Basic Principles on the Role of Lawyers
Adopted by the Eighth United Nations Congress on the Prevention of Crime and the
Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990
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, and
proclaim as one of their purposes the achievement of international cooperation in
promoting and encouraging respect for human rights and fundamental freedoms without
distinction as to race, sex, language or religion,
Whereas the Universal Declaration of Human Rights enshrines the principles of equality
before the law, the presumption of innocence, the right to a fair and public hearing by an
independent and impartial tribunal, and all the guarantees necessary for the defence of
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 a
competent, independent and impartial tribunal established by law,
Whereas the International Covenant on Economic, Social and Cultural Rights recalls the
obligation of States under the Charter to promote universal respect for, and observance of,
human rights and freedoms,
Whereas the Body of Principles for the Protection of All Persons under Any Form of
Detention or Imprisonment provides that a detained person shall be entitled to have the
assistance of, and to communicate and consult with, legal counsel,
Whereas the Standard Minimum Rules for the Treatment of Prisoners recommend, in
particular, that legal assistance and confidential communication with counsel should be
ensured to untried prisoners,
Whereas the Safe guards guaranteeing protection of those facing the death penalty reaffirm
the right of everyone suspected or charged with a crime for which capital punishment may
be imposed to adequate legal assistance at all stages of the proceedings, in accordance with
article 14 of the International Covenant on Civil and Political Rights,
Whereas the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of
Power recommends measures to be taken at the international and national levels to
improve access to justice and fair treatment, restitution, compensation and assistance for
victims of crime,
Whereas adequate protection of the human rights and fundamental freedoms to which all
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 an independent legal
profession,
Whereas professional associations of lawyers have a vital role to play in upholding
professional standards and ethics, protecting their members from persecution and improper