BWBV0007100
Artikel 9
Verdrag van de Raad van Europa tot bescherming van het advocatenberoep
1. Parties shall ensure, subject to restrictions that are prescribed by law and are necessary in a democratic society for preventing, investigating or prosecuting crime or for protecting the rights of others, that lawyers:
a) have access to a lawyer of their choice in the event of being deprived of their liberty;
b) can inform a representative of their professional association, without undue delay, about their deprivation of liberty, the legal basis for it and the place where they are held;
c) have an independent lawyer or a representative of their professional association present during: (i) any search conducted as part of a civil, criminal or administrative investigation or process of either themselves or any premises, vehicles or devices used by them for their professional activities; or
(ii) the seizure or copying of documents, any other data and any kind of equipment used by them for their professional activities; except where there will be no examination of the documents or data by those conducting the search or seizure;
(i) any search conducted as part of a civil, criminal or administrative investigation or process of either themselves or any premises, vehicles or devices used by them for their professional activities; or
(ii) the seizure or copying of documents, any other data and any kind of equipment used by them for their professional activities;
d) are informed about their rights in sub-paragraphs a, b, and c of this paragraph when being deprived of liberty, and before being subject to searches or the seizure or copying of documents.
2. Parties shall ensure that appropriate safeguards are in place and observed when inspections or other measures are taken pursuant to the supervision of the profession.
3. Parties shall ensure that professional associations are able, subject to restrictions that are prescribed by law and are necessary in a democratic society for preventing, investigating and prosecuting crime or for protecting the rights of others, to safeguard the rights set forth in this Convention, including by:
a) having, through their representatives, effective access to lawyers deprived of their liberty, if the lawyers concerned so request;
b) being informed without undue delay about instances, of which law-enforcement authorities are aware, of lawyers being assaulted or killed where there are reasons to believe that this is on account of their professional activities and these instances have not otherwise been made public and where lawyers are not in a position to inform them themselves;
c) having the possibility of attending hearings in any proceedings brought against lawyers where there is reason to believe that this is on account of their professional activities.
4. Parties:
a) shall ensure that lawyers and their professional associations are able to carry out their professional activities and to exercise their rights under Article 7 of this Convention without being the target of: (i) any form of physical attack, threat, harassment or intimidation; or
(ii) any improper hindrance or interference;
(i) any form of physical attack, threat, harassment or intimidation; or
(ii) any improper hindrance or interference;
b) shall refrain from engaging in the conduct specified in sub-paragraph a of this paragraph; and
c) shall conduct an effective investigation into the occurrence of conduct specified by sub- paragraph a of this paragraph where there is reason to believe this may amount to a criminal offence.
5. Parties shall refrain from adopting any measures or endorsing any practices that would undermine the independence and self-governing nature of professional associations.
a) have access to a lawyer of their choice in the event of being deprived of their liberty;
b) can inform a representative of their professional association, without undue delay, about their deprivation of liberty, the legal basis for it and the place where they are held;
c) have an independent lawyer or a representative of their professional association present during: (i) any search conducted as part of a civil, criminal or administrative investigation or process of either themselves or any premises, vehicles or devices used by them for their professional activities; or
(ii) the seizure or copying of documents, any other data and any kind of equipment used by them for their professional activities; except where there will be no examination of the documents or data by those conducting the search or seizure;
(i) any search conducted as part of a civil, criminal or administrative investigation or process of either themselves or any premises, vehicles or devices used by them for their professional activities; or
(ii) the seizure or copying of documents, any other data and any kind of equipment used by them for their professional activities;
d) are informed about their rights in sub-paragraphs a, b, and c of this paragraph when being deprived of liberty, and before being subject to searches or the seizure or copying of documents.
2. Parties shall ensure that appropriate safeguards are in place and observed when inspections or other measures are taken pursuant to the supervision of the profession.
3. Parties shall ensure that professional associations are able, subject to restrictions that are prescribed by law and are necessary in a democratic society for preventing, investigating and prosecuting crime or for protecting the rights of others, to safeguard the rights set forth in this Convention, including by:
a) having, through their representatives, effective access to lawyers deprived of their liberty, if the lawyers concerned so request;
b) being informed without undue delay about instances, of which law-enforcement authorities are aware, of lawyers being assaulted or killed where there are reasons to believe that this is on account of their professional activities and these instances have not otherwise been made public and where lawyers are not in a position to inform them themselves;
c) having the possibility of attending hearings in any proceedings brought against lawyers where there is reason to believe that this is on account of their professional activities.
4. Parties:
a) shall ensure that lawyers and their professional associations are able to carry out their professional activities and to exercise their rights under Article 7 of this Convention without being the target of: (i) any form of physical attack, threat, harassment or intimidation; or
(ii) any improper hindrance or interference;
(i) any form of physical attack, threat, harassment or intimidation; or
(ii) any improper hindrance or interference;
b) shall refrain from engaging in the conduct specified in sub-paragraph a of this paragraph; and
c) shall conduct an effective investigation into the occurrence of conduct specified by sub- paragraph a of this paragraph where there is reason to believe this may amount to a criminal offence.
5. Parties shall refrain from adopting any measures or endorsing any practices that would undermine the independence and self-governing nature of professional associations.
- Citeren als
- Art. 9
- Status
- Geldend recht
- Identificatie
- BWBV0007100
- Officiële bron
- wetten.overheid.nl