Chapter 4 • Independence and Impartiality of Judges, Prosecutors and Lawyers 5.7 Accountability Disciplinary proceedings against prosecutors alleged to have “acted in a manner clearly out of the range of professional standards shall be processed expeditiously and fairly under appropriate procedures”. Prosecutors “shall have the right to a fair hearing”; and, as with respect to judges, the decision “shall be subject to independent review”, a requirement that eliminates the possibility of undue interference by the Executive and strengthens the independence of the prosecutors (Guideline 21). Prosecutors fulfil an essential function in the administration of justice and must be strictly separated from the Judiciary and the Executive. Prosecutors must, in particular: l be able to perform their professional duties in criminal proceedings in safety, without hindrance or harassment; l act objectively and impartially, respect the principles of equality before the law, the presumption of innocence and due process guarantees; l give due attention to human rights abuses committed by public officials, including law enforcement officials; l not use evidence obtained by unlawful methods which violate human rights (forced confessions through torture, etc.). 6. International Law and the Independence of Lawyers 6.1 Applicable international law In addition to independent and impartial judges and prosecutors, lawyers constitute the third fundamental pillar for maintaining the rule of law in a democratic society and ensuring the efficient protection of human rights. As stated in the ninth preambular paragraph of the Basic Principles on the Role of Lawyers, which were adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders in 1990: “... adequate protection of the human rights and fundamental freedoms to which all persons are entitled, be they economic, social and cultural, or civil and political, requires that all persons have effective access to legal services provided by an independent legal profession”. In order to be able to carry out their professional duties effectively, lawyers must not only be granted all the due process guarantees afforded by domestic and international law, but must also be free from pressures of the kind previously described 150 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers