Chapter 4 • Independence and Impartiality of Judges, Prosecutors and Lawyers with regard to judges and prosecutors: in other words, a just and efficient administration of justice requires that lawyers too should be allowed to work without being subjected to physical attacks, harassment, corruption, and other kinds of intimidation. The various procedural guarantees contained in international law that allow lawyers to represent the interests of their clients in an independent and efficient manner in civil and criminal proceedings will be considered in other parts of this Manual. Here, the analysis will be limited to highlighting some of the main principles contained in the Basic Principles on the Role of Lawyers, as well as some statements made, and cases decided by, the international monitoring organs concerning the rights of lawyers. 6.2 Duties and responsibilities Principle 12 of the Basic Principles provides that “lawyers shall at all times maintain the honour and dignity of their profession as essential agents of the administration of justice”, and, according to Principle 13, their duties “shall include: (a) Advising clients as to their legal rights and obligations, and as to the working of the legal system in so far as it is relevant to the legal rights and obligations of the clients; (b) Assisting clients in every appropriate way, and taking legal action to protect their interests; (c) Assisting clients before courts, tribunals or administrative authorities, where appropriate”. In “protecting the rights of their clients and in promoting the cause of justice”, lawyers shall also “seek to uphold human rights and fundamental freedoms recognized by national and international law and shall at all times act freely and diligently in accordance with the law and recognized standards and ethics of the legal profession” (Principle 14). Lastly, “lawyers shall always loyally respect the interests of their clients” (Principle 15). 6.3. Guarantees for the functioning of lawyers According to Principle 16 of the Basic Principle on the Role of Lawyers, “Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (b) are able to travel and to consult with their clients freely both within their own country and abroad; and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.” Furthermore, “where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities” (Principle 17). Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers 151

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