Yes but, where is, what if? - FLAC

Comments on the Legal Services Bill26 Nov 2011________________________________________________________________________APPENDIXUN Basic Principles on the role of lawyersThe UN Basic Principles on the Role of Lawyers constitutes a compilation of the internationalnorms relating to the key aspects of the role of lawyers and a person’s right to independentcounsel. The Basic Principles were unanimously adopted by the Eighth United NationsCongress on the Prevention of Crime and the Treatment of Offenders in September 1990.Subsequently, the UN General Assembly welcomed the Basic Principles in their ‘Humanrights in the administration of justice’ resolution, which was adopted without a vote on 18December 1990 in both the session of the Third Committee and the plenary session of theGeneral Assembly. They are as follows:Preamble:- Whereas in the Charter of the United Nations the peoples of the world affirm, inter alia ,their determination to establish conditions under which justice can be maintained, andproclaim as one of their purposes the achievement of international cooperation inpromoting and encouraging respect for human rights and fundamental freedomswithout distinction as to race, sex, language or religion,- Whereas the Universal Declaration of Human Rights enshrines the principles of equalitybefore the law, the presumption of innocence, the right to a fair and public hearing byan independent and impartial tribunal, and all the guarantees necessary for the defenceof everyone charged with a penal offence,- 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 acompetent, independent and impartial tribunal established by law,- Whereas the International Covenant on Economic, Social and Cultural Rights recalls theobligation of States under the Charter to promote universal respect for, and observanceof, human rights and freedoms,- Whereas the Body of Principles for the Protection of All Persons under Any Form ofDetention or Imprisonment provides that a detained person shall be entitled to have theassistance of, and to communicate and consult with, legal counsel,- Whereas the Standard Minimum Rules for the Treatment of Prisoners recommend, inparticular, that legal assistance and confidential communication with counsel should beensured to untried prisoners,- Whereas the Safeguards guaranteeing protection of those facing the death penaltyreaffirm the right of everyone suspected or charged with a crime for which capitalpunishment may be imposed to adequate legal assistance at all stages of theproceedings, in accordance with article 14 of the International Covenant on Civil andPolitical Rights,- Whereas the Declaration of Basic Principles of Justice for Victims of Crime and Abuse ofPower recommends measures to be taken at the international and national levels toimprove access to justice and fair treatment, restitution, compensation and assistancefor victims of crime,- Whereas adequate protection of the human rights and fundamental freedoms to whichall persons are entitled, be they economic, social and cultural, or civil and political,requires that all persons have effective access to legal services provided by anindependent legal profession,- Whereas professional associations of lawyers have a vital role to play in upholdingprofessional standards and ethics, protecting their members from persecution andimproper restrictions and infringements, providing legal services to all in need of them,and cooperating with governmental and other institutions in furthering the ends ofjustice and public interest,The Basic Principles on the Role of Lawyers, set forth below, which have been formulated toassist Member States in their task of promoting and ensuring the proper role of lawyers, shouldbe respected and taken into account by Governments within the framework of their nationallegislation and practice and should be brought to the attention of lawyers as well as otherpersons, such as judges, prosecutors, members of the executive and the legislature, and thepublic in general. These principles shall also apply, as appropriate, to persons who exercise thefunctions of lawyers without having the formal status of lawyers.13