UN Special Rapporteur on the Independence of Judges and Lawyers – Advance Report

June 16th, 2017 § 0 comments

In the advance report of 9 June 2017, the UN Special Rapporteur presents his perspective on the mandate.

The Rapporteur identified four broad areas of concern: (1) judicial indpendence; (2) corruption, organised crime and the indepdence judges and lawyers; (3) protection of the legal profession; and (4) restrictions to the right to a fair trial and due process of law.

Concerning the ‘protection of the legal profession’, the Rapporteur states:

89. The Special Rapporteur takes note of the existing barriers and threats faced by lawyers around the world and will analyse this issue in future reports.

119. Bar associations, institutions that have a vital role to play in upholding professional standards and ethics, must assume their responsibilities in this respect and embrace both the Basic Principles on the Independence of the Judiciary and the Basic Principles on the Role of Lawyers.

127. The Special Rapporteur encourages all States, bar associations and lawyers’ organizations to endorse the Basic Principles on the Role of Lawyers and to disseminate their content, so that they may be fully known by all authorities and members of the legal profession.

131. It is the responsibility of States to ensure security and physical protection for all members of the legal profession in order to guarantee the independence of the judiciary. One of the priorities must be to set out a protocol that would allow detecting and dealing with such circumstances.

The Report has been prepared for the Human Rights Council on 6-23 June 2017.

Links:

Post of 13 January 2017 on the UN Special Rapporteur.

UN Basic Principles on the Role of Lawyers.

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