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Rule of Law
PART II
• Lawyers should have access to their clients, including in particular to persons deprived of
their liberty, to enable them to counsel in private and to represent their clients according to
established professional standards;
• All reasonable and necessary measures should be taken to ensure the respect of the confidentiality of the lawyer-client relationship. Exceptions to this principle should be allowed
only if compatible with the rule of law;
• Lawyers should not be refused access to a court before which they are qualified to appear
and should have access to all relevant evidence and records when defending the rights and
interests of their clients in accordance with their professional standards.
Brussels 2006 (Decisions: Decision No. 5/06 on Organized Crime)
The Ministerial Council,
(…)
4. Urges participating States to pay due attention to the integrity and professionalism of (…)
prosecution authorities, the efficient administration of justice and proper management of the
court system, the independence of the judiciary and the proper functioning of the penitentiary system (…)
Helsinki 2008 (Decisions: Decision No. 7/08 on Further Strengthening the Rule of Law in the
OSCE Area)
The Ministerial Council,
(…)
4. Encourages participating States, with the assistance, where appropriate, of relevant OSCE
executive structures in accordance with their mandates and within existing resources, to continue and to enhance their efforts to share information and best practices and to strengthen
the rule of law, inter alia in the following areas:
• Independence of the judiciary, effective administration of justice, right to a fair trial, access
to court, accountability of state institutions and officials, respect for the rule of law in public administration, the right to legal assistance and respect for the human rights of persons
in detention;
(…)
2.4.3 Administration of Justice
A. Law Enforcement
Moscow 1991
(21) The participating States will
(21.1) - take all necessary measures to ensure that law enforcement personnel, when enforcing
public order, will act in the public interest, respond to a specific need and pursue a legitimate
aim, as well as use ways and means commensurate with the circumstances, which will not exceed the needs of enforcement;
(21.2) - ensure that law enforcement acts are subject to judicial control, that law enforcement personnel are held accountable for such acts, and that due compensation may be
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