The principles and guarantees applicable to advocates
- Author(s):
- Parliamentary Assembly
- Origin
- Text
adopted by the Standing Committee, acting on behalf of
the Assembly, on 23 October 2020 (see Doc. 15152, report of the Committee on Legal Affairs and Human
Rights, rapporteur: Mr Aleksandr Bashkin).See also Recommendation 2188 (2020).
1. The Parliamentary Assembly refers
to its
Recommendation
2121 (2018) on the case for drafting a European convention
on the profession of lawyer, in which it underlined the vital contribution
of lawyers to the effective administration of justice. Lawyers play
a central role in protecting human rights, in particular people’s right
to a fair trial, and in implementing principles of the rule of law.
2. The Assembly remains concerned by the numerous cases of violations
of lawyers’ rights, including attacks on their safety and independence,
in recent years. Lawyers continue to be targeted for their involvement
in human rights-related cases, such as defending the rights of refugees,
asylum seekers, migrants, women, members of national and linguistic
minorities, and lesbian, gay, bisexual, transgender and intersex
(LGBTI) people. They have also been targeted for their work denouncing
government unaccountability or corruption, or for representing particular
individuals (such as terrorist suspects, opposition politicians,
civil society activists and independent journalists). Lawyers have
also been identified with their clients and, by extension, their
clients’ political affiliations or the offences of which they are
accused.
3. Attacks against lawyers’ personal safety and liberty often
take place against a general background of lack of respect for the
rule of law. Lawyers may face administrative and judicial harassment,
including abusive interference with their professional rights and
privileges, such as intrusions into privileged lawyer–client communications,
searches of their persons or their professional premises, seizures
of case-related documents, illegal audio and video surveillance,
non-communication of essential case-related information, blacklisting
or travel bans. Advocates have even been summoned as witnesses in
cases against their clients. Advocates have experienced numerous
restrictions while conducting their professional activities, including
non-admission to the pretrial detention centre or place of detention
where their client is being held, thereby undermining the confidentiality
of lawyer–client privilege, and failure to inform an advocate about
a client’s location. The authorities have also interfered in the
work of independent bar associations.
4. The Assembly underlines that Council of Europe member States
have subscribed to the minimum standards currently laid out in
Recommendation
Rec(2000)21 of the Committee of Ministers on the freedom
of exercise of the profession of lawyer. It continues to encourage
the effective and full implementation of these provisions, pending
their translation into an international legally binding instrument.
5. The Assembly emphasises the importance of the roles of the
Assembly’s General Rapporteur on the situation of human rights defenders,
as well as of the Commissioner for Human Rights, who can both engage in
dialogue on the issues concerning lawyers. In addition, the Assembly
continues to encourage improved implementation of standards through
co-operation and training activities provided by the Council of
Europe.
6. The Assembly urges all Council of Europe member States to
ensure effective protection of the profession of lawyer, including
by:
6.1 prohibiting State interference
in the legal profession and clearly identifying the specific activities that
amount to prohibited interference;
6.2 establishing a domestic legislative framework that guarantees
the efficiency, independence and safety of lawyers’ work, in particular
by:
6.2.1 ensuring that national legislation and law-enforcement
practice improve the conditions of and guarantees for lawyers’ work
in full compliance with the existing standards set out in the United
Nations Basic Principles on the Role of Lawyers (1990), the Committee
of Ministers
Recommendation
Rec(2000)21 and Assembly
Resolution 2154 (2017) on securing
access of detainees to lawyers;
6.2.2 ensuring appropriate national safeguards against abuses
and unlawful interference with lawyers’ professional activities,
also in contexts which may justify some greater restrictions of lawyers’
rights, such as the fight against terrorism, organised crime or
money laundering;
6.2.3 investigating and holding to account the perpetrators
in all instances of unlawful intimidation, harassment or physical
attacks and prosecuting any criminal offences committed against
lawyers, regardless of the source of the threat.
