استقلال دفاع؛ نقش در تغییر عدالت اجتماعی
One of the most controversial issues originated from both domestic and international human rights’ attitudes is the defense independency for lawyers. Defense independency includes legal elements to protect citizens via a vast range of criteria attempting to categorize the just and fair judicial procedures. This article was designed to explain its practical and theoretical impacts on individuals and their community as a whole. Undoubtedly, an independent defense is a fundamental infrastructure to achieve an objective justice for people and their societies.
An independent advocate assists other members of the law society including the judges, legal advisors and consultants, police officers as well as academics to help people in order to reflect their stronger voice as far as the law supports them, although they are responsible to defend their clients’ rights in the judicial body. He or she, hence, is responsible to preserve documents or information legally and is independent from their organizations either providing other types of legal services or recruiting them just for a special case as well. In addition, an independent advocate is not allowed to make any decision meeting the interests of a person or group supporting him or her in terms of legal, financial or even organizational needs professionally. Therefore, advocates assist their clients with getting the information needed to decide a sensitive defense strategy controlling and managing clients’ circumstances and to support them to put their choices across to others. Of course, their social mission is based on talking on behalf of people who are unable to do so for themselves or know about how to tackle their family or individual problems. It is crystal clear that they would fail to defend justice as a real need of the society as a whole, if they could not defend their clients without any concerns. Therefore, the independent defense in or out of courts is necessary to achieve such important missions.
The main question debated by lawyers and legal decision makers is to what extent and how lawyers, barristers, solicitors as well as judges can be more useful to apply independent defense to serve their citizens better. It is not hard to say easily that a reader can imagine a real defense in the court and figure out about what exactly a lawyer should do independently. Barristers are responsible to stand alongside people who are in danger of being pushed to the margins of society. Of course advocates should work on natural justice and complete legal procedures focusing on law and regulations applied in the cases. They, therefore, must defend without any bias assisting them in listening to someone and trying to understand their point of view. A real defense cannot be achieved unless you go through the complete and comprehensive understanding about what happened.
In addition, finding out what makes them feel good and consent is not less significant than what mentioned above. As a result, they should have the skills about understanding about their situation and what may be stopping them from getting what they want. They must be independent because offering the person the needed support to tell other people what they want or introducing them to others who may be able to help is vital to reach a just and fair decision. They are professional to enable a person to have control over their life but taking up issues on their behalf if they want them to.
The independency defense ,in addition, has been recognized not only to support the rights of individuals, but to preserve the social approaches as well. Fair trial and fair hearing rights are mentioned to reach a fair judicial procedure to meet the social need for having a calm community. Defense Independency in judgments and ruling of the courts depends on public trust and confidence structured by the integrity and independence of all legal players including judges and advocates. It means practically to what extent they work and act without fear or favor.
Although lawyers should behave independently, they must comply with the law and should comply with every legal tools accepted by law such as norms, values and customs. Adherence to such a responsibility prepares all what we need to maintain public confidence. Conversely, violation of law in terms of defense in the courts diminishes it in the judiciary system of sovereignty under law. Therefore, it is vastly accepted in all developed legal systems to respect and insure to respect concerning full application and performance of independent defense in the courts in all judicial stages.
Having cited above points, I really believe in the idea that independency in defense is not only necessary, but highly recommended by experts and other parties involved as well. It is sheer truth that without any defense independency for individuals and their society, justice is nonsense.