47.
The Court is of the view that a physical search of the Applicant's representative
in conformity with normal security practices to access the prison would
not
infringe on the rights of the Applicant or that of her representatives. However,
any search of the documents of the Applicant's Representative would be in
contravention international human rights norms before this Court.
48.In
dealing
with
the
question
of the
search
of a lawyer's
documents,
the
European Court of Human Rights in the case of André and Another v. France
(Application no. 18603/03) held:
“The Court considers that searches and seizures at the premises of a
lawyer undoubtedly breach professional secrecy, which is the basis of
the
relationship
of trust existing
between
a lawyer
and
his client.
Furthermore, the safeguarding of professional secrecy is in particular the
corollary of the right of a lawyer's client not to incriminate himself, which
presupposes
that the
authorities
resorting
evidence
obtained
fo
seek
to prove
through
their case
methods
of
without
coercion
or
oppression in defiance of the will of the “person charged”
49.
In addition to accepted
standards under international law, the Court further
notes that the Respondent's own national laws namely Articles 50, 54, 56 and
57 of Law
83/2013
dated
11
September
organization and operation of the Rwandan
guarantee
the
right
of
lawyers
to
2013
pertaining
to the creation,
Bar Association,
communicate
with
recognize and
detained
clients,
professional secrecy and provide for procedures of search of an advocates
office.
50.
The Court therefore holds that the Respondent is under an obligation to take
necessary measures to facilitate access to the Applicant by her representatives.
Further, that the Respondent should refrain from taking any measures that
would infringe on the Applicant’s representative’s rights to professional secrecy
and to communicate freely with the Applicant.
10