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| Musa Barzin |
According to Musa Berzin, millions of non-Persian-speaking individuals in Iran who either do not know Persian well or struggle to express themselves in the language can face injustices in the judicial system, even when they are right.
Speaking to Voice of America, the lawyer emphasizes that the right of defendants to have access to an interpreter is not explicitly guaranteed under Iranian law. He argues that the defense rights of citizens from non-Persian communities are not fully upheld in the courts.
"In Iran, millions of people do not speak Persian. Even if they do, they may struggle to express themselves in the language. If a person has difficulty expressing themselves in any language and feels more comfortable in their mother tongue or another language, the country should provide the necessary facilities to allow them to express themselves comfortably," Berzin states.
He highlights that language barriers in Iranian courts can lead to injustice:
"If individuals cannot express themselves in court in the language recognized by law, it means justice cannot be properly served for them. They are at a higher risk of experiencing injustice. This issue is especially critical in criminal courts. Whether the individual is a defendant or a complainant, if they cannot express themselves and communicate their case to court officials and judges, the opposing party can take advantage of this. A person can be right but still end up losing their case unjustly."
According to the lawyer, the Iranian judicial system has not taken sufficient measures to address this issue in proportion to its seriousness.
He believes that to fully resolve this problem, at the very least, languages spoken by millions of people should be granted official status in legal documents.
"For a fundamental solution to this issue, languages other than Persian should also be official. At a minimum, Turkish, spoken by at least 30 million people, should be recognized alongside Persian as an official language. These languages must at least be official in their respective regions. However, since they are not currently official, what should be done? In other countries, the right to an interpreter is recognized. That means if a person is unable to communicate in the official language of government institutions, the state or relevant institution must provide them with an interpreter."
Berzin points out that Iranian law does not guarantee this right.
"In Iranian law, we see that if a person cannot speak or write in Persian, they will only be assigned an interpreter at the prosecution stage. Beyond that, there is nothing. The law does not state that they have this right at the police station or in other stages—only at the prosecution level," he notes.
The lawyer stresses that this practice does not comply with international standards:
"This is not sufficient. Because when we look at international documents, they clearly state that governments are obligated to provide interpretation services to individuals who do not understand the official language."
Although Iranian courts use official interpreters, Berzin argues that this service is not effectively extended to Iranian citizens in practice:
"The use of official interpreters in courts is not a common practice. There is no standard approach to ensuring that non-Persian-speaking ethnic groups in Iran are provided with an official interpreter. Such services are typically reserved for foreign nationals. For local residents, they resolve the issue informally—by finding someone in the area who knows both Persian and Turkish, for example. But this is not sufficient. This method does not ensure that the person's rights are properly protected."
He further explains:
"Official interpreters are qualified, have taken an oath, and bear responsibility for their work. However, when someone is randomly chosen from the street, that person has no accountability. If there is a mistake in the translation, proving it later becomes very difficult."
Highlighting that non-Persian defendants may face language barriers from the moment of their arrest until their trial, the lawyer asserts that "the right to defense for non-Persian nations is not fully upheld in courts."
"When a defendant is arrested, they are first taken to a police station or an investigation center, where their statements are recorded. This often happens in writing. They are given a document and asked, ‘Did you commit this act or not?’ If they do not know the language well, they will not be able to respond correctly. In other words, we can say that the right to defense for non-Persian-speaking nations is not fully recognized," the lawyer explains.
According to international human rights organizations, particularly in cases involving the death penalty, the lack of proper interpretation services for defendants can lead to irreversible tragedies.
Referring to statements from Amnesty International, Berzin notes that some defendants who do not understand Persian may not even comprehend the charges brought against them. The organization has previously reported that Sakineh Mohammadi Ashtiani and Shamama Ghorbani, both sentenced to stoning in past years, did not know Persian and were forced to sign documents in Persian without understanding their content.
"In Iran, more than 200 offenses carry the death penalty. Naturally, people facing capital punishment will encounter even greater difficulties in this regard. For example, a person arrested for drug-related offenses likely does not have a high level of education. It is understandable that they may not know Persian well. Now imagine that their trial process lasts three or four years. If they are forced to express themselves in Persian throughout this period, a completely unjust situation will arise. Moreover, they do not have the right to meet with a lawyer. In Iran, legal representation is only available at the court stage. These individuals also need to write letters to government institutions, but they cannot do so. Unfortunately, Iranian prisons do not provide such services," Berzin adds.
Link to the original interview in Turkish on the Azerbaijani section of Voice of America:
Musa Bərzin: Farscanı yaxşı bilməyənlər məhkəmədə haqlı ikən haqsız duruma düşə bilir