The independence of judges and lawyers is threatened, also in the western world. CCBE in its latest newsletter reports on participating in the 50th UN Human Rights Council in Geneva where the UN Special Rapporteur on the Independence of Judges and Lawyers, Diego García-Sayán, presented his report on the “Protection of lawyers against undue interference in the free and independent exercise of the legal profession”. CCBE summarizes the report as follows:

The Special Rapporteur recommends, among others, that States should take all necessary measures to ensure the free exercise of the legal profession, in all circumstances, so that lawyers may exercise their legitimate professional rights and duties without fear of reprisals and free from all restrictions, including judicial harassment. In particular, the Special Rapporteur made a recommendation that States should design and carry out measures to prevent the identification of lawyers with their clients or the causes they defend. Additionally, the Special Rapport stresses the importance for Bars and Law Societies to remain independent and self-governing professional associations in order to promote and protect the independence and the integrity of lawyers as well as to safeguard their professional interests.

Most importantly, as regards the ongoing work of the Council of Europe on the drafting of an international legal instrument aimed at strengthening the protection of the legal profession and the right to practise law freely without prejudice or hindrance, the Special Rapporteur supports the adoption of a binding instrument that is open to accession by non-member States of the Council of Europe. In its concluding remarks to the UN Human Rights Council, the Special Rapporteur particularly underlined his gratitude to the CCBE for its collaboration and contribution to the preparation of the report, praising its work for the “defence of defenders”. He ended by appealing again to the Council of Europe Member States to support the adoption of a binding legal instrument on the protection of the free and independent exercise of the legal profession that is open to accession by non-member States of the Council of Europe.

More information:

• July newsletter of the Council of Bars and Law Societies of Europe (CCBE), page 7.
• Report by the Special Rapporteur.
• Presentation of the report.
• CCBE paper on the independence of lawyers.

Earlier articles on this blog:

• Independence of lawyers threatened | CCBE, 2 January 2022.
• New CCBE president: AML/CFT proposals European Commission have problematic issues and the principle of non-identification of lawyers with their clients, 14 March 2022.
• The ‘facilitator’ frame has reached the offices of the OECD | AML, CFT, 28 July 2021.
• All posts on this blog on the ‘facilitator’.