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LEGAL ADVOCACY and the 2011 CRACKDOWN in CHINA: ADVERSITY, REPRESSION, and RESILIENCE

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LEGAL ADVOCACY and the 2011 CRACKDOWN in CHINA: ADVERSITY, REPRESSION, and RESILIENCE 1. All persons are entitled to call upon the assistance of a lawyer of their choice to protect and establish their rights and to defend them in all stages of criminal proceedings. 2. Governments co railtoroype and subject to their jurisdiction, tion rat erna ion without distinction of any kind, such as discrimination based on race, colour, ethnic origin, sex, language, religion, political or other opinion, nationalt or social origin, property, birth, economic or i in n yf , to other disadvanptaged persons. Professional o r t o associations of lawyers shall cooperate in the organization and provision of services, facilities and other resources. 4. Governments and profnessional associations ofm lawyers shall promote e o m t programmes to inform the public about their rights and duties under the law and the important role of lawyers in protecting their fundamene tal freedoms. Special attenintion should be given to ac v g and rld e h i e assisting the poor and other disadvantagedo a persons so as to enable them to assert their rights and where necessary call upon the assistanh ce of lawyers. 5. Governments shae ll ensure that all w t e r n c h m s t u c e t e r s p p f , p o o o s e persons are immediately informed by the competein t authority of their right to be assisted by a lawyer of their own choice upon arrest or detention or when charged with a crimu en r cef . 6. r r g agin o o t i pe p e r e s r e l h Any such persons who do not havee a lawyer shall, in a all cases in which the interests of justice so require, be entitled to have a lawyer of experience and competence commensurate with the h u t l i m s a t h nedn to them in order to prov ofo pay for such services. 7. Governments shalla further , p ne n t o h r i o as g ti t d roclaim s ensure that all personsed Na arrested or detained, with or whithout criminal charge, shall have prompt access to a lawyer, and in any case not later than forty-eight hours from the time of arrest or t a i de eir te , a n r m d n detention. 8. All arrU ested, detained or imprisoned persons shall be provided with adequate opportunities, time and facilities to be visited by and to communicate and consult with a lawyer, e d e i n n f u h i a n without delay, t tiality. Such consultations may be within sight, but na nments, d t t i a f o in m n to a e establis n professional associations of lawyers and educational institutions shall ensure thh caotn lawyers have appropriate edu mcation and training and be made aware of the ideals and ethicat l duties of the ditio be a ns l o un n f r d r er a e e w c e d o hart hich justice m lawyer and of Chuman rights and fundamental freedoms recognized by national and international law. 10. Governments, professional associations of lawyers ands educational institutions shall e w h r t a c n i i e s t , a h e r s enesure that there is no discrimination against a person with respect to entry into or continued practice within the legal profession on the grounds of race, co olour, sex, ethnic origin, religion, h e W u x t o d , . t i l s a u e t political or other opinion, national or social origin, property, birth, economic or other status, except that a requirement, that a lawyer must n be a nationals of the country concerned, shall not be g i n c a c t i o n n considee red discriminatory. 11. In countries where there exist groups, communities or regions whose needs for legal services are not met, particularly where such groups have distinct cultures, a i o g l g W l e io traditions or languages or have been the victims of past discrimination, Governments, professional associations of lawyers and educationale institutionns, h should take special measures to provide e a r r r e n o a s e t p h a a r g opportunitiesh for candidates from these groups to enter the legal profession and should ensure that they receive training appropriate to the needs of their groups. 12. Lawyers shall at all times t e e i d w maintain the honour andh dignity of their profession as essential agents of the administration of justice. 13. The duties of lawyers towards their clU ients shall include: ( a ) Advising clients as to their c n e legal rights and oblign ations, and as to the working of the legal system in so far as it is relevant to the legal rights and obligations of the clients; i(v b ) Assisting clients in every appropriate way, and o e y r taking legal actionr to protect their interests; ( c ) Assisting clients before courts, tribunals or administrative authorities, where appropriate. 14. Lawsa yers, in protecting the rights of their clients and e l v D e in promoting the cause of justice, shall seek to uphold human rights and fundamental freedoms recognized by national and international law ande shall at all times act freely and diligently in f c l o a r accordance withe the law and recognized standards and ethics of the legal profession. 15. Lawyers shall always loyally respect the interests of their clients. 16. Governments shall ensure that a c t n e i f o lawyers ( a ) are ablee to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; ( b ) are able to travel and to consult with their clients d e o r h t n f o y freely both within r anctions for any action taken in accordance a f s s m p i H a e d r c t n i u e a a with recognized professional dutien s, standards and ethics. 17. Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the l m s t e n e n d t a e t n , a l r e a g u a a r h d n i a authorities. 18. Lawyers shall not b nts or their clients' causes as a result of discharging their functions. 19. No court or administrative authority before whom the right u n n l t R e l to counsel is recognized shall refuse to recognize the right of a lawyer to appear before it for his or her client unless that lawyer has been disqui g p e h practice and in conformity with these principles. 20. Lawyers shall enjoy civil and penal immunity for relevant statements made in good faith in t written or oral pleadings or in their professional d s e n n i s appearances before a court, tribunal or other legal or administrative authority. 21. It is the duty of the competent authorities to ensure lawh yers acc n r i a n e s i should be provided at the earliest appropriate time. y n t h r bg e a e r h p i g h r t e t 22. Governments shall recognize and respect that all communications and consultations between lawyers and their clients within theiri professional re , n t e c h c i o p n l e e c c s o i a n o n l i f f o other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the e b q u f a u l i t y p b e a n administration of justice and the promotion and protection of human rights and d to join or form local, national or inter i r n a f o i o professional restrictions by reason of their lawful action or their membership in a lawful organization. In exercisingt these rights, lawyers shall always conduct themselves in accordance with the re p t law and the recognized standards and ethics of the legal profession. 24. Lawyers shall be entitled to form andm join h self-governing professional associations to represent their interests, promote su e e l r p their continuing education and training and protect their professional integrity. The executive body of the proa fessional associations shall be elected by its members and shall exercise its e w h , functions without external interference. 25. Professional associations of lawyers shall cooperate with Government ts to ensure that everyone has e ve and equal access to legal services and that lawyers are able, without improper interference, to counsel and assist their clients in accordance with the law and recognized professional standards and ethics. 26. Codes of professional conduct for lawyers shall be established by the legal profession through its appropriate organs, or by legislation, in accordance with national law and custom and recognized international standards and norms. 27. Charges or complaints made against lawyers in their professional capacity shall be processed expeditiously and fairly under appropriate procedures. Lawyers shall have the right to a fair hearing, including the right to be assisted by a lawyer of their choice.
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