December 21, 2015
Lawyers in China continue to face improper interference in their professional work and serious violations of their rights. In this context, the International Bar Association’s Human Rights Institute (IBAHRI) calls on China to implement the latest recommendations made by the United Nations Committee Against Torture (UN Committee) and to respect in full the UN Basic Principles on the Role of Lawyers.
On 9 December 2015, the UN Committee published its concluding observations on the fifth periodic report received from China. To safeguard lawyers’ rights, the UN Committee recommends that China:
1. stop sanctioning lawyers for actions taken in accordance with recognised professional duties, which should be possible without fear of prosecution;
2. ensure the prompt, thorough and impartial investigation of all the human rights violations perpetrated against lawyers, and ensure that those responsible are tried and punished in accordance with the gravity of their acts; and
3. adopt the necessary measures without delay, to ensure the development of a fully independent and self-regulating legal profession, enabling lawyers to perform all of their professional functions without intimidation, harassment or improper interference.
IBAHRI Co-Chair Ambassador (ret) Hans Corell commented: ‘Lawyers play a pivotal role in the eradication of torture. It is therefore alarming that the UN Committee finds that lawyers in China may be deterred from raising reports of torture, for fear of legal sanction.’
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http://www.ibanet.org/Article/Detail.aspx?ArticleUid=a7eda494-10bd-482d-877e-bdd61a54dc87
IAPL Monitoring Committee on Attacks on Lawyers 