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Opinion on a draft convention for the protection of the profession of lawyer

Amendment No. 1 | Doc. 16102 | 29 January 2025

Signatories:
Mr Titus CORLĂŢEAN, Romania, SOC ; Ms Petra BAYR, Austria, SOC ; Ms Alina-Ștefania GORGHIU, Romania, EPP/CD ; Ms Saskia KLUIT, Netherlands, SOC ; Mr Cristian-Augustin NICULESCU-ȚÂGÂRLAȘ, Romania, EPP/CD ; Ms Wanda NOWICKA, Poland, SOC
Origin
2025 - First part-session
In the draft opinion, before paragraph 17, insert the following paragraph:

"Moreover, concerned about several cases reported in a number of Council of Europe member States related to acts of harassment, pressure or abuse against lawyers coming from prosecutors' offices, law enforcement agencies or other State bodies, the Assembly proposes the following additional amendments to the draft Convention:

- insert a new sub-paragraph at the end of Article 9 paragraph 3: "d) have the necessary means in order to prevent them from being subjected to disproportionate measures of force, which could affect the prestige of the legal profession, such as public exposure of lawyers in handcuffs;"

- insert a new sub-paragraph at the end of Article 6 paragraph 3: "d) can require and obtain the physical destruction of evidence which has been taken by public authorities in breach of sub-paragraph a, b, or c, so that it cannot be used in any judicial or other procedures, whatever the subject of such procedures.""