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).
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