GUEST BLOG: Samira Taghavi – Manipulating Our Freedom: Politicians’ Dangerous Game with Fundamental Rights
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 prioritise 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 characterisation 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
