Chapter 4 • Independence and Impartiality of Judges, Prosecutors and Lawyers 6.5 Codes of professional discipline With regard to professional discipline, Principle 26 of the Basic Principles provides that “Codes of professional conduct for lawyers shall be established by the legal profession through its appropriate organs, or by legislation, in accordance with national law and custom and recognized international standards and norms.” Complaints against lawyers “shall be processed expeditiously and fairly under appropriate procedures”, and lawyers “shall have the right to a fair hearing, including the right to be assisted by a lawyer of their choice” (Principle 27). Furthermore, “disciplinary proceedings against lawyers shall be brought before an impartial disciplinary committee established by the legal profession, before an independent statutory authority, or before a court, and shall be subject to an independent judicial review” (Principle 28). Finally, all such proceedings “shall be determined in accordance with the code of professional conduct and other recognized standards and ethics of the legal profession and in the light of these principles” (Principle 29). It follows from these principles that any disciplinary proceedings against lawyers who are accused of having failed to conduct themselves in accordance with the recognized standards and ethics of their profession must be truly independent of the Executive and guarantee due process in the course of the proceedings. Lawyers constitute a fundamental pillar for maintaining the rule of law and ensuring the effective protection of human rights. In order to be able to fulfil their professional duties, lawyers must, in particular: l be able to work in true independence, free from external political or other pressure, threats and harassment; e.g., they shall not have to obtain Executive permission to exercise their professional duties; l be ensured due process guarantees, which include the legal right and duty to advise and assist their clients in every appropriate way in order to protect their interests; l be able to act to uphold nationally and internationally recognized human rights; l be allowed to answer for violations of rules of professional conduct before an independent disciplinary board respecting due process guarantees. Lawyers also enjoy the fundamental freedoms of association, assembly and expression. Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers 157

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