.
Enqelab Eslami: which authority
ratifies the qualifications of the attorneys?
A: At least, the views of the
High Judiciary Council in this case can be of value.
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The daily Enqelab Eslami, 1 January 1981.