The Istanbul Resolution of the European Criminal Bar Association
| Published date | 01 September 2013 |
| Date | 01 September 2013 |
| DOI | 10.1177/203228441300400303 |
| Subject Matter | Opinion |
New Journal of Eur opean Crimina l Law, Vol.4, Issue 3, 2013 205
OPINION
THE ISTANBUL RESOLUTION OF THE
EUROPEAN CRIMINAL BAR ASSOCIATION
“İstanbul Barosunun yanında olmak için”*
S C**
1. THE RESOLUTION
e Board of the ECBA unanimously adopted a Resolution on the protection of
lawyers in the exercise of their professional duties in advance of the openi ng of a
criminal t rial in Silivri aga inst its President and Council members on 17May 2013.
Here is the text of the Resolution:
Whereas, on the one h and
1. By Article 3 of its C onstitution the Europ ean Crimina l Bar Associat ion (ECBA) is
obliged “(…) to promote the administration of just ice and human rights under t he rule of
law within t he member states of the Counc il of Europe and among t he peoples of the
world”;
2. Principle 16 of the United Nations Ba sic Principles on the Role of Law yers (Basic
Principles) provides that “Gover nments shall ensure th at lawyers (a) are able to perform all
of their professional f unctions without intimidat ion, hindrance, harassment or improper
interference; (b) are able to travel a nd to consult with their clients f reely both within the ir
own country a nd abroad; and (c) shall not suer, or be threatened w ith, prosecution or
administ rative, economic or other sa nctions for any action t aken in accordanc e with
recognize d professional duties, stand ards and ethics”;
3. Principle 18 of the Basic Pri nciples provides that lawyer s “shall not be identied w ith
their clients or the ir clients’ causes as a result of d ischarging their f unctions”;
4. Principle 20 of the Ba sic Principles provides t hat lawyers “shall enjoy civ il and penal
immunity for relev ant statements made in good fa ith in writt en or oral pleadings or in
their professional appe arances before a cour t, tribuna l or other legal or admi nistrative
authority”;
* “To be near the Istan bul Bar Association”.
** Advocate, Bruss els, ECBA Human R ights Ocer and B oard Member. I am indebte d to Banu
Kurtula n of the Bar of Vienna, for her a ssistance.
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