The right of an accused person to communicate with his or her legal representative outside the hearing of a third person is one of the fundamental preconditions for a fair trial in a democratic society and results from Article 6, paragraph 3(c), of the Convention. Without such supervision, if a lawyer were not able to consult his client and receive confidential instructions from him, his support would lose much of its usefulness, whereas the Convention aims to guarantee concrete and effective rights. [33] (b) assist customers in any appropriate manner and take legal action to protect their interests; International law also regulates global commons such as environment and sustainable development, international waters, space, global communications, and global trade. The United Nations Commission on International Trade Law is one of the principal legal bodies of the United Nations system in the field of international trade law, with universal membership, specialized in trade law, focused on the modernization and harmonization of the rules governing international trade. The UNCITRAL secretariat has established a system of jurisdiction for UNCITRAL texts (CLOUT on UNCITRAL texts) to collect and disseminate information on court decisions and arbitral awards relating to conventions and model laws resulting from the work of the Commission. that the International Covenant on Civil and Political Rights also proclaims the right to a speedy trial and the right to a fair and public hearing before a competent, independent and impartial tribunal established by law, 29. All disciplinary proceedings shall be established in accordance with and in the light of the Code of Professional Conduct and other recognized standards and principles of the legal profession. (a) advise clients on their legal rights and obligations and on the functioning of the legal system, insofar as this is relevant to clients` legal rights and obligations; The Charter of the Organization of American States (Article 45) requires that «everyone receives adequate legal assistance to assert his rights,» and the Inter-American Court of Human Rights recognized the right to legal aid in 2003. The principal judicial organ of the United Nations is the International Court of Justice (ICJ). This principal organ of the United Nations settles disputes submitted to it by States in accordance with international law. It also advises on legal questions referred to it by authorized United Nations bodies and specialized agencies. [4] United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, A/RES/67/187, annex (28 March 2013) [Principles and Guidelines], online: .
The American Declaration and the Charter of American States were adopted at the Ninth International Conference of American States in April 1948. Many of the provisions of the American Declaration were incorporated into the American Convention on Human Rights (ACHR), adopted in November 1969. However, the Inter-American Court of Human Rights (IACHR) and the Inter-American Commission on Human Rights consider the provisions of the American Declaration to be legally binding on OAS member states, especially countries that have not ratified the ACHR. Article XVIII provides: (c) This right applies at all stages of any prosecution, including preliminary investigations in which evidence is collected, periods of administrative detention, and judicial and appeal proceedings. Additional case law: Gabriel Shumba v. Zimbabwe, Avocats Sans Frontières (on behalf of Gaëtan Bwampamye) v. Burundi, Egyptian Initiative for Personal Rights and Interights v. Arab Republic of Egypt, Abdel Hadi, Ali Radi & Others v. Republic of Sudan, Jean-Marie Atangana Mebara v. Cameroon. This work is carried out in a variety of ways — through courts, tribunals, multilateral treaties — and by the Security Council, which may authorize peacekeeping missions, impose sanctions or authorize the use of force when there is a threat to international peace and security, if it deems it necessary. These powers are conferred on it by the Charter of the United Nations, which is considered an international treaty.
As such, it is an instrument of international law and States Members of the United Nations are bound by it. The guarantees provided for in article 8, paragraph 2, of the Convention on Human Rights are distinct and autonomous. As such, a violation of such a right constitutes a violation of the right to a fair trial. [15] In case law, Article 8(2)(d) implicitly recognises that access to a lawyer must be rapid; It must be made available to a person at the beginning of a criminal investigation. [16] This was the case in Barreto Leiva v. Venezuela, where the Court found that the applicant had been arrested for terrorist offences. The Court considered that the presence of a police officer at the hearing of the first hearing between the applicant and his lawyer constituted a violation of Article 6 § 3 (c) of the ECHR for which there was no compelling justification. Thus, the applicant`s right to an effective defence was affected, as «the presence of the police officer would inevitably have prevented the applicant from speaking openly with his lawyer and would have given him reasons to hesitate before raising issues potentially relevant to the case against him». [38] d.
The right of the accused to defend himself in person or to be assisted by a lawyer of his choice and to communicate freely and privately with his counsel; (20) Lawyers enjoy civil and criminal immunity in respect of relevant statements made in good faith in written or oral pleadings or during their professional appearance before a court or other judicial or administrative authority. Considering that adequate protection of human rights and fundamental freedoms to which everyone is entitled, whether economic, social and cultural, civil or political, requires that everyone has effective access to legal services provided by an independent legal profession, 1. Everyone has the right to have recourse to a lawyer of his or her choice to protect, enforce and defend his or her rights at all stages of criminal proceedings. The principles and guidelines have been interpreted as applicable to civil and administrative proceedings. [7] Indeed, the Special Rapporteur on the independence of judges and lawyers, Gabriela Knaul, has encouraged the application of legal aid to «any judicial or extrajudicial proceedings aimed at determining rights and obligations.» [8] He also stressed that the principles and guidelines apply to «civil and administrative cases where free legal aid is essential for effective access to justice and a fair trial, as well as access to legal information and assistance and alternative dispute resolution mechanisms.» [9] If the right of defence arises from the moment an investigation is ordered against a person, the accused must have access to legal representation from that date, including during the proceedings in which his testimony is given. Preventing the accused from being advised by a defence lawyer amounts to strictly restricting the rights of the defence, which leads to a procedural imbalance and leaves the person defenceless before the criminal authority. [17] [24] European Commission, Commission Green Paper: Procedural safeguards for suspects and accused persons in criminal proceedings in the European Union (Brussels: EC, 2003), online: . The International Law Commission encourages the progressive development of international law and its codification.
