When lawyers are silenced

News

Attacks on lawyers’ freedom of expression silence the voices essential to upholding justice and accountability, according to a new report from the Law Society of England and Wales.

When Lawyers are Silenced: How restrictions on lawyers’ expression undermine rights, justice and democracy *highlights a troubling global problem.

Through real-life examples, it illustrates how lawyers across the world face harassment, disbarment and imprisonment for speaking out in support of equal access to justice and human rights.

The report details many violations of lawyers’ freedom of expression, including ongoing criminal proceedings against the leadership of the Istanbul Bar Association**.

The charges come from a statement the Association issued calling for an independent investigation into the deaths of two journalists in Syria.

Prosecutors subsequently accused them of "terrorist propaganda" and "disseminating misleading information".

Law Society president Mark Evans said:

“The intimidation and harassment of lawyers worldwide is extremely concerning, and urgent action is needed to protect freedom of expression in the legal profession.

"The rule of law underpins the rights, freedom and protections that touch the everyday lives of all people in all societies.

"If lawyers are not protected, the justice system collapses and every single one of us will become vulnerable to injustice. One by one, all of our communities will be adversely affected.

“We call on governments to respect and protect lawyers’ rights in line with international law and to condemn all acts of violence, threats or reprisals against lawyers doing their job.

“Lawyers’ freedom of expression is central to a functioning justice system and a healthy democracy.

"We stand with our colleagues who work tirelessly to uphold the rule of law, human rights, access to justice and the very principles that safeguard our daily lives and families.”

Notes to editors

*Read the full freedom of expression report.

With this report, the Law Society makes the following recommendations to governments to protect lawyers’ freedom of expression:

• Review existing and draft legislation to ensure national laws reflect the protections of freedom of expression guaranteed under international law.
• Sign and ratify the Council of Europe Convention on the Protection of the Profession of Lawyer to bolster the protection of lawyer’s rights, including their right to freedom of expression.
• Immediately and unconditionally release all lawyers who are detained solely for carrying out their professional duties, including exercising their right to freedom of expression.

**Read more information about the statement issued by the Istanbul Bar Association.

To learn more on defending freedom of expression for lawyers and journalists, watch the Commonwealth Lawyers Association webinar.

The Law Society will be hosting an event showcasing the resistance and resilience of lawyers facing extraordinary challenges around the world.

The Law Society’s Lawyers at Risk programme supports and raises awareness for legal professionals who face human rights violations because of their work.