Numerous norms and international resolutions guarantee the right to a fair trial, the right to legal representation by an independent lawyer and the right to the free exercise of the legal profession. These norms state, among other precepts, that lawyers cannot be identified with their client's case, nor can they be attacked by reason of the exercise of their profession. This is notably the message of the Basic Principles on the Role of Lawyers, adopted by the United Nations in 1990.
Article 16 of the Basic Principles on the Role of Lawyers confirms that the Governments must ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference and 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.
The Basic Principles on the Role of Lawyers also highlights the importance of law societies and their supervisory role regarding norms and professional ethics as well as their role of protecting members against violations to their privacy and undue restrictions or interference. They allow access to legal aid without restrictions or discrimination and incite governments and professional associations to adopt measures of informing the population of their rights. Moreover, they include special protections in matters of criminal law.
Unfortunately, these fundamental guarantees are often discarded. In various countries of the world, lawyers are murdered, physically attacked, forced into exile, imprisoned, threatened or prosecuted in disciplinary, administrative or judicial proceedings due to the exercise of their profession, or they are forcibly disappeared. They are also victims of grave violations of the rights and protections provided by the above-mentioned norms.
In the case of selective and urgent interventions, a pre-established intervention protocol sets out notably the means of verifying information and the consent of the person or persons targeted, as well as a contextual analysis of the situation and the risks. According to the strategy established with the given stakeholders, LWBC can organize a mission of international accompaniment, favor dialogue or intervention with the authorities, activate a network of alerts, publicly denounce the situation or put in place other measures of assistance and follow-up.
The programmed and institutional interventions generally consist of reinforcement activities with professional associations or law societies, training sessions and advocacy.
LWBC can offer solidarity services among jurists thanks to the team located at the headquarters or to its volunteer cooperants, or its partnership with LWB Brussels through the International Legal Network or its Article 16 Program, or in collaboration with the International Observatory for Lawyers, in which LWB France participates.
