8th UN Congress 1990. UN Congresses on the Prevention of Crime and the Treatment of Offenders. Special safeguards in criminal matters

12.03.2020

Russian Federation

BASIC PROVISIONS ON THE ROLE OF LAWYERS (adopted by the Eighth United Nations Congress on the Prevention of Crime in August 1990 in New York)

Accepted
eighth UN Congress
crime prevention
in August 1990 in New York

Because the:

The Charter of the United Nations reaffirms the right of the people of the world to create the conditions under which the rule of law will be respected and proclaims as one of its goals the achievement of cooperation in the creation and maintenance of respect for human rights and fundamental freedoms without distinction on the basis of race, sex, language or religion;

The Universal Declaration of Human Rights affirms the principles of equality before the law, the presumption of innocence, the right to an impartial and public hearing by an independent and fair tribunal, and all the guarantees necessary for the defense of any person charged with a punishable act;

The International Covenant on Civil and Political Rights additionally proclaims the right to be heard without delay and the right to an impartial and public hearing by a competent, independent and fair tribunal as provided by law;

The International Covenant on Economic, Social and Cultural Rights recalls the obligation of states, in accordance with the UN Charter, to promote universal respect for and observance of human rights and freedoms;

The Body of Principles for the Protection of All Persons Detained or Imprisoned provides that every detainee must be afforded the right to assistance, consultation with a lawyer and the opportunity to communicate with him;

The Standard Minimum Rules for the Detention of Prisoners recommend, inter alia, that legal aid and confidentiality during its implementation be guaranteed to persons in detention;

Guarantees that ensure the protection of persons threatened with the death penalty confirm the right of everyone who is or may be charged with the death penalty as a punishment to receive the necessary legal assistance at all stages of the investigation and trial of the case in accordance with Art. 14 of the International Convention on Civil and Political Rights;

The Declaration on Basic Principles of Justice for Victims of Crime and Abuse of Power recommends action at the international and national level to improve access to justice and fair treatment, redress, compensation and assistance for victims of crime;

Adequate enjoyment of the human rights and fundamental freedoms to which all persons are entitled shall be accorded to them in economic, social, cultural, civil and political life and require that all persons have effective access to legal assistance provided by the independent legal profession;

Professional bar associations play a vital role in upholding professional standards and ethical standards, protecting their members from harassment and unreasonable restrictions and infringement, providing legal assistance to all who need it, and cooperating with the Government and other institutions to achieve the goals of justice and the public interest. ;

The Basic Provisions on the Role of Lawyers set out below are formulated to assist Member States in their task of promoting and ensuring the proper role of lawyers, which should be respected and guaranteed by Governments in the development of national legislation and its application, and should be taken into account by both lawyers and judges, prosecutors, members of the legislative and executive authorities and society as a whole. These principles should also apply to persons who exercise the functions of a lawyer without obtaining the formal status of a lawyer.

1. Any person has the right to seek the assistance of a lawyer of his choice to confirm his rights and defend himself at all stages of the criminal procedure.

2. Governments shall guarantee an effective procedure and a working mechanism for real and equal access to lawyers for all persons residing in its territory and subject to its jurisdiction, without distinction of race, colour, ethnicity, sex, language, religion, political or other opinions, national or social origin, economic or other status.

3. Governments should provide the necessary funding and other resources for legal aid to the poor and other disadvantaged people. Professional associations of lawyers should cooperate in organizing and creating conditions for the provision of such assistance.

4. It is the responsibility of Governments and professional associations of lawyers to develop a program designed to inform the public of their rights and obligations under the law and the importance of the role of lawyers in protecting fundamental freedoms.

For these purposes, special attention should be paid to the poor and other insolvent persons, since they themselves are not able to defend their rights and need the help of a lawyer.

5. It is the duty of Governments to ensure that everyone is able to be informed by the competent authorities of his right to be assisted by a lawyer of his choice when he is arrested, detained or imprisoned or charged with a criminal offence.

6. Any person named above who does not have a lawyer, in cases where the interests of justice so require, should be provided with the assistance of a lawyer who has the appropriate competence and experience in dealing with such cases, in order to provide him with effective legal assistance without payment from him, if he does not have the necessary funds.

7. Governments should ensure that a person who is detained, arrested or imprisoned, with or without being charged with a criminal offense, obtains prompt access to a lawyer, in any case no later than 48 hours from the time of detention or arrest.

8. A detained, arrested or imprisoned person must be provided with the necessary conditions, time and means to meet or communicate and consult with a lawyer without delay, hindrance or censorship, in full confidentiality. Such consultations may be in sight but out of earshot of authorized officials.

9. Governments, professional associations of lawyers and training institutes should ensure that lawyers receive adequate education, training and knowledge of both the ideals and ethical duties of lawyers and the human rights and fundamental freedoms recognized by national and international law.

10. It is the responsibility of governments, bar associations and training institutes to ensure that persons are not discriminated against in admitting or continuing to practice law on grounds of race, colour, sex, ethnic origin, religion, political or other opinion, property, place of birth, economic or other status.

11. In countries where there are groups, communities or regions whose needs for legal assistance are not met, especially if such groups have a different culture, tradition, language or have been victims of discrimination in the past, Governments, bar associations and training institutes should take special measures to create favorable conditions for persons from these groups who wish to practice law, and must provide them with sufficient training to meet the needs of these groups.

12. Lawyers must at all times uphold the honor and dignity of their profession as important actors in the administration of justice.

13. The duties of a lawyer towards a client should include:

a) advising the client on his or her rights and obligations, explaining how the legal system works as they relate to the rights and obligations of the client;

b) providing assistance to the client in any legal way and performing legal actions to protect his interests;

c) assistance to the client in courts, tribunals and administrative bodies.

14. Lawyers, in assisting their clients in the administration of justice, must seek respect for human rights and fundamental freedoms recognized by national and international law, and must at all times act freely and with perseverance in accordance with the law and recognized professional standards and ethical norms.

15. A lawyer must always be loyal to the interests of his client.

16. Governments should ensure that lawyers:

a) being able to perform all their professional duties without intimidation, hindrance, harassment or undue interference;

b) the ability to travel freely and consult a client in their own country and abroad;

c) the impossibility of punishment or the threat of such and charges, administrative, economic and other sanctions for any actions carried out in accordance with recognized professional duties, standards and ethical norms.

17. Where the safety of lawyers is at risk in connection with the performance of their professional duties, they should be adequately protected by the authorities.

18. Lawyers should not identify with their clients and clients' affairs in connection with the performance of their professional duties.

19. A court or administrative authority shall not deny recognition of the right of a lawyer who is admitted to practice to represent the interests of his client, unless that lawyer has been disqualified in accordance with national law and practice and these Regulations.

20. A lawyer should enjoy criminal and civil immunity from prosecution for relevant statements made in writing or orally in the performance of his duty in good faith and in the exercise of professional duties before a court, tribunal or other legal or administrative body.

21. The duty of the competent authorities is to provide the lawyer with the opportunity to get acquainted with the information, documents and materials of the case in a timely manner, and in criminal proceedings - no later than the end of the investigation before the pre-trial consideration.

22. Governments should recognize and respect the confidentiality of communications and consultations between lawyer and client in their relationship in connection with the exercise of their professional duties.

23. Lawyers, like other citizens, have the right to freedom of expression, religion, association and organization. In particular, they should have the right to take part in public discussions on matters of law, the administration of justice, the promotion and protection of human rights, and the right to join or form local, national and international organizations and attend their meetings without the threat of restriction of their professional activities due to their lawful actions or membership in a legally permitted organization. In exercising these rights, lawyers must at all times be guided by the law and recognized professional standards and ethical rules.

24. Lawyers should be given the right to form self-governing associations for the purpose of representing their interests, continuing education and retraining and maintaining their professional level. The executive bodies of professional associations are elected by their members and carry out their functions without external interference.

25. Professional associations should cooperate with Governments to ensure the right of everyone to equal and effective access to and legal aid, so that lawyers are able, without undue interference, to advise and assist their clients in accordance with the law and recognized professional standards and ethical rules.

26. Codes of professional conduct for lawyers should be established by the profession through its respective bodies or in accordance with legislation consistent with national law and custom and recognized by international standards and norms.

27. The accusation or prosecution of a lawyer in connection with his professional work should be carried out within the framework of a quick and fair procedure. A lawyer should have the right to a fair hearing, including the possibility of being assisted by a lawyer of his choice.

28. Disciplinary proceedings against lawyers should be left to impartial disciplinary commissions established by the bar itself, with the possibility of appeal to a court.

29. All disciplinary proceedings must be carried out in accordance with the code of professional conduct and other recognized standards and ethical norms of the legal profession in the light of these Regulations.

According to the UN Charter, this organization is responsible for international cooperation on all topical issues. One of the main bodies of the UN, the Economic and Social Council (ECOSOC), is directly involved in the issues of cooperation between countries in the fight against crime, in the structure of which the Committee of Experts on the Prevention of Crime and the Treatment of Offenders was established in 1950. In 1971, it was transformed into the Committee for the Prevention and Control of Crime, and in 1993 - into a higher status body - the Commission on Crime Prevention and Criminal Justice.

The commission (committee) submits to ECOSOC recommendations and proposals aimed at a more effective fight against crime and humane treatment of offenders. The General Assembly, in addition, entrusted to this body the functions of preparing once every five years the UN congresses on the prevention of crime and the treatment of offenders.

The UN Congresses play a major role in the development of international rules, standards and recommendations for crime prevention and criminal justice. To date, 10 congresses have been held, the decisions of which have significantly advanced the issues of international cooperation on a reliable scientific and legal basis.

The UN congresses were held: the first - Geneva, 1955, the second - London. 1960, Third - Stockholm, 1965, Fourth - Kyoto, 1970, Fifth - Geneva, 1975, Sixth - Caracas, 1980, Seventh - Milan, 1985, Eighth - Havana, 1990 ., Ninth - Cairo, 1995, Tenth - Vienna, April 2000 Important international legal documents were developed at the UN congresses. To name just a few of the vast list: the Standard Minimum Rules for the Treatment of Prisoners, adopted by the First Congress, which were developed in a General Assembly resolution in 1990 and in its annex, which formulated the basic principles for the treatment of prisoners;

the Code of Conduct for Law Enforcement Officials, which was considered at the Fifth Congress and, after being revised in 1979, was adopted by the General Assembly;

The Declaration on the Protection of All Persons from Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which was discussed at the Fifth Congress and, on its recommendation, was adopted by the General Assembly in 1975.

The sixth - ninth congresses were especially productive. The Sixth Congress adopted the Caracas Declaration, which states that the success of the criminal justice system and crime prevention strategies, especially in the context of the spread of new and unusual forms of criminal behavior, depends primarily on progress in improving social conditions and improving the quality of life. Around 20 resolutions and other decisions were adopted at the congress concerning crime prevention strategies, prevention of abuse of power, minimum standards of fairness and juvenile justice, guidelines for the independence of judges, legal awareness and dissemination of legal knowledge, etc.

The Seventh Congress adopted the Milan Plan of Action, which states that crime is a serious problem on a national and international scale. It hinders the political, economic, social and cultural development of peoples and endangers human rights, fundamental freedoms, as well as peace, stability and security. The adopted documents recommended that governments give priority to crime prevention, intensify cooperation between themselves on a bilateral and multilateral basis, develop criminological research, pay special attention to the fight against terrorism, drug trafficking, organized crime, and ensure broad public participation in crime prevention.

The Congress adopted more than 25 resolutions, including: the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“Beijing Rules”), a declaration of basic principles of justice for victims of crime and abuse of power, basic principles relating to the independence of the judiciary, and others .

The following topics were discussed at the Eighth Congress: crime prevention and criminal justice; criminal justice policy; effective national and international action to combat organized crime and terrorist criminal activity; youth crime prevention, juvenile justice and youth protection; UN norms and guidelines in the field of crime prevention and criminal justice.

The Congress adopted the largest number of resolutions - 35. To name just a few: international cooperation in the field of crime prevention and criminal justice; the United Nations Guidelines for the Prevention of Juvenile Delinquency (the "Riyadh Principles"); crime prevention in the urban environment; organized crime prevention: combating terrorist activities; corruption in public administration; basic principles for the treatment of prisoners; international and interregional cooperation in the field of prison management and community sanctions.

The Ninth Congress discussed four themes: international cooperation in crime prevention and criminal justice; measures to combat national and transnational economic and organized crime; management and improvement of the work of the police and other law enforcement agencies, prosecutors, courts, correctional institutions; crime prevention strategy. Congress adopted 11 decisions, including: recommendations on the prevention of crime and the treatment of offenders, the results of the discussion of the draft convention on combating organized crime, as well as on children as victims and perpetrators of crimes, on violence against women, on regulating the circulation of firearms in order to crime prevention and public safety.

Judging by the number of documents adopted, after the Eighth Congress, the role of this international institution begins to decline somewhat. It is increasingly shifting towards a recommendatory advisory nature of its activities. A significant part of its functions is transferred to the growing Commission on Crime Prevention and Criminal Justice, ECOSOC and the General Assembly.

The International Committee for Coordination (ICC), referred to as the Committee of Four, takes an active part in the development of many international documents on combating crime and criminal justice, since it covers the work of the International Criminal Law Association (IAML), the International Criminological Society (ICS), the International Society for Social Protection (ICH) and the International Criminal and Prison Fund (ICPF).

New approaches to the development of international rules are less expensive and more professional. The indicated trend is seen as a policy of a certain pragmatism of the UN, since any recommendations, rules, standards, resolutions and declarations acquire a more significant international legal character when they are adopted by the governing structures of the UN and the General Assembly. Conventions have a special place in the system of international documents.

The most concise and selective list of issues that were discussed at past congresses shows how important they were in developing optimal and effective approaches for international cooperation and improving national ways to combat crime in connection with its globalization.

Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, its place in the history of congresses

A Brief History of the UN Congresses

the Code of Conduct for Law Enforcement Officials, which was considered at the Fifth Congress and, after being revised in 1979, was adopted by the General Assembly;

The Ninth Congress discussed four themes: international cooperation in crime prevention and criminal justice; measures to combat national and transnational economic and organized crime; management and improvement of the work of the police and other law enforcement agencies, the prosecutor's office; ry, courts, correctional institutions; crime prevention strategy. Congress adopted 11 decisions, including: recommendations on the prevention of crime and the treatment of offenders, the results of the discussion of the draft convention on combating organized crime, as well as on children as victims and perpetrators of crimes, on violence against women, on regulating the circulation of firearms in order to crime prevention and public safety.

Tenth UN Congress and its significance

The Congress was held from 10 to 17 April 2000 at the Vienna International Center of the United Nations. 138 countries were represented at the congress. The largest delegation is from Austria (45 people). From South Africa - 37, from Japan - 29, from the USA - 21, from France - 20 people. Many countries (Burundi, Guinea, Haiti, Mauritania, Nicaragua, etc.) were represented by one participant. The Russian delegation consisted of 24 members of law enforcement, executive, legislative and scientific institutions, including (5 people - from the Permanent Mission of Russia to the UN in Vienna. The delegation was headed by First Deputy Minister of Internal Affairs of the Russian Federation V.I. Kozlov.

The UN Secretariat and associated research institutes were widely represented at the congress: UNAFEI (Asia and the Far East), UNICRI (Interregional), ILANUD (Latin America), HEUNI (European), UNAFRI (African Regional), NAASS (Arab Academy), AIC (Australian Institute of Criminology), ISPAC (International Scientific Council), etc., as well as intergovernmental organizations (ASEAN, Council of Europe, European Commission, Europol, etc.), numerous (over 40) international non-governmental organizations (Amnesty International, International Association of Criminal Law, International Criminological Society, International Society for Social Protection, International Criminal and Penitentiary Foundation, International Sociological Association, etc.).

370 individual experts attended, including 58 from the US, 29 from the UK and other countries. From Russia - only one individual expert, 2-5 each from the CIS countries and the Baltic states. For example, from Ukraine, with the size of the official delegation of 8 people, there were 5 individual experts.

The following topical issues were brought up for discussion: 1) strengthening the rule of law and strengthening the criminal justice system; 2) international cooperation in the fight against transnational crime: new challenges in the 21st century; 3) effective crime prevention: keeping up with the latest developments; 4) offenders and victims: accountability and fairness in the administration of justice.

At the plenary session, after the opening of the congress and the resolution of organizational issues, an overview of the situation in the world in the field of crime and criminal justice was presented, and from April 12 until the end of the congress, the topic was actively discussed at the plenary session: "International, cooperation in the fight against transnational crime: new challenges in the 21st century". Moreover, on April 14-15, this discussion was held within the framework of the "high-level segment", where the heads of government delegations delivered national reports. The discussion ended with the adoption of the Vienna Declaration on Crime and Justice: a response to the challenges of the 21st century.

Along with the plenary session, work was carried out in two committees. The topics discussed in the First Committee were "Strengthening the rule of law and strengthening the criminal justice system", "Effective crime prevention: keeping up with the latest developments", "Offenders and victims: accountability and fairness in the administration of justice". The Second Committee hosted workshops on anti-corruption, public participation in crime prevention, women in the criminal justice system (female offender, female victim, female criminal justice officer), crimes related to the use computer networks.

All topics of discussion were closely related to solving the main problem of international cooperation - the fight against transnational and national criminal challenges of the new century. As a result, the important outcomes of all discussions were reflected in one way or another in the Declaration on Crime and Justice.

Traditionally, on the last day of the congress, its report was approved. But unlike previous UN forums, not a single resolution was considered at the Tenth Congress. Only one declaration was discussed and adopted, but a very important one. At the turn of the century, it defines the strategy for combating transnational crime. Its draft was discussed throughout the congress and not only at the plenary session and committees, but also during informal consultations of leaders and members of national delegations.

In connection with the enormous global significance, capacity and brevity of the Vienna Declaration, it is advisable not to retell its provisions, but to quote them in full.

Vienna Declaration on Crime and Justice: Responses to the Challenges of the 21st Century.

We, the Member States of the United Nations,

Concerned about the impact on our society of serious crimes of a global nature, and convinced of the need for bilateral, regional and international cooperation in the field of crime prevention and criminal justice,

Particularly concerned about transnational organized crime and the interrelationships between its various types,

Convinced that adequate prevention and rehabilitation programs are fundamental to an effective crime-fighting strategy and that such programs must take into account socio-economic factors that may make people more vulnerable to criminal acts and more likely to commit such acts,

Emphasizing that a fair, responsible, ethical and efficient criminal justice system is an important factor in promoting economic and social development and human security,

Conscious of the potential of restorative approaches to justice that aim to reduce crime and promote the healing of victims, offenders and communities,

Meeting at the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders in Vienna from 10 to 17 April 2000 to decide on more effective concerted action in a spirit of cooperation to tackle the world crime problem,

we proclaim the following:

1.We note with appreciation the results of the regional preparatory meetings for the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders.

2. We reaffirm the goals of the United Nations in the field of crime prevention and criminal justice, especially the reduction of crime, the more efficient and effective enforcement of the rule of law and the administration of justice, respect for human rights and fundamental freedoms, and the promotion of the highest standards of fairness, humanity and professional conduct.

3.We underscore the responsibility of each state to establish and maintain a fair, responsible, ethical and efficient criminal justice system.

4. We recognize the need for closer coordination and cooperation among States in dealing with the world crime problem, given that the fight against it is a common and shared responsibility. In this regard, we recognize the need to intensify and promote technical cooperation activities in order to assist States in their efforts to strengthen their domestic criminal justice systems and their capacity for international cooperation.

5.We attach high priority to the completion of negotiations on the United Nations Convention against Transnational Organized Crime and its Protocols, taking into account the interests of all States.

6.We support efforts to assist States in building capacity, including training and technical assistance, and in developing legislation and regulations, as well as building expertise, to facilitate the implementation of the Convention and its Protocols.

7. Considering the objectives of the Convention and its protocols, we strive to:

(a) Incorporate a crime prevention component into national and international development strategies;

b) intensify bilateral and multilateral cooperation, including technical cooperation, in the areas covered by the Convention and its Protocols;

(d) Strengthen the capacity of the Center for International Crime Prevention, as well as the United Nations Crime Prevention and Criminal Justice Program network, to assist States, upon request, in building capacity in areas covered by the Convention and its Protocols.

8. We welcome the efforts being made by the Center for International Crime Prevention to conduct, in collaboration with the United Nations Interregional Crime and Justice Research Institute, a comprehensive global survey of organized crime to provide a reference base and assist Governments in developing policies and programs.

9. We reaffirm our continued support and commitment to the United Nations and the United Nations Crime Prevention and Criminal Justice Programme, especially the Commission on Crime Prevention and Criminal Justice and the Center for International Crime Prevention, the United Nations Interregional Crime Prevention and crime and justice institutions and the institutions of the Programme's network, as well as the determination to further strengthen the Program by securing appropriately sustainable funding.

10. We commit ourselves to strengthening international cooperation to create an environment conducive to the fight against organized crime, growth and sustainable development, and the eradication of poverty and unemployment.

11. We commit to take into account and address the different impacts of programs and policies on men and women, respectively, within the framework of the United Nations Crime Prevention and Criminal Justice Program and within national crime prevention and criminal justice strategies.

12. We also commit to developing action-oriented policy recommendations that take into account the specific needs of women as criminal justice practitioners, victims, prisoners and offenders.

13. We emphasize that effective action in the field of crime prevention and criminal justice requires the participation as partners and actors of governments, national, regional, interregional and international institutions, intergovernmental and non-governmental organizations and various segments of civil society, including the media and private sector, as well as recognizing their respective roles and contributions.

14. We commit ourselves to develop more effective ways of mutual cooperation in order to eradicate the abhorrent phenomenon of trafficking in persons, especially women and children, and smuggling of migrants. We will also consider supporting the global anti-trafficking program developed by the Center for International Crime Prevention and the United Nations Interregional Crime and Justice Research Institute, subject to close consultation with States and review by the Commission on Crime Prevention and criminal justice, and we identify 2005 as a year in which there will be a significant reduction in the number of such crimes worldwide, and if this goal is not achieved, to assess the actual implementation of the recommended measures.

15. We also commit to strengthening international cooperation and mutual legal assistance to curb the illicit manufacture of and trafficking in firearms, their parts and components and ammunition, and we identify 2005 as the year in which such incidents will be significantly reduced worldwide.

16. We further commit to strengthen international action against corruption, building on the United Nations Declaration against Corruption and Bribery in International Business Transactions, the International Code of Conduct for Public Officials and RELEVANT regional conventions, and building on the work of regional and global fora . We stress the urgent need to develop an effective international legal instrument against corruption, in addition to the United Nations Convention against Transnational Organized Crime, and we invite the Commission on Crime Prevention and Criminal Justice to request the Secretary-General to submit to the Commission at its tenth session, in consultation with States, a thorough review and analysis of all relevant international instruments and recommendations as part of the preparatory work for the development of such an instrument. We will consider supporting the global anti-corruption program developed by the Center for International Crime Prevention and the United Nations Interregional Crime and Justice Research Institute, subject to close consultation with States and review by the Commission on Crime Prevention and Criminal Justice.

17. We reaffirm that the fight against money-laundering and economic crime is an essential element of strategies to combat organized crime, as enshrined as a principle in the Naples Political Declaration and the Global Plan of Action against Transnational Organized Crime. We are convinced that the key to success in this fight lies in the establishment of broad regimes and the harmonization of appropriate mechanisms to combat money laundering of the proceeds of crime, including support for initiatives aimed at states and territories that offer offshore financial services that enable the laundering of proceeds of crime.

18. We decide to develop action-oriented policy recommendations for preventing and combating computer-related crime, and we invite the Commission on Crime Prevention and Criminal Justice to initiate work in this direction, taking into account the work that conducted in other forums. We also commit to work towards strengthening our ability to prevent, investigate and prosecute high-tech and computer-related crime.

19. We note that acts of violence and terrorism continue to be of great concern. Within the framework of the Charter of the United Nations, and subject to all relevant General Assembly resolutions, and in conjunction with our other efforts to prevent and combat terrorism, we intend to work together to take effective, decisive and immediate action to prevent criminal activities carried out to promote terrorism in all its forms and manifestations, and to combat such activities. To this end, we commit ourselves to make every possible effort to promote universal adherence to international instruments relating to the fight against terrorism.

20. We also note that racial discrimination, xenophobia and related forms of intolerance persist and we recognize that it is important to take steps to include measures to prevent racist, racially discriminatory crime in international crime prevention policies and standards , xenophobia and related forms of intolerance, and the fight against it.

21. We reaffirm our determination to combat violence stemming from ethnic intolerance and commit ourselves to make a significant contribution in the fields of crime prevention and criminal justice to the work of the planned World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance.

22. We recognize that United Nations standards and norms in crime prevention and criminal justice are effective in combating crime. We also recognize the importance of prison reform, the independence of the judiciary and prosecutors, and the implementation of the International Code of Conduct for Public Officials. We will seek, where appropriate, the use and application of United Nations standards and norms in crime prevention and criminal justice in national law and practice. We undertake, if appropriate, to review the relevant legislation on administrative procedures in order to enable the necessary education and training of the relevant officials and to ensure the necessary strengthening of the institutions entrusted with the administration of criminal justice,

23. We also recognize the practical value of model treaties on international cooperation in criminal matters as important tools for promoting international cooperation, and we invite the Commission on Crime Prevention and Criminal Justice to encourage the Center for International Crime Prevention to update the compendium in order to provide the most up-to-date versions such model treaties at the disposal of States that wish to avail themselves of them.

24. We further recognize with deep concern that juveniles in difficult circumstances are often at risk of becoming offenders and/or easy targets for involvement in criminal groups, including those associated with transnational organized crime, and we commit ourselves to taking countermeasures to prevent this growing phenomenon and include, where appropriate, provisions relating to the administration of juvenile justice in national development plans and international development strategies, and to take into account issues relating to the administration of juvenile justice in its funding policies for cooperation in development goals.

25. We recognize that comprehensive crime prevention strategies at the international, national, regional and local levels must address the root causes and risk factors associated with crime and victimization through appropriate social, economic, health, education and justice. We urge the development of such strategies, given the recognized success of prevention initiatives in many States, and in the belief that crime can be reduced by applying and sharing our collective experience.

26. We commit to prioritize curbing growth and avoiding excessive numbers of detainees and pre-trial detainees, as the case may be, by implementing credible and effective alternatives to imprisonment.

27. We decide to adopt, where appropriate, national, regional and international plans of action in support of victims of crime, such as mediation and restorative justice mechanisms, and we identify 2002 as the date for States to review their respective practices, strengthen assistance to victims and awareness-raising campaigns on victims' rights; and considering the establishment of funds for victims, in addition to the development and implementation of a witness protection policy.

28. We call for the development of restorative justice policies, procedures and programs that respect the needs and interests of victims, offenders, communities and all other stakeholders.

29. We invite the Commission on Crime Prevention and Criminal Justice to develop specific measures to implement and follow up on the commitments we have made under this Declaration.

Bibliography

A/CONF.187/4 Rev.3.

A/CONF.187/RPM.1/1 and Corr.l, A/CONF.187/RPM.3/1 and A/CONF.187/RPM.4/1.

General Assembly resolution 51/191, annex.

A/49/748, annex.

General Assembly resolution 51/59, annex.

V.V. Luneev. professor, member of the Congress. Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, its place in the history of congresses.

Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders Havana, Cuba, 27 August - 7 September 1990

Pay attention to that the peoples of the world declare, in particular, their determination to create conditions under which justice can be observed, and proclaim as one of their goals the implementation of international cooperation in ensuring and promoting respect for human rights and fundamental freedoms without distinction of race, sex, language and religion

pay attention to that the Universal Declaration of Human Rights contains the principles of equality before the law, the presumption of innocence, the right to have a case heard publicly and with all the requirements of fairness by an independent and impartial tribunal, and all necessary guarantees for the protection of any person charged with a crime,

pay attention to that the International Covenant on Civil and Political Rights also proclaims 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,

pay attention to that the International Covenant on Economic, Social and Cultural Rights recalls the obligation of States under the Charter of the United Nations to promote universal respect for and observance of human rights and freedoms,

pay attention to that the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment provides that a detained person shall have the right to have the assistance of, access and consult with a legal adviser,

pay attention to that the Standard Minimum Rules for the Treatment of Prisoners, inter alia, recommend that untried prisoners be provided with legal assistance and confidential treatment of a lawyer,

pay attention to that the Measures guaranteeing the protection of the rights of those under sentence of death reaffirm the right of everyone suspected or charged with a crime for which the death penalty may be imposed to appropriate legal assistance at all stages of the proceedings, in accordance with article 14 of the International Covenant on civil and political rights,

pay attention to that 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 facilitate access by victims of crime to justice and fair treatment, restitution, compensation and assistance,

pay attention to that, in order to ensure adequate protection of the human rights and fundamental freedoms to which all people should enjoy, whether those rights are economic, social and cultural or civil and political, it is necessary that all people have effective access to legal services provided by independent professional lawyers,

pay attention to that professional associations of lawyers have a fundamental role to play in upholding professional standards and ethics, in protecting their members from harassment and undue restrictions and infringement, in providing legal services to all in need, and in cooperation with government and other institutions, in promoting the goals of justice and in defending public interests,

The following Basic Principles on the Role of Lawyers, formulated to assist Member States in fulfilling their task of development and ensuring the proper role of lawyers, should be respected and taken into account by Governments in their national law and practice and should be brought to the attention of lawyers as well as others persons such as judges, prosecutors, representatives of the executive and legislature and the general public. These Principles also apply, where necessary, to persons who perform the functions of lawyers without having the official status of such.

Access to lawyers and legal services

1. Everyone has the right to turn to any lawyer for help to protect and defend his rights and protect him at all stages of criminal proceedings.

2. The Government shall provide effective procedures and flexible mechanisms for effective and equal access to lawyers for all persons within their territory and subject to their jurisdiction, without any distinction such as discrimination based on race, color, ethnic origin, sex , language, religion, political or other beliefs, national or social origin, property, class, economic or other status.

3. The Government shall ensure that sufficient financial and other means are provided for the provision of legal services to the poor and, where necessary, to other disadvantaged persons. Professional associations of lawyers cooperate in the organization and provision of services, facilities and other resources.

4. Governments and legal professional associations promote programs to inform people of their rights and obligations under the law and of the important role of lawyers in protecting their fundamental freedoms. Particular attention should be paid to helping the poor and other disadvantaged persons so that they can assert their rights and, when necessary, seek the assistance of lawyers.

Special safeguards in criminal matters

6. In all cases where the interests of justice so require, every such person who does not have a lawyer is entitled to the assistance of a lawyer whose experience and competence are appropriate to the nature of the offense, appointed for the purpose of providing him with effective legal assistance free of charge, if he does not have sufficient means. to pay for a lawyer.

7. In addition, Governments shall ensure that all persons arrested or detained, whether or not charged with a criminal offence, have immediate access to a lawyer and in any event no later than forty-eight hours from the time of arrest. or detention.

8. All persons arrested, detained or imprisoned shall be provided with adequate facilities, time and facilities to visit, communicate with and consult with a lawyer without delay, interference or censorship and in full confidentiality. Such consultations may take place in the presence of law enforcement officials, but without the possibility of being heard by them.

Qualification and training

10. Governments, legal professional associations and educational institutions shall ensure that there is no discrimination to the detriment of any person in entering into or continuing the professional practice of law on grounds of race, colour, sex, ethnicity, religion, political or other opinion, national or social origin. , property, class, economic or other status, except that the requirement that the lawyer must be a citizen of the country concerned is not considered discriminatory.

11. In countries where there are groups, communities or regions whose needs for legal services are not being met, especially where such groups have distinct cultures, traditions or languages or have been victims of discrimination in the past, governments, legal professional associations and educational institutions should take special measures to enable candidates from these groups to gain access to the legal profession and to ensure that they receive an education appropriate to the needs of their groups.

Functions and responsibilities

12. Lawyers shall in all circumstances retain the honor and dignity inherent in their profession as responsible officers in the administration of justice.

13. In relation to their clients, lawyers perform the following functions:

a) advising clients on their legal rights and obligations and the operation of the legal system, in so far as it relates to the legal rights and obligations of clients;

b) providing assistance to clients by any means available and taking legislative measures to protect them or their interests;

c) providing, if necessary, assistance to clients in courts, tribunals or administrative bodies.

14. In protecting the rights of their clients and advocating the interests of justice, lawyers should contribute to the protection of human rights and fundamental freedoms recognized by national and international law, and in all cases act independently and in good faith in accordance with the law and recognized standards and professional ethics of a lawyer.

15. Lawyers always strictly observe the interests of their clients.

Guarantees in relation to the performance of their duties by lawyers

16. Governments shall ensure that lawyers: a(a) are able to carry out all their professional duties in an environment free from threats, obstructions, intimidation or undue interference; b) were able to travel and freely consult with their clients within the country and abroad; and With) have not been prosecuted or subject to judicial, administrative, economic or other sanctions for any act performed in accordance with recognized professional duties, norms and ethics, as well as threats of such prosecution and sanctions.

17. Where the safety of lawyers is threatened by the exercise of their functions, the authorities provide them with adequate protection.

18. Lawyers do not identify with their clients or the interests of their clients as a result of their functions.

19. No court or administrative body that recognizes the right to counsel refuses to recognize the rights of a lawyer to plead for his client, unless the lawyer has been denied the right to exercise his professional duties in accordance with national law and practice. and in accordance with these principles.

20. Lawyers shall enjoy civil and criminal immunities in respect of relevant representations made in good faith in the form of written submissions to a court or oral pleadings in court or in the course of their professional duties before a court, tribunal or other legal or administrative body.

21. Competent authorities have an obligation to provide lawyers with sufficient advance access to appropriate information, files and documents in their possession or control to enable lawyers to provide effective legal assistance to their clients. Such access should be provided as soon as necessary.

22. Governments recognize and ensure that all communications and consultations between lawyers and their clients in the course of their professional relationship are confidential.

Freedom of opinion and association

23. Lawyers, like other citizens, have the right to freedom of expression, opinion and assembly. In particular, they have the right to take part in public discussions on matters relating to the law, the administration of justice and the promotion and protection of human rights, and to be members of local, national or international organizations or to establish them and take part in their meetings, without being restricted by their professional activities as a result of their lawful actions or membership in a lawful organization. In exercising these rights, lawyers in their actions are always guided by the law and recognized norms and professional ethics of a lawyer.

Professional associations of lawyers

25. Professional associations of lawyers work with governments to ensure that all persons have effective and equal access to legal services and that lawyers are able, without undue interference, to advise and assist clients in accordance with the law and recognized professional and ethical standards.

Disciplinary action

26. Lawyers, through their respective bodies and legislatures, develop codes of professional conduct for lawyers, in accordance with national laws and customs and recognized international standards and norms.

27. Allegations or complaints against lawyers in their professional capacity shall be dealt with promptly and objectively in accordance with due process. Lawyers have the right to a fair hearing, including the right to be assisted by a lawyer of their choice.

28. Disciplinary action against lawyers is reviewed by an impartial disciplinary committee established by lawyers, in an independent body provided for by law or in court, and is subject to independent judicial review.

29. All disciplinary action is determined in accordance with the Code of Professional Conduct and other recognized standards and professional ethics of the lawyer and in the light of these principles.

1 of the General Assembly.

2 of the General Assembly, annex.

3 of the General Assembly, annex.

4 See Human Rights: A Compendium of International Instruments(United Nations publication, Sales No. E.88.XIV.I), section G.

5 of the General Assembly, annex.

BASIC PRINCIPLES,
RELATED TO THE ROLE OF LAWYERS

(Havana, 27 August - 7 September 1990)

Considering that the peoples of the world declare in the Charter of the United Nations, inter alia, their determination to create conditions under which justice can be observed, and proclaim as one of their goals the implementation of international cooperation in securing and promoting respect for human rights and fundamental freedoms without distinction of race, sex, language or religion,
Considering that the Universal Declaration of Human Rights sets forth the principles of equality before the law, the presumption of innocence, the right to have a case heard publicly and in all fairness by an independent and impartial tribunal, and all necessary guarantees for the protection of any person accused of committing a crime,
Considering that the International Covenant on Civil and Political Rights also proclaims 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 duty of States under the Charter of the United Nations 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 have the right to avail himself of the assistance of, to contact and consult with a legal adviser,
Whereas the Standard Minimum Rules for the Treatment of Prisoners recommend, inter alia, that untried prisoners be provided with legal assistance and confidential treatment of a lawyer,
Whereas the Measures guaranteeing the protection of the rights of those under sentence of death reaffirm the right of every person suspected or charged with a crime for which the death penalty may be imposed to appropriate legal assistance at all stages of the proceedings, in accordance with Article 14 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 facilitate access to justice and fair treatment, restitution, compensation and assistance for victims of crime,
Considering that in order to ensure adequate protection of human rights and fundamental freedoms to which all people should enjoy, whether those rights are economic, social and cultural or civil and political, it is necessary that all people have effective access to legal services provided by independent professional lawyers,
Whereas professional associations of lawyers have a fundamental role to play in upholding professional standards and ethics, in protecting their members from harassment and undue restrictions and infringement, in providing legal services to all in need, and in cooperating with government and other institutions in promoting the goals of justice, and in defending the public interest,
The following Basic Principles on the Role of Lawyers, formulated to assist Member States in fulfilling their task of development and ensuring the proper role of lawyers, should be respected and taken into account by Governments in their national law and practice and should be brought to the attention of lawyers as well as others persons such as judges, prosecutors, representatives of the executive and legislature and the general public. These principles also apply, where appropriate, to persons who perform the functions of lawyers without having the official status of such.

Access to lawyers and legal services

1. Everyone has the right to turn to any lawyer for help to protect and defend his rights and protect him at all stages of criminal proceedings.
2. The Government shall provide effective procedures and flexible mechanisms for effective and equal access to lawyers for all persons within their territory and subject to jurisdiction, without distinction of any kind, such as discrimination based on race, colour, ethnic origin, sex, language, religion, political or other beliefs, national or social origin, property, class, economic or other status.
3. Governments shall ensure that sufficient financial and other means are provided for the provision of legal services to the poor and, where necessary, to other disadvantaged persons. Professional associations of lawyers cooperate in the organization and provision of services, facilities and other resources.
4. Governments and legal professional associations promote programs to inform people of their rights and obligations under the law and of the important role of lawyers in protecting their fundamental freedoms. Particular attention should be paid to helping the poor and other disadvantaged persons so that they can assert their rights and, when necessary, seek the assistance of lawyers.

Special safeguards in criminal matters

5. Governments shall ensure that the competent authorities immediately inform every person of his right to be assisted by a lawyer of his choice when he is arrested or detained or charged with a criminal offence.
6. In all cases where the interests of justice so require, every such person who does not have a lawyer is entitled to the assistance of a lawyer whose experience and competence are appropriate to the nature of the offense, appointed for the purpose of providing him with effective legal assistance free of charge, if he does not have sufficient means. to pay for a lawyer.
7. In addition, Governments shall ensure that all persons arrested or detained, whether or not charged with a criminal offence, have immediate access to a lawyer and in any event no later than forty-eight hours from the time of arrest. or detention.
8. All persons arrested, detained or imprisoned shall be provided with adequate facilities, time and facilities to visit, communicate with and consult with a lawyer without delay, interference or censorship and in full confidentiality. Such consultations may take place in the presence of law enforcement officials, but without the possibility of being heard by them.

Qualification and training

9. Governments, legal professional associations and educational institutions shall ensure that lawyers are adequately qualified and trained and are aware of professional ideals and moral obligations, as well as human rights and fundamental freedoms recognized by national and international law.
10. Governments, legal professional associations and educational institutions shall ensure that there is no discrimination to the detriment of any person in entering into or continuing the professional practice of law on grounds of race, colour, sex, ethnicity, religion, political or other opinion, national or social origin. , property, class, economic or other status, except that the requirement that the lawyer must be a citizen of the country concerned is not considered discriminatory.
11. In countries where there are groups, communities and regions whose needs for legal services are not being met, especially where such groups have distinct cultures, traditions or languages or have been victims of discrimination in the past, governments, legal professional associations and educational institutions should take special measures to enable candidates from these groups to gain access to the legal profession and to ensure that they receive an education appropriate to the needs of their groups.

Functions and responsibilities

12. Lawyers shall in all circumstances retain the honor and dignity inherent in their profession as responsible officers in the administration of justice.
13. In relation to their clients, lawyers perform the following functions:
a) advising clients on their legal rights and obligations and the operation of the legal system, in so far as it relates to the legal rights and obligations of clients;
b) providing assistance to clients by any means available and taking legislative measures to protect them or their interests;
c) providing, if necessary, assistance to clients in courts, tribunals or administrative bodies.
14. In protecting the rights of their clients and advocating the interests of justice, lawyers should contribute to the protection of human rights and fundamental freedoms recognized by national and international law, and in all cases act independently and in good faith in accordance with the law and recognized standards and professional ethics of a lawyer.
15. Lawyers always strictly observe the interests of their clients.

Performance Guarantees by Lawyers
their duties

16. Governments shall ensure that lawyers:
a) are able to carry out all their professional duties in an environment free from threats, obstruction, intimidation or undue interference;
(b) be able to travel and consult freely with their clients within and outside the country; and
c) have not been prosecuted or subject to judicial, administrative, economic or other sanctions for any act performed in accordance with recognized professional duties, standards and ethics, or the threat of such prosecution and sanctions.
17. Where the safety of lawyers is threatened by the exercise of their functions, the authorities provide them with adequate protection.
18. Lawyers do not identify with their clients or the interests of their clients as a result of their functions.
19. No court or administrative body that recognizes the right to counsel refuses to recognize the rights of a lawyer to plead for his client, unless the lawyer has been denied the right to exercise his professional duties in accordance with national law and practice. and in accordance with these principles.
20. Lawyers shall enjoy civil and criminal immunities in respect of relevant representations made in good faith in the form of written submissions to a court or oral pleadings in court or in the course of their professional duties before a court, tribunal or other legal or administrative body.
21. Competent authorities have an obligation to provide lawyers with sufficient advance access to appropriate information, files and documents in their possession or control to enable lawyers to provide effective legal assistance to their clients. Such access should be provided as soon as necessary.
22. Governments recognize and ensure that all communications and consultations between lawyers and their clients in the course of their professional relationship are confidential.

Freedom of opinion and association

Professional associations of lawyers

24. Lawyers have the right to form and be members of independent professional associations that represent their interests, promote their continuing education and training, and protect their professional interests. The executive body of professional organizations is elected by its members and performs its functions without outside interference.
25. Professional associations of lawyers work with governments to ensure that all persons have effective and equal access to legal services and that lawyers are able, without undue interference, to advise and assist clients in accordance with the law and recognized professional and ethical standards.

Disciplinary action

26. Lawyers, through their respective bodies or legislative bodies, develop codes of professional conduct for lawyers, in accordance with national laws and customs and recognized international standards and norms.
27. Allegations or complaints against lawyers in their professional capacity shall be dealt with promptly and objectively in accordance with due process. Lawyers have the right to a fair hearing, including the right to be assisted by a lawyer of their choice.
28. Disciplinary action against lawyers is reviewed by an impartial disciplinary committee established by lawyers, in an independent body provided for by law or in court, and is subject to independent judicial review.
29. All disciplinary action is determined in accordance with the Code of Professional Conduct and other recognized standards and professional ethics of the lawyer and in the light of these Principles.