As I wind down another day, I find myself battling exhaustion, and I’m compelled to share my feelings. For over 12 years, I, alongside numerous remarkable lawyers I have had the privilege to know, have been tirelessly advocating for justice, integrity, and the preservation of fundamental rights and freedoms in a country I once optimistically chose as my home.
Our ongoing struggle against different political parties, such as Labour, National, Green, and others who prioritize vote-winning over the consequential impacts of their actions, is a formidable challenge. It all began with the National government, 12 years ago, when we had to fervently protect the fundamental right to silence. That battle was won, but it marked the beginning of a tumultuous journey.
We faced a steep uphill battle against the Labour and Green parties’ ill-considered sexual violence bill. This policy, in our expert opinion, drastically undermines fair trial rights, the presumption of innocence, and even the sacred right to silence. We foresaw the disastrous ripple effects this policy would have on genuine victims and complainants and the considerable risk of false allegations. Unfortunately, our well-founded warnings were ignored because the Ministers responsible exhibited an egregious lack of courage, failing to challenge the Green Party and heed well-reasoned advice.
The profound sorrow I experience daily over this loss is indescribable, as I apprehensively anticipate the grim consequences our defendants and complainants may soon face, including the possibility of wrongful convictions.
Currently, we face the challenge of the National Law and Order policy, a policy that poses a serious threat to judicial independence by placing limitations on judicial discretion. This neglects the fundamental principle of separation of powers. It’s appalling to see harsher sentences being peddled as the ultimate solution while ignoring the reality that rehabilitation consistently yields better outcomes. Furthermore, the cost of incarceration is brushed aside.
The politicians’ constant characterization of defendants as ‘thugs’ is deeply disheartening. These individuals have often themselves been victims of abuse and cruel treatment. They are not ‘thugs’, but people who require compassion, understanding, and support.
The politicking with citizens’ fundamental rights and freedoms for votes deeply dismays me. Instead of engaging with ground-level experts eager to share their insights, politicians often consult with academics lacking practical experience or consultants who are out of touch with reality, paying them hefty fees and overlooking the true, gritty facts.
In a shocking twist of irony, the Sensible Sentencing Trust’s methods pose a threat to those they vow to protect – the victims. Their strategies reflect not wisdom but ignorance, all while they bask in their unmerited fame. A distressing case of the blind leading the vulnerable! My personal experience in Iran has exposed me to the damage done when victims are overly involved in decision-making. The difficult choice between execution and blood money often leads victims to regret their decisions post the execution of the defendant.
Victims absolutely need support, but sentencing decisions should be entrusted to impartial judges, not individuals personally connected to the case. It is essential for defendants to be allowed to present their background through cultural reports. Decisions must be dispassionate and informed, taking all mitigating factors into account.
The refusal to forgive is a tragedy that leads to more harm than good. I staunchly advocate for restorative justice, a system where all parties can heal and grow.
Despite my growing exhaustion and disappointment, we remain committed to this fight. We, as defenders of justice, do not have the luxury of giving up. The day we stop fighting is a dark day for the citizens of New Zealand. Politicians, as far as I can see, will not necessarily act in the best interest of their people. Until we address the systematic problems, election promises, no matter how alluring, will remain hollow, much like the failed promises of the Labour Party. If we crumble, the system crumbles, and New Zealand could soon mirror the dystopian image of Iran—a country devoid of the rule of law. The road is long, but it is a journey worth taking for a fair and just society.
Samira Taghavi is a human rights lawyer
Samira – Nice…but Parliament – Government is run by lawyers…so trusting lawyers to solve things is wishful thinking
@ Nathan
If all lawyers were the same, you may have a point.
Samira, as someone who has travelled the judicial journey with a family member, I understand every aspect of your blog.
The exhaustion, frustration and unbelievability that such blind justice could ever be entertained in what should be a democratic society, is something we must all advocate against, and as you say, try to preserve the fundamental
rights and freedoms of Aotearoa.
You speak of our ongoing struggle against differing political party policies and actions, actions that are little thought about before implementing, not understanding the damage they are about to do, the cost, not only monetary but human cost, and people wonder why we have a ballooning mental health crisis.
For me, the sexual violation bill was a defining moment in the history of Aotearoa, clearly showing us that in parliament they do as they wish, not as their constituents wish, failing to remember who actually voted them in to represent us all.
A clear example of this was the removal of the Childrens Commissioner bill, where 403 submissions that were made on the bill, 311 opposed the changes and only eight were in favour but still they proceeded.
National and Act, with their law and order policy, are simply riding the sympathy vote telling the voters what they want to hear, but in doing so are proving to the public that they do not understand what their policy will even cost, when Christopher Luxon on National television couldn’t even tell us what the cost is to imprison someone on a yearly basis, again showing the lack of understanding.
I congratulate your mention of “characterisation of defendants”, something so wrong, something I have lived through, and something that needs to change in a country where everyone is innocent until proven guilty, a basic human right which, as you say the politicians just ignore daily.
It is my belief that to change our system, we need to understand every person’s journey, innocent or guilty, because until we do, we cannot start to rehabilitate them, again a basis human right.
Yes victims have rights, and I advocate for that every day, but as you say, the current systems is wrong where defendants, are dehumanised having to listen to disgusting things said about them during sentencing which make little or no sense , failing to understand the possibility of all mitigating factors, and national are now wanting to remove the one right these people have by deleting the most important thing, that being the culture report, which we know is a start to the journey of healing.
My journey has just begun, learning that you do not ever understand the issue or concern, until you have actually lived and breathed it. I have lived it and I appreciate that the road is steep, and the journey is going to be a long one, but this is a journey that we all need to travel to get back the country that we all know and love, Aotearoa.
Big THANK YOU Samira.
I really appreciate your response Jackie. Heart warming.
I’m all for rehabilitation that works, but what exactly is that? Restorative justice is bullshit – it has zero effect when agreed outcomes aren’t enforced, which is a shame because it then leads people who could have been helped further into recidivism.
Really so you have been through the system either as a victim or offender have you?
Please tell us all what happens in your home / workplace when there is a difference of opinion? Do you just say I win and no one else’s opinion matters.
Restorative justice is a powerful tool proven to work world wide.
Thank God your not a lawyer in parliament!!
We need to protect the right to free speech.
I support you Samira and I think most fair minded NZ do.
“We need to protect the right to free speech.”
Indeed we do, JKT.
Thanks for all the work you do, Samira.
Keep up the good fight.
Hi Samira. Another brilliant article from you and you are so right.
Every three years, the National Party, supported by their marketing team and prime labour attack dogs, Mike Hoskings, Jessica Mutch-McKay, Heather Du Plessis-Allan and her husband Barry Soper, push the policy of generating fear in the electorate, primarily amongst older voters, by saying they are vulnerable in their homes and on the streets by lawless gangs, and then providing a quick-fix solution of lock them all up, including children, and then we can all live happily ever after. This goes down well with the people who are preached to which it is why it was so easy for Luxon to now promise to introduce the 40% cap on reductions given by the Courts. Such a simplistic approach but one that is easily accepted by those who have been indoctrinated with fear. Ironically, he is the very person who allowed bully-boy Uffindel back as an MP – so on the one-hand and according to Luxon, be fearful of the gangs, yet on the other, he allows a true bully back into represent National. I guess that says a lot about the culture of National.
Your work and fight for justice, is just superb. You fight for the rights of all women and the true victims. Your brilliant articles on the new sexual violence law were great yet this law was still introduced by the Labour Party, who did not stand up to the nonsense of it and it pushed through by the then minister of Justice Andrew Little, who I have been made aware, attended a law conference about three years ago and said in an aggressive and bullying way to the lawyers who were present at the conference that the bill was going to be passed whether the lawyers liked it or not, and then he walked out, leaving the lawyers present bemused but not surprised at his attitude.
You’re a star Samira. I can well understand how exhausting it is but keep up the good fight including the fight for the young women who are being oppressed in Iran.
An interesting perspective. I wonder when Ms. Taghavi will give the same benefit of the doubt to the heroic Iranian patriots who fight back against the ISIS and Kurdish terrorists she supports?
She has and she does. She has been in the media and television leading rallies in support of the young Iranian women. She dies not support the ISIS and Kurdish terrorists. What an outrageous statement to make.
Samira, I have followed your journey, read your blogs, read your submissions Re the sexual violation bill and have enjoyed it all.
Have you considered politics as a path forward?
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