International Standards on the Role of Defense Counsel

From Criminal Defense Wiki
Jump to navigationJump to search

Contents

Introduction

In countries all across the world, defense lawyers fill a unique role in society. As advocates and protectors of those who need defending, we work tirelessly to ensure that justice is served. In our roles as attorneys, we are afforded rights and in turn must fulfill obligations. This role is defined in international treaties. Although there is no codified international law to look to in order to determine what these rights and obligations are, the Office of the United Nations High Commissioner for Human Rights has published “Basic Principles on the Role of Lawyers”.

The Basic Principles on the Role of Lawyers was adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, in Havana, Cuba, in September 1990. They can be found at: http://www2.ohchr.org/english/law/lawyers.htm. The document refers to specific language within a variety of international treaties. The Principles were formed based on that language. This publication cites language from treaties and declarations that have been made and forms a set of principles to guide the practice of law in countries all across the world.

The purpose of this writing is provide an easy resource for defense attorneys about the role of lawyers. Part I will identify each treaty or instrument cited by the Principles, including quick facts about the treaty and which countries have signed on to the treaty. It will also analyze how each treaty links to ethics and the professional responsibility of lawyers. Part II will break down the Principles into simple-to-use language, along with ideas for practice.


The Role of Lawyers in International Treaties and Instruments

Charter of the United Nations

Language

“the peoples of the world affirm, inter alia , their determination to establish conditions under which justice can be maintained, and proclaim as one of their purposes the achievement of international cooperation in promoting and encouraging respect for human rights and fundamental freedoms without distinction as to race, sex, language or religion…”

How does this treaty relate to ethics and the professional responsibility of lawyers?

As lawyers, it is our responsibility to ensure that we fight for justice and in that capacity, that we represent our clients to the highest degree of the law. We must work to guarantee legal rights fall into the categories of human rights and fundamental freedoms. As advocates, we must not discriminate in our representation of our clients based on their race, sex, language or religion and we must also ensure that the government is not withholding our clients’ human rights and fundamental freedoms based on their race, sex, language or religion.

Is my country a Member state of the United Nations?

Member states (listed alphabetically):

Afghanistan, Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo (Republic of the), Costa Rica, Côte d’Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People’s Republic of Korea, Democratic Republic of the Congo, Denmark, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kiribati, Kuwait, Kyrgyzstan, Lao People’s Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia (Federated States of), Monaco, Mongolia, Montenegro, Morocco, Mozambique, Myanmar, Namibia, Nauru, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Palau, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Sao Tome and Principe, Saudi Arabia, Senegal, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, South Sudan, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Switzerland, Sweden, Syria, Tajikistan, Thailand, The former Yugoslav Republic of Macedonia, Timor Leste, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Tuvalu, Uganda, Ukraine, United Arab Emirates, United Kingdom, United of Republic of Tanzania, United States, Uruguay, Uzbekistan, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.

Universal Declaration of Human Rights

Language:

“Whereas the Universal Declaration of Human Rights enshrines the principles of equality before the law, the presumption of innocence, the right to a fair and public hearing by an independent and impartial tribunal, and all the guarantees necessary for the defense of everyone charged with a penal offence . . .”

How does this relate to ethics and the professional responsibility of lawyers?

This treaty has strong language that guarantees our client’s the fundamental rights they are owed. It unequivocally states that clients who are charged with penal offenses have the right to a defense. This treaty also calls for equality before the law, which is another way to show that our clients may not be discriminated against. As stated in the Principles, it also calls for a fair and public hearing before an independent and impartial tribunal.

Did my country sign the Universal Declaration of Human Rights?

The UDHR was adopted by the UN General Assembly in 1948. It was adopted by the international community in response to World War II, in order to ensure that atrocities like those of World War II would never repeat. The UDHR is a non-binding resolution, but is considered customary international law. It is part of the International Bill of Human Rights, which also includes the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. Since the UDHR is not technically legally binding, there are no signatories. However, Member states of the United Nations voted on the UDHR when it was proposed in 1948. Forty eight countries voted in favor of it and eight countries abstained.

In favor:

Afghanistan, Argentina, Australia, Belgium, Bolivia, Brazil, Burma, Canada, Chile, Republic of China, Colombia, Costa Rica, Cuba, Denmark, the Dominican Republic, Ecuador, El Salvador, Egypt, Ethiopia, France, Guatemala, Haiti, India, Iran, Iraq, Lebanon, Liberia, Pakistan, Greece, Iceland, Luxembourg, Mexico, the Netherlands, New Zealand, Nicaragua, Norway, Panama, Paraguay, Peru, the Philippines, Sweden, Syria, Thailand, Turkey, the United Kingdom, the United States, Uruguay, Venezuela.

Abstained:

USSR, Ukrainian SSR, Byelorussian SSR, Yugoslavia, Poland, South Africa, Czechoslovakia and Saudi Arabia.

International Covenant on Civil and Political Rights

Language

“Whereas the International Covenant on Civil and Political Rights proclaims, in addition, the right to be tried without undue delay and the right to a fair and public hearing by a competent, independent and impartial tribunal established by law . . .”

“Whereas the Safeguards guaranteeing protection of those facing the death penalty reaffirm the right of everyone suspected or charged with a crime for which capital punishment may be imposed to adequate legal assistance at all stages of the proceedings, in accordance with article 14 of the International Covenant on Civil and Political Rights . . .”

How does this covenant relate to ethics and the professional responsibility of lawyers?

Along with the rights that previously discussed treaties call for, this covenant states that our clients must be before a tribunal that is competent to hear their cases. It also relates to pretrial detention, as it states that defendants have a right to be tried without undue delay. This covenant also reiterates the importance of the legal rights of defendants, with particular emphasis on those individuals charged with crimes that are punishable by death. This covenant states that these rights must be granted to “everyone” charged with a capital punishment crime, at “all stages” of the proceedings.

Did my country sign the International Covenant on Civil and Political Rights?

The ICCPR commits its parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial.

It is part of the International Bill of Human Rights. This Bill also contains the Universal Declaration on Human Rights and the International Covenant on Economic, Social and Cultural Rights. Please see the following chart to determine your country’s position on the International Covenant on Civil and Political Rights.

Accession means that a state considers itself legally bound by the terms of the treaty. It has the same legal effect as ratification, but the country does not sign the treaty.

Succession means the replacement of one State by another in the responsibility for the international relations of territory.

Ratification means that a state considers itself legally bound by the terms of the treaty. If a state has ratified a treaty, it means that it signed it and then fulfilled its own legislative requirements.

Participant Signature Accession(a),
Succession(d),
Ratification
Afghanistan 24 Jan 1983 a
Albania 4 Oct 1991 a
Algeria 10 Dec 1968 12 Sep 1989
Andorra 5 Aug 2002 22 Sep 2006
Angola 10 Jan 1992 a
Argentina 19 Feb 1968 8 Aug 1986
Armenia 23 Jun 1993 a
Australia 18 Dec 1972 13 Aug 1980
Austria 10 Dec 1973 10 Sep 1978
Azerbaijan 13 Aug 1992 a
Bahamas 4 Dec 2008 23 Dec 2008
Bahrain 20 Sep 2006 a
Bangladesh 6 Sep 2000 a
Barbados 5 Jan 1973 a
Belarus 19 Mar 1968 12 Nov 1973
Belgium 10 Dec 1968 21 Apr 1983
Belize 10 Jun 1996 a
Benin 12 Mar 1992 a
Bolivia (Plurinational State of) 12 Aug 1982 a
Bosnia and Herzegovina 1 Sep 1993 d
Botswana 8 Sep 2000 8 Sep 2000
Brazil 24 Jan 1992 a
Bulgaria 8 Oct 1968 21 Sep 1970
Burkina Faso 4 Jan 1999 a
Burundi 9 May 1990 a
Cambodia 17 Oct 1980 26 May 1992 a
Cameroon 27 Jun 1984 a
Canada 19 May 1976 a
Cape Verde 6 Aug 1993 a
Central African Republic 8 May 1981 a
Chad 9 Jun 1995 a
Chile 16 Sep 1969 10 Feb 1972
China 5 Oct 1998
Colombia 21 Dec 1966 29 Oct 1969
Comoros 25 Sep 2008
Congo 5 Oct 1983 a
Costa Rica 19 Dec 1966 29 Nov 1968
Côte d'Ivoire 26 Mar 1992 a
Croatia 12 Oct 1992 d
Cuba 28 Feb 2008
Cyprus 19 Dec 1966 2 Apr 1969
Czech Republic 22 Feb 1993 d
Democratic People's Republic of Korea 14 Sep 1981 a
Democratic Republic of the Congo 1 Nov 1976 a
Denmark 20 Mar 1968 6 Jan 1972
Djibouti 5 Nov 2002 a
Dominica 17 Jun 1993 a
Dominican Republic 4 Jan 1978 a
Ecuador 4 Apr 1968 6 Mar 1969
Egypt 4 Aug 1967 14 Jan 1982
El Salvador 21 Sep 1967 30 Nov 1979
Equatorial Guinea 25 Sep 1987 a
Eritrea 22 Jan 2002 a
Estonia 21 Oct 1991 a
Ethiopia 11 Jun 1993 a
Finland 11 Oct 1967 19 Aug 1975
France 4 Nov 1980 a
Gabon 21 Jan 1983 a
Gambia 22 Mar 1979 a
Georgia 3 May 1994 a
Germany 9 Oct 1968 17 Dec 1973
Ghana 7 Sep 2000 7 Sep 2000
Greece 5 May 1997 a
Grenada 6 Sep 1991 a
Guatemala 5 May 1992 a
Guinea 28 Feb 1967 24 Jan 1978
Guinea-Bissau 12 Sep 2000 1 Nov 2010
Guyana 22 Aug 1968 15 Feb 1977
Haiti 6 Feb 1991 a
Honduras 19 Dec 1966 25 Aug 1997
Hungary 25 Mar 1969 17 Jan 1974
Iceland 30 Dec 1968 22 Aug 1979
India 10 Apr 1979 a
Indonesia 23 Feb 2006 a
Iran (Islamic Republic of) 4 Apr 1968 24 Jun 1975
Iraq 18 Feb 1969 25 Jan 1971
Ireland 1 Oct 1973 8 Dec 1989
Israel 19 Dec 1966 3 Oct 1991
Italy 18 Jan 1967 15 Sep 1978
Jamaica 19 Dec 1966 3 Oct 1975
Japan 30 May 1978 21 Jun 1979
Jordan 30 Jun 1972 28 May 1975
Kazakhstan 2 Dec 2003 24 Jan 2006
Kenya 1 May 1972 a
Kuwait 21 May 1996 a
Kyrgyzstan 7 Oct 1994 a
Lao People's Democratic Republic 7 Dec 2000 25 Sep 2009
Latvia 14 Apr 1992 a
Lebanon 3 Nov 1972 a
Lesotho 9 Sep 1992 a
Liberia 18 Apr 1967 22 Sep 2004
Libyan Arab Jamahiriya 15 May 1970 a
Liechtenstein 10 Dec 1998 a
Lithuania 20 Nov 1991 a
Luxembourg 26 Nov 1974 18 Aug 1983
Madagascar 17 Sep 1969 21 Jun 1971
Malawi 22 Dec 1993 a
Maldives 19 Sep 2006 a
Mali 16 Jul 1974 a
Malta 13 Sep 1990 a
Mauritania 17 Nov 2004 a
Mauritius 12 Dec 1973 a
Mexico 23 Mar 1981 a
Monaco 26 Jun 1997 28 Aug 1997
Mongolia 5 Jun 1968 18 Nov 1974
Montenegro 23 Oct 2006 d
Morocco 19 Jan 1977 3 May 1979
Mozambique 21 Jul 1993 a
Namibia 28 Nov 1994 a
Nauru 12 Nov 2001
Nepal 14 May 1991 a
Netherlands 25 Jun 1969 11 Dec 1978
New Zealand 12 12 Nov 1968 28 Dec 1978
Nicaragua 12 Mar 1980 a
Niger 7 Mar 1986 a
Nigeria 29 Jul 1993 a
Norway 20 Mar 1968 13 Sep 1972
Pakistan 17 Apr 2008 23 Jun 2010
Palau 20 Sep 2011
Panama 27 Jul 1976 8 Mar 1977
Papua New Guinea 21 Jul 2008 a
Paraguay 10 Jun 1992 a
Peru 11 Aug 1977 28 Apr 1978
Philippines 19 Dec 1966 23 Oct 1986
Poland 2 Mar 1967 18 Mar 1977
Portugal 4 7 Oct 1976 15 Jun 1978
Republic of Korea 10 Apr 1990 a
Republic of Moldova 26 Jan 1993 a
Romania 27 Jun 1968 9 Dec 1974
Russian Federation 18 Mar 1968 16 Oct 1973
Rwanda 16 Apr 1975 a
Samoa 15 Feb 2008 a
San Marino 18 Oct 1985 a
Sao Tome and Principe 31 Oct 1995
Senegal 6 Jul 1970 13 Feb 1978
Serbia 12 Mar 2001 d
Seychelles 5 May 1992 a
Sierra Leone 23 Aug 1996 a
Slovakia 28 May 1993 d
Slovenia 6 Jul 1992 d
Somalia 24 Jan 1990 a
South Africa 3 Oct 1994 10 Dec 1998
Spain 28 Sep 1976 27 Apr 1977
Sri Lanka 11 Jun 1980 a
St. Lucia 22 Sep 2011
St. Vincent and the Grenadines 9 Nov 1981 a
Sudan 18 Mar 1986 a
Suriname 28 Dec 1976 a
Swaziland 26 Mar 2004 a
Sweden 29 Sep 1967 6 Dec 1971
Switzerland 18 Jun 1992 a
Syrian Arab Republic 21 Apr 1969 a
Tajikistan 4 Jan 1999 a
Thailand 29 Oct 1996 a
The former Yugoslav Republic of Macedonia 18 Jan 1994 d
Timor-Leste 18 Sep 2003 a
Togo 24 May 1984 a
Trinidad and Tobago 21 Dec 1978 a
Tunisia 30 Apr 1968 18 Mar 1969
Turkey 15 Aug 2000 23 Sep 2003
Turkmenistan 1 May 1997 a
Uganda 21 Jun 1995 a
Ukraine 20 Mar 1968 12 Nov 1973
United Kingdom of Great Britain and Northern Ireland 16 Sep 1968 20 May 1976
United Republic of Tanzania 11 Jun 1976 a
United States of America 5 Oct 1977 8 Jun 1992
Uruguay 21 Feb 1967 1 Apr 1970
Uzbekistan 28 Sep 1995 a
Vanuatu 29 Nov 2007 21 Nov 2008
Venezuela (Bolivarian Republic of) 24 Jun 1969 10 May 1978
Viet Nam 24 Sep 1982 a
Yemen 9 Feb 1987 a
Zambia 10 Apr 1984 a
Zimbabwe 13 May 1991 a

Source: http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en#13

International Covenant on Economic, Social and Cultural Rights

Language

“Whereas the International Covenant on Economic, Social and Cultural Rights recalls the obligation of States under the Charter to promote universal respect for, and observance of, human rights and freedoms . . .”

How does this covenant relate to ethics and the professional responsibility of lawyers?

This covenant cites directly back to the UN charter regarding human rights and fundamental freedoms. Lawyers may use these covenant to qualify legal rights as human rights and fundamental freedoms, as can also be done with the UN charter. Human rights and fundamental freedoms relate to legal rights because the rights to a fair, impartial trial by a competent tribunal and representation by a competent attorney ensures that the client’s rights to live freely and without fear of unfair treatment in the criminal justice system are protected.

Did my country sign the International Covenant on Economic, Social and Cultural Rights?

The ICESCR commits its parties to work toward the granting of economic, social, and cultural rights to individuals, including labor rights and the right to health, the right to education, and the right to an adequate standard of living.

It is part of the International Bill of Human Rights. This Bill also contains the Universal Declaration on Human Rights and the International Covenant on Civil and Political Rights.

Please see the following chart to determine your country’s position on the International Covenant on Economic, Social and Cultural Rights.

Participant Signature Accession(a),
Succession(d),
Ratification
Afghanistan 24 Jan 1983 a
Albania 4 Oct 1991 a
Algeria 10 Dec 1968 12 Sep 1989
Angola 10 Jan 1992 a
Argentina 19 Feb 1968 8 Aug 1986
Armenia 13 Sep 1993 a
Australia 18 Dec 1972 10 Dec 1975
Austria 10 Dec 1973 10 Sep 1978
Azerbaijan 13 Aug 1992 a
Bahamas 4 Dec 2008 23 Dec 2008
Bahrain 27 Sep 2007 a
Bangladesh 5 Oct 1998 a
Barbados 5 Jan 1973 a
Belarus 19 Mar 1968 12 Nov 1973
Belgium 10 Dec 1968 21 Apr 1983
Belize 6 Sep 2000
Benin 12 Mar 1992 a
Bolivia (Plurinational State of) 12 Aug 1982 a
Bosnia and Herzegovina 1 Sep 1993 d
Brazil 24 Jan 1992 a
Bulgaria 8 Oct 1968 21 Sep 1970
Burkina Faso 4 Jan 1999 a
Burundi 9 May 1990 a
Cambodia 17 Oct 1980 26 May 1992 a
Cameroon 27 Jun 1984 a
Canada 19 May 1976 a
Cape Verde 6 Aug 1993 a
Central African Republic 8 May 1981 a
Chad 9 Jun 1995 a
Chile 16 Sep 1969 10 Feb 1972
China 27 Oct 1997 27 Mar 2001
Colombia 21 Dec 1966 29 Oct 1969
Comoros 25 Sep 2008
Congo 5 Oct 1983 a
Costa Rica 19 Dec 1966 29 Nov 1968
Côte d'Ivoire 26 Mar 1992 a
Croatia 12 Oct 1992 d
Cuba 28 Feb 2008
Cyprus 9 Jan 1967 2 Apr 1969
Czech Republic 22 Feb 1993 d
Democratic People's Republic of Korea 14 Sep 1981 a
Democratic Republic of the Congo 1 Nov 1976 a
Denmark 20 Mar 1968 6 Jan 1972
Djibouti 5 Nov 2002 a
Dominica 17 Jun 1993 a
Dominican Republic 4 Jan 1978 a
Ecuador 29 Sep 1967 6 Mar 1969
Egypt 4 Aug 1967 14 Jan 1982
El Salvador 21 Sep 1967 30 Nov 1979
Equatorial Guinea 25 Sep 1987 a
Eritrea 17 Apr 2001 a
Estonia 21 Oct 1991 a
Ethiopia 11 Jun 1993 a
Finland 11 Oct 1967 19 Aug 1975
France 4 Nov 1980 a
Gabon 21 Jan 1983 a
Gambia 29 Dec 1978 a
Georgia 3 May 1994 a
Germany 9 Oct 1968 17 Dec 1973
Ghana 7 Sep 2000 7 Sep 2000
Greece 16 May 1985 a
Grenada 6 Sep 1991 a
Guatemala 19 May 1988 a
Guinea 28 Feb 1967 24 Jan 1978
Guinea-Bissau 2 Jul 1992 a
Guyana 22 Aug 1968 15 Feb 1977
Honduras 19 Dec 1966 17 Feb 1981
Hungary 25 Mar 1969 17 Jan 1974
Iceland 30 Dec 1968 22 Aug 1979
India 10 Apr 1979 a
Indonesia 23 Feb 2006 a
Iran (Islamic Republic of) 4 Apr 1968 24 Jun 1975
Iraq 18 Feb 1969 25 Jan 1971
Ireland 1 Oct 1973 8 Dec 1989
Israel 19 Dec 1966 3 Oct 1991
Italy 18 Jan 1967 15 Sep 1978
Jamaica 19 Dec 1966 3 Oct 1975
Japan 30 May 1978 21 Jun 1979
Jordan 30 Jun 1972 28 May 1975
Kazakhstan 2 Dec 2003 24 Jan 2006
Kenya 1 May 1972 a
Kuwait 21 May 1996 a
Kyrgyzstan 7 Oct 1994 a
Lao People's Democratic Republic 7 Dec 2000 13 Feb 2007
Latvia 14 Apr 1992 a
Lebanon 3 Nov 1972 a
Lesotho 9 Sep 1992 a
Liberia 18 Apr 1967 22 Sep 2004
Libyan Arab Jamahiriya 15 May 1970 a
Liechtenstein 10 Dec 1998 a
Lithuania 20 Nov 1991 a
Luxembourg 26 Nov 1974 18 Aug 1983
Madagascar 14 Apr 1970 22 Sep 1971
Malawi 22 Dec 1993 a
Maldives 19 Sep 2006 a
Mali 16 Jul 1974 a
Malta 22 Oct 1968 13 Sep 1990
Mauritania 17 Nov 2004 a
Mauritius 12 Dec 1973 a
Mexico 23 Mar 1981 a
Monaco 26 Jun 1997 28 Aug 1997
Mongolia 5 Jun 1968 18 Nov 1974
Montenegro 23 Oct 2006 d
Morocco 19 Jan 1977 3 May 1979
Namibia 28 Nov 1994 a
Nepal 14 May 1991 a
Netherlands 25 Jun 1969 11 Dec 1978
New Zealand 12 Nov 1968 28 Dec 1978
Nicaragua 12 Mar 1980 a
Niger 7 Mar 1986 a
Nigeria 29 Jul 1993 a
Norway 20 Mar 1968 13 Sep 1972
Pakistan 3 Nov 2004 17 Apr 2008
Palau 20 Sep 2011
Panama 27 Jul 1976 8 Mar 1977
Papua New Guinea 21 Jul 2008 a
Paraguay 10 Jun 1992 a
Peru 11 Aug 1977 28 Apr 1978
Philippines 19 Dec 1966 7 Jun 1974
Poland 2 Mar 1967 18 Mar 1977
Portugal 7 Oct 1976 31 Jul 1978
Republic of Korea 10 Apr 1990 a
Republic of Moldova 26 Jan 1993 a
Romania 27 Jun 1968 9 Dec 1974
Russian Federation 18 Mar 1968 16 Oct 1973
Rwanda 16 Apr 1975 a
San Marino 18 Oct 1985 a
Sao Tome and Principe 31 Oct 1995
Senegal 6 Jul 1970 13 Feb 1978
Serbia 12 Mar 2001 d
Seychelles 5 May 1992 a
Sierra Leone 23 Aug 1996 a
Slovakia 28 May 1993 d
Slovenia 6 Jul 1992 d
Solomon Islands 17 Mar 1982 d
Somalia 24 Jan 1990 a
South Africa 3 Oct 1994
Spain 28 Sep 1976 27 Apr 1977
Sri Lanka 11 Jun 1980 a
St. Vincent and the Grenadines 9 Nov 1981 a
Sudan 18 Mar 1986 a
Suriname 28 Dec 1976 a
Swaziland 26 Mar 2004 a
Sweden 29 Sep 1967 6 Dec 1971
Switzerland 18 Jun 1992 a
Syrian Arab Republic 21 Apr 1969 a
Tajikistan 4 Jan 1999 a
Thailand 5 Sep 1999 a
The former Yugoslav Republic of Macedonia 18 Jan 1994 d
Timor-Leste 16 Apr 2003 a
Togo 24 May 1984 a
Trinidad and Tobago 8 Dec 1978 a
Tunisia 30 Apr 1968 18 Mar 1969
Turkey 15 Aug 2000 23 Sep 2003
Turkmenistan 1 May 1997 a
Uganda 21 Jan 1987 a
Ukraine 20 Mar 1968 12 Nov 1973
United Kingdom of Great Britain and Northern Ireland 16 Sep 1968 20 May 1976
United Republic of Tanzania 11 Jun 1976 a
United States of America 5 Oct 1977
Uruguay 21 Feb 1967 1 Apr 1970
Uzbekistan 28 Sep 1995 a
Venezuela (Bolivarian Republic of) 24 Jun 1969 10 May 1978
Viet Nam 24 Sep 1982 a
Yemen 9 Feb 1987 a
Zambia 10 Apr 1984 a
Zimbabwe 13 May 1991 a

Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment

Language:

“Whereas the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment provides that a detained person shall be entitled to have the assistance of, and to communicate and consult with, legal counsel . . .”

How does this relate to ethics and the professional responsibility of lawyers?

These Principles relate to clients who are detained. It clarifies the role of lawyers by stating that a detained person has many rights relating to their attorneys. It states that a detained person must not only be assisted by an attorney, it also states that the detainee must communicate and consult with the attorney. In practice, it can be used to combat issues with pretrial detention and confidentiality.

What is the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment?

The Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment is not a legally binding document. Rather, they are one of many instruments that the United Nations has adopted that are relevant to migration-related detention. These instruments contain authoritative interpretations of states’ obligations under international law. They are generally accepted as customary law.

The full text of the Principles can be found here: http://www.un.org/documents/ga/res/43/a43r173.htm.

Standard Minimum Rules for the Treatment of Prisoners

Language:

“Whereas the Standard Minimum Rules for the Treatment of Prisoners recommend, in particular, that legal assistance and confidential communication with counsel should be ensured to untried prisoners. . .”

How does this relate to ethics and the professional responsibility of lawyers?

These Rules also relate to clients who are detained. It clarifies the role of lawyers by stating that a detained person has many rights relating to their attorneys. It recommends that a person who has not been tried should be able to communicate with his or her lawyer confidentially. In practice, it can be used to combat issues with pretrial detention and confidentiality.

What is the Standard Minimum Rules for the Treatment of Prisoners?

The Standard Minimum Rules for the treatment of Prisoners is the same type of instrument as Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment. It is not a legally binding document. Therefore, it does not have signatories.

The full text of it can be found here: http://www.globaldetentionproject.org/fileadmin/docs/Standard-Minimum-Rules-for-the-Treatment-of-Prisoners.pdf.


Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power

Language:

“Whereas the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power recommends measures to be taken at the international and national levels to improve access to justice and fair treatment, restitution, compensation and assistance for victims of crime”

How does this relate to ethics and the professional responsibility of lawyers?

This Declaration is particularly helpful for attorneys whose clients have also been victims of crime. It is particularly helpful for clients who have been victims of the government’s actions or are pursuing a defense of self-defense. Attorneys may refer to the section regarding “access to justice and fair treatment” to argue that their clients deserve equal access to the criminal justice system.

What is the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power?

The Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power is a set of standards and guidelines developed by the United Nations. Though not legally binding, UN Declarations reflect international legal norms and the commitment of states to move in certain directions and abide by certain principles.

The full text of it can be found here: http://www.un.org/documents/ga/res/40/a40r034.htm.

Principles in Practice

What do the Principles on the Role of Lawyers mean for me?

Although the Principles on the Role of Lawyers is not codified material, they are a great starting point for attorneys in all countries to understand their roles and responsibilities as advocates. The Principles discuss generally accepted ways of practicing law and, as they are based on widely accepted treaties, are applicable in many countries. Below you will find the language of the Principles. With each Principle, you will find ideas for use and how you as an attorney can implement the Principles into your daily practice of law.

Principles on the Role of Lawyers

Access to lawyers and legal services

1. All persons are entitled to call upon the assistance of a lawyer of their choice to protect and establish their rights and to defend them in all stages of criminal proceedings.

In practice: Clients have a right to choose their lawyer and have the assistance of that lawyer in every stage of a criminal case.

2. Governments shall ensure that efficient procedures and responsive mechanisms for effective and equal access to lawyers are provided for all persons within their territory and subject to their jurisdiction, without distinction of any kind, such as discrimination based on race, colour, ethnic origin, sex, language, religion, political or other opinion, national or social origin, property, birth, economic or other status.

In practice: Your client, an accused person is entitled to access to an effective lawyer, and timely and effective procedures and mechanisms. The government should provide this for any accused person within their territory and jurisdiction. Clients should not be subject to discrimination. A client is discriminated against if he is treated differently based on race, color, ethnic origin, sex, language, religion, political or other opinion, national or social origin, birth status, economic status or any other kind of status.

3. Governments shall ensure the provision of sufficient funding and other resources for legal services to the poor and, as necessary, to other disadvantaged persons. Professional associations of lawyers shall cooperate in the organization and provision of services, facilities and other resources.

In practice: Publicly funded legal services should have sufficient funding and resources. A publicly funded legal services office should be able to provide legal services to the poor and to other disadvantaged persons. Professional lawyers associations should cooperate in the organization and provision of these services and resources.

4. Governments and professional associations of lawyers shall promote programmes to inform the public about their rights and duties under the law and the important role of lawyers in protecting their fundamental freedoms. Special attention should be given to assisting the poor and other disadvantaged persons so as to enable them to assert their rights and where necessary call upon the assistance of lawyers.

In practice: It is important for the public to understand their legal rights. The government and professional associations can work together to help the public understand their rights by doing “Know Your Rights” programs, including publicizing the necessity of a lawyer. These programs would be particularly beneficial to the poor and to other disadvantaged persons.

Special safeguards in criminal justice matters

5. Governments shall ensure that all persons are immediately informed by the competent authority of their right to be assisted by a lawyer of their own choice upon arrest or detention or when charged with a criminal offence.

In practice: When a person is arrested, he or she should be informed right away that he or she has a right lawyer of his or her choice.

6. Any such persons who do not have a lawyer shall, in all cases in which the interests of justice so require, be entitled to have a lawyer of experience and competence commensurate with the nature of the offence assigned to them in order to provide effective legal assistance, without payment by them if they lack sufficient means to pay for such services.

In practice: If a person who is arrested does not have a lawyer, he should be provided with one who has the experience and competence necessary for the charge he or she is charged with. If he or she cannot pay, he or she does not need to.

7. Governments shall further ensure that all persons arrested or detained, with or without criminal charge, shall have prompt access to a lawyer and in any case not later than forty-eight hours from the time of arrest or detention.

In practice: If your client is arrested or detained, with or without a criminal charge, she should have access to a lawyer quickly, within forty-eight hours.

8. All arrested, detained or imprisoned persons shall be provided with adequate opportunities, time and facilities to be visited by and to communicate and consult with a lawyer, without delay, interception or censorship and in full confidentiality. Such consultations may be within sight, but not within the hearing, of law enforcement officials.

In practice: If you client has been arrested or detained, she must be able to talk with you at any time, confidentially. You must be able to visit her without interruption or censorship. The meetings may be within the sight of law enforcement officials, but must not be within the hearing.

Qualifications and training

9. Governments, professional associations of lawyers and educational institutions shall ensure that lawyers have appropriate education and training and be made aware of the ideals and ethical duties of the lawyer and of human rights and fundamental freedoms recognized by national and international law.

In practice: Lawyers must have appropriate education and training. They must be aware of the ideals and ethical duties of a lawyer. They must also be made aware of human rights and fundamental freedoms recognized by national and international law.

10. Governments, professional associations of lawyers and educational institutions shall ensure that there is no discrimination against a person with respect to entry into or continued practice within the legal profession on the grounds of race, colour, sex, ethnic origin, religion, political or other opinion, national or social origin, property, birth, economic or other status, except that a requirement, that a lawyer must be a national of the country concerned, shall not be considered discriminatory.

In practice: You and your fellow lawyers must not be discriminated against regarding entry or furthering the practice of law. Discrimination is defined as: race, color, sex, ethnic origin, religion, political or other opinion, national or social origin, property, birth and economic or other status. A requirement that a lawyer must be a national of the country concerned is not considered discrimination.

11. In countries where there exist groups, communities or regions whose needs for legal services are not met, particularly where such groups have distinct cultures, traditions or languages or have been the victims of past discrimination, Governments, professional associations of lawyers and educational institutions should take special measures to provide opportunities for candidates from these groups to enter the legal profession and should ensure that they receive training appropriate to the needs of their groups.

In practice: If there are groups, communities or regions whose needs for legal services are not met, special measures should be taken to provide opportunities to people from these groups to enter the legal profession and receive training appropriate to their group’s needs. This is especially true when these groups have distinctive culture, tradition or languages, or have been victims of past discrimination.

Duties and responsibilities

12. Lawyers shall at all times maintain the honour and dignity of their profession as essential agents of the administration of justice.

In practice: You are an essential agent to the administration of justice. All lawyers work together to maintain the dignity and honor of the profession.

13. The duties of lawyers towards their clients 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 practice:

Your duties toward your client:

1. Ensuring the client understands how the legal system works related to his case, understands his legal rights and understands his legal obligations. This includes explaining the process of a criminal case, including each stage and what is expected from your client at each stage. It also includes explaining to your client the contribution he needs to make to his case and the role you each play.
2. Assisting the client in every appropriate way. Taking legal action to protect the client’s interest. For example, in a domestic abuse case in which both parties engaged in physical violence, this may include filing a police report against the alleged victim.
3. Assisting clients before courts, tribunals or administrative authorities. This includes representing and speaking for your client in every court proceeding. It also includes explaining to your client what is happening during each court proceeding.

14. Lawyers, in protecting the rights of their clients and in promoting the cause of justice, shall 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.

In practice: In your role as a lawyer, protecting your clients and promoting justice, you also uphold human rights and fundamental freedoms recognized by national and international law. You should at all times act freely and diligently, based on the law and professional ethics.

15. Lawyers shall always loyally respect the interests of their clients.

In practice: You must always loyally respect your client’s interests. In matters related to your client’s case, your client’s interests are the only interests you are concerned with and the representation you provide to your client must reflect that.

Guarantees for the functioning of lawyers

16. 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.

In practice: You should be able to perform your job without intimidation, hindrance, harassment or improper interference. You should also be able to freely travel and to consult with their country, both within and outside of the country. The government and lawyers should work together to ensure that the lawyer is not threatened with or subjected to criminal charges, administrative punishment or economic punishment due to actions he or she has taken in his or her role as a lawyer.

17. Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.

In practice: If your safety is threatened due to actions taken in your role as a lawyer, you are afforded the protection of the government.

18. Lawyers shall not be identified with their clients or their clients' causes as a result of discharging their functions.

In practice: You should not be made to look like you approve of or engage in the behavior or actions your client is accused of.

19. 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.

In practice: Your client’s right to an attorney can’t be refused. The only way that the court or administrative body could refuse a person their lawyer is if the lawyer has been disqualified to practice under national law.

20. 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.

In practice: If in your capacity as a lawyer, you make a statement in good faith, either in writing to the court or in court, you are exempt from any civil or criminal penalty due to this statement.

21. It is the duty of the competent authorities to ensure lawyers access to appropriate information, files and documents in their possession or control in sufficient time to enable lawyers to provide effective legal assistance to their clients. Such access should be provided at the earliest appropriate time.

In practice: Lawyers and authorities should work together to make sure lawyers have access to necessary information, files and documents that the authorities have in their possession or control. Lawyers should be provided within enough time for the lawyer to provide effective legal assistant to their clients. They should be provided as early as possible.

22. Governments shall recognize and respect that all communications and consultations between lawyers and their clients within their professional relationship are confidential. In practice: Any communications and discussions you have with your clients, related to your professional relationship, are confidential. This should be recognized and respected by the government.

Freedom of expression and association

23. 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.

In practice: You have the same rights as other citizens, including freedom of expression, belief, association and assembly. Specifically, you are able to take part in public discussions about the law, justice and human rights. You may also join or form organizations, locally, nationally and internationally, and attend their meetings. You should not be subject to professional restrictions because of your memberships or lawful actions within these organizations. While exercising these rights, you should always follow the law and the recognized standards and ethics of the legal profession.

Professional associations of lawyers

24. 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. The executive body of the professional associations shall be elected by its members and shall exercise its functions without external interference.

In practice: You may form and join professional associations. These associations can be independent. The associations can function to protect the lawyers’ interests, promote their continuing education and training and protect their professional honesty. These associations can have decision-making bodies. These decision-makers can be elected by the members of the association and can function in its role without non-member influence.

25. Professional associations of lawyers shall cooperate with Governments to ensure that everyone has effective and equal access to legal services and that lawyers are able, without improper interference, to counsel and assist their clients in accordance with the law and recognized professional standards and ethics.

In practice: Lawyer’s professional associations and the in-country governments should work together to make sure that everyone has effective and equal access to legal help and services. They should also work together to make sure that lawyers are able to help and represent their clients based on the law and recognized professional standards and ethics, and that the lawyers can provide this help without improper interference.

Disciplinary proceedings

26. 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.

In practice: The code of professional conduct can be formed either by the country’s laws or by appropriate members of the legal profession. It should be based on the country’s law and custom and based on recognized international standards and norms.

27. Charges or complaints made against lawyers in their professional capacity shall be processed expeditiously and fairly under appropriate procedures. Lawyers shall have the right to a fair hearing, including the right to be assisted by a lawyer of their choice.

In practice: If a complaint is made against you based on your work as a lawyer, it should be dealt with quickly and fairly. It should be dealt with based on the proper procedures. You have rights during these proceedings. These rights are the right to a fair hearing, which includes the right to choose a lawyer to assist you.

28. 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.

In practice: The decision-making body for disciplinary proceedings should be impartial. The decision-making body can be set up by those in the legal profession, can be set up based on statute or can be the court. An independent judge may review the decision-making body.

29. All disciplinary 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.

In practice: If disciplinary proceedings must take place, these proceedings should be based on the code of professional conduct. It should also be based on recognized standards and ethics of the legal profession.