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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