Posts Tagged ‘independent enquiry’

Council of Europe adopts international convention on protecting lawyers

March 20, 2025

ImageCouncil of Europe - Conseil de l'Europe 

Alert reader Prof Rick Lawson drew my attention to this item which strengthens the notion that lawyers are human rights defenders [It is a topic on which I made on of my first interventions as ICJ Executive Secretary as far back as 1981 and miraculously still available on the internet https://www.icj.org/wp-content/uploads/1981/01/independence-of-judges-and-lawyers-conference-report-1981-eng.pdf]:

The Council of Europe has adopted on 12 March 2025 the first-ever international treaty aiming to protect the profession of lawyer. This is to respond to increasing reports of attacks on the practice of the profession, whether in the form of harassment, threats or attacks, or interference with the exercise of professional duties (for example, obstacles to access to clients).

Lawyers play a key role in upholding the rule of law and securing access to justice for all, including to vindicate possible human rights violations. Therefore, public confidence in justice systems also depends on the role played by lawyers.

The Council of Europe Convention for the Protection of the Profession of Lawyer covers lawyers and their professional associations, whose role is vital in defending lawyers’ rights and interests as a profession. The Convention addresses entitlement to practise, professional rights, freedom of expression, professional discipline and specific protective measures for lawyers and professional associations.

Under the Convention, states must ensure that lawyers can carry out their professional duties without being the target of any form of physical attack, threat, harassment or intimidation or any improper hindrance or interference. Where such circumstances could amount to a criminal offence, parties must conduct an effective investigation. Parties must also ensure that professional associations can operate as independent, self-governing bodies.

The Convention will be opened for signature on 13 May, on the occasion of the Council of Europe Foreign Affairs ministers’ meeting in Luxembourg.At least eight countries, including six member states of the Council of Europe, must ratify it for it to enter into force. Compliance with the Convention will be monitored by an expert group and a committee of the parties.

see also: https://humanrightsdefenders.blog/2017/03/09/independence-of-the-legal-profession-subject-of-side-event-on-16-march-2017/

Explanatory report of the Convention 

https://www.coe.int/en/web/portal/-/council-of-europe-adopts-international-convention-on-protecting-lawyers

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UN Human Rights Council adopts resolution on Sudan

September 28, 2014
(Justice minister Mohamed Bushara Dosa at the 27th session of the UN Human Rights Council in Geneva, 24 September 2014 (Jean-Marc Ferré/UNHRC)
The UN Human Rights Council adopted a draft resolution in Geneva on Friday 26 September calling on the Sudanese government to conduct an independent enquiry into the killing of protestors in September 2013, and March 2014. It also agreed to renew the mandate of the Independent Expert on the Situation of Human Rights in Sudan for another year. The Council expressed grave concern at the use of excessive force, including the lethal shooting of demonstrators, and called on the Sudanese government to launch an investigation and refer its findings to the judiciary to ensure justice and accountability for the incidents that occurred.
[A year ago, massive street protests erupted in the country against the lifting of fuel subsidies. According to activists, more than 200 people died in Sudan’s capital. On 11 March this year, a University of Khartoum student was fatally hit by a bullet, and other students were injured, when security forces attacked a peaceful demonstration by the students against widespread attacks by paramilitary troops on rural areas in Darfur.]
The UN human rights agency also expressed concern “at reports of restrictions on the media, pre- and post-publication censorship, seizure of newspapers, the banning of some journalists, and violations of the rights to freedom of expression and freedom of association and of peaceful assembly”. It urged the Sudanese government to further its efforts for the promotion and protection of human rights, in particular to ensure freedom from arbitrary arrest and detention, and to respect the human rights of all individuals, including human rights defenders and members of civil society organisations.
The draft resolution urged the Sudanese government to continue its full cooperation with the independent expert and allow him “effective” access to all parts of the country and concerned bodies, [It was proposed on Thursday that the Irish Thomas Edward will succeed the current independent expert, Mashood. A. Baderin.The Sudanese Minister of Justice, Mohamed Bushara Dosa, however, said on Saturday that Khartoum has objected to the appointment of Edward, on the grounds that Sudan had not been consulted. He said that Sudan has requested the extension of Baderin’s term. Dosa called on the UNHRC to end the mandate of the independent expert, and rejected the accusations of committing serious violations of freedoms and human rights, particularly in Darfur, South Kordofan and Blue Nile. He further rejected accusations by the independent expert that Khartoum was dragging its feet in investigating the September 2013 protests, and pointed out that the government has submitted to him a detailed report on measures undertaken with respect to those events.]
(Sources: UNHCR, EU-UN.Europa, Sudan Tribune)

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