Chapter 4 • Independence and Impartiality of Judges, Prosecutors and Lawyers “No court or administrative authority before whom the right to counsel is recognized shall refuse to recognize the right of a lawyer to appear before it for his or her client unless that lawyer has been disqualified in accordance with national law and practice and in conformity with these principles.” Lastly, Principle 20 adds that “Lawyers shall enjoy civil and penal immunity for relevant statements made in good faith in written or oral pleadings or in their professional appearances before a court, tribunal or other legal or administrative authority.” 6.4 Lawyers and fundamental freedoms Principle 23 of the Basic Principles on the Role of Lawyers provides that “Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization. In exercising these rights, lawyers shall always conduct themselves in accordance with the law and the recognized standards and ethics of the legal profession.” Principle 24 further states that lawyers “shall be entitled to form and join self-governing professional associations to represent their interests, promote their continuing education and training and protect their professional integrity”. Moreover, according to this principle “the executive body of the professional associations shall be elected by its members and shall exercise its functions without external interference”. It follows from this principle that these associations shall aim at safeguarding the professional interests of the lawyers and strengthening the independence of the legal profession. As pointed out by the Special Rapporteur, Bar Associations shall not, consequently, be used “to indulge in partisan politics” whereby they would compromise “the independence of the legal profession”.140 6.4.1 Executive permission to exercise the legal profession One of the keys to ensuring the independence of lawyers is to allow them to work freely without being obliged to obtain clearance or permission from the Executive to carry out their work. This view was confirmed by the Human Rights Committee with regard to Belarus when it noted with concern “the adoption of the Presidential Decree on the Activities of Lawyers and Notaries of 3 May 1997, which gives competence to the Ministry of Justice for licensing lawyers and obliges them, in order to be able to practise, to be members of a centralized Collegium controlled by the Ministry, thus undermining the independence of lawyers”. Stressing that “the independence of the judiciary and the legal profession is essential for a sound administration of justice and 140 UN doc. E/CN.4/1995/39, Report of the Special Rapporteur on the independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers, para. 72. Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers 153