DOC/OS(XXX)247 f) g) h) i) j) k) Page 8 (iii) be free to exercise his or her professional judgement in a professional manner free of influence of the State or the judicial body; (iv) advocate in favour of the accused or party to a civil case; (v) be sufficiently compensated to provide an incentive to accord the accused or party to a civil case adequate and effective representation. Professional associations of lawyers shall co-operate in the organisation and provision of services, facilities and other resources, and shall ensure that: (i) when legal assistance is provided by the judicial body, lawyers with the experience and competence commensurate with the nature of the case make themselves available to represent an accused person or party to a civil case; (ii) where legal assistance is not provided by the judicial body in important or serious human rights cases, they provide legal representation to the accused or party in a civil case, without any payment by him or her. Given the fact that in many States the number of qualified lawyers is low, States should recognize the role that para-legals could play in the provision of legal assistance and establish the legal framework to enable them to provide basic legal assistance. States should, in conjunction with the legal profession and non-governmental organizations, establish training, the qualification procedures and rules governing the activities and conduct of para-legals. States shall adopt legislation to grant appropriate recognition to para-legals. Para-legals could provide essential legal assistance to indigent persons, especially in rural communities and would be the link with the legal profession. Non-governmental organizations should be encouraged to establish legal assistance programmes and to train para-legals. States that recognize the role of para-legals should ensure that they are granted similar rights and facilities afforded to lawyers, to the extent necessary to enable them to carry out their functions with independence. I. INDEPENDENCE OF LAWYERS: a) States, professional associations of lawyers and educational institutions shall ensure that lawyers have appropriate education and training and be made aware of the ideals and ethical duties of the lawyer and of human rights and fundamental freedoms recognized by national and international law. b) States shall ensure that lawyers: (i) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (ii) are able to travel and to consult with their clients freely both within their own country and abroad; (iii) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics. c) States shall recognize and respect that all communications and consultations between lawyers and their clients within their professional relationship are confidential. d) It is the duty of the competent authorities to ensure lawyers access to appropriate information, files and documents in their possession or control in sufficient time to enable lawyers to provide effective legal assistance to their clients. Such access should be provided at the earliest appropriate time. e) Lawyers shall enjoy civil and penal immunity for relevant statements made in good faith in written or oral pleadings or in their professional appearances before a judicial body or other legal or administrative authority. f) Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.

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