Being the Right of an Attorney from the Perspective of Human Rights and Iran Law

Being the right of an attorney is the most important clauses in the process of the equitably judgment on local and international courts. This is the requisite right and the preface of assured enforcement of another right that in human rights documents is called “right of defense”. The convicted person often is not informed by his/her own legal rights and cannot notify the judges his/her own claims such that are essential. Therefore, being the right of an attorney is one of the guarantees of accused defense rights that are stipulated in numerous international documents. For example, in the universal declaration of Human Rights and civil, political, economic, social and cultural covenants, this certain right of accused has been emphasized. Since, today the proficiency exchange the first word, based on this validity in most countries of the world, the attorney ship is convincing. In the Islamic Republic of Iran, participation of defending attorney in offences is culpable of retaliation for manslaughter, annihilation, stoning to death and prison for life and hence there should be enough attorney. Furthermore, in accordance with article 35 of the Constitution of Islamic Republic of Iran, in all the courts both parties have the right to choose their attorney and if they do not have the ability to select an attorney, it must provide the facilities for them to determine an attorney. However, for persons who cannot pay an attorney٫s earning, the possibility of using appointed attorney is predicted by legislator. So in view of the state of human rights in the Charter of Human Rights, the prevailing view is displayed.