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DEUTSCH WELLE

Arresting the attorney to intimidate the other counsels
May 3/2010

Mohammad Olyaiefard, defense attorney for a number of political,civil,student activists and minor children (under 18 years old) on the death row, was arrested on Saturday. His attorney, Abdolfattah Soltani, believes that his arrest is illegal and it is done to intimidate other attorneys.

Numerous times , Mohammad Olyaiefard has been under sever pressure for defending intellectuals and critics of the Islamic Republic. As a result of of addressing torture of one of his clients and the execution order of his other minor client, he has been accused of broadcasting lies and propaganda against the regime. On May first, the Labor day, in the Revolutionary court, he was arrested,shackled, and transferred to Evin prison. The following is the interview with Abdolfattah Soltani, one of the three Olyaiefard’s attorney:

DEUTSCH WELLE: Mr. Soltani, we were informed that your client, Mr. Mohammad Olyaiefard, was arrested yesterday,Saturday may1,2010. Do you know what was the nature of his arrest?
Abdolfattah Soltani: unfortunately, base on my information, yesterday, at ten AM ,he had a meeting with Mr. Azimi, the head of Tehran Revolutionary court. I was suppose to accompany him but unfortunately I was sick and could not go,therefore he went by himself. Apparently when he saw the director of the 26TH branch office or in the stair ways to his office, was informed of the execution of the court order. As I have heard it from his wife, they shackled both his legs and hands and transfer him to Evin prison. This happens while the court order has not been legally communicated to him or any of his attorneys. This is against the law when the order is not conveyed to the accused or the attorney,instead they call the lawyers or ask them to copy the order down in the stairways. Since this action is against the law, in our opinion his arrest is unlawful and the court order is illegal. They have to be under investigation because of illegal arrest.

Mr. Olyaiefard, had been arrested two moths ago. Are these arrest related together?
Yes. Mr. Olyaiefard, had been arrested on March 9/2010 for six or seven days. Base on the order from the judicial authorities, the continuation of his arrest was reversed and was released after one week. Again in this juncture they act the same and arrested him.

What was the charges and accusations of these arrests?
Mr. Olyaiefard had an interview and was said that he had propagandized against the regime. This accusations happens at the time that anybody knows ,when a lawyer defends his clients,throughout the interviews,while he is explaining the charges to the media, there might be slip in his explanations therefore might be misunderstanding of the words said. But unfortunately to intimidate the attorneys that are not many of them,who defend the accused political activists, they clash in this manner to teach
the rest a lesson. This shows that an attorney does not have legal freedom to defend his client.

Mr. Olyaiefard arrest was on May First, the Labor Day. We know he is representing some of the labor rights activists. Do you think the arrest was accidental?
I do not think this was the reason of his arrest. Its main reason is the unlawful method that is being practiced by some Revolutionary court branches. It is unlikely that the arrest was because of this.

As we know he has three attorneys and you being one. What is done for his defense and freedom?
To begin with, he has made a complaint against the director of the branch 26 TH office and is now under consideration. Also we have written a letter that is being presented to the province high ranking judiciary authorities, to find out what their order is going to be and what action has to be taken to halt this illegal practice.

Is there a possibility that this case to be closed once and for all,at least for Mr. Olyaiefard?
We are optimistic, but there is a slight chance, because the demeanor has been the way that if the first one does not reach a conclusion, the second,third,…would be on its way and carry it on to the point that either the other party gets tired or finally sentence him with few years of confinement and discharge him from practicing law and defense. It is similar to what is done to the other attorneys.

Original documant link: http://www.dw-world.de/dw/article/0,,5530042,00.html