“The concept of “possessions” in the first part of Art.1 of Protocol No. 1 has an
autonomous meaning which is not limited to the ownership of material goods and is
independent from the formal classification in domestic law. In the same way as
material goods, certain other rights and interests constituting assets can also be
regarded as “property rights”, and thus as “possessions” for the purposes of this
provision. In each case the issue that needs to be examined is whether the
circumstances of the case, considered as a whole, conferred on the Applicant title to
a substantive interest protected by Art. 1 of Protocol No. 1 similar to Article 14 of
the African Charters.
By the nature of their profession, legal practitioners have an essential and
fundamental role in the protection of human rights as advocates and practitioners of
the law. They represent individuals who have been accused of offences with the aim
of finding an effective remedy domestically and increasingly, to seek such remedies
internationally and also to make sure that persons found guilty of offences face the
wrath of the law. These responsibilities are to be exercised without restrictions.
When so restricted, the exercise of rights would be illusory and the high principles
of the Declarations and Covenants would more likely remain sterile and unenforced.
There is indeed nothing in the statute books of the Defendant criminalizing the
practice of law or even rendering lawyers criminally liable for representing clients
in Court.
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