directly to legal matters, yet they are fundamental to preserving the trust and rapport
between lawyers and their clients.
National bar councils or legal professional bodies should take proactive steps to
guarantee that lawyers have full and timely access to their clients at all times, particularly
during pre-trial detention when rights violations are most likely to occur.
14.
Lawyers must prioritise clear and accessible communication by employing qualified
interpreters, culturally sensitive communication methods, and visual or simplified
materials where necessary, to help address language or literacy barriers.
This approach is particularly vital for foreign nationals and individuals from marginalised
communities who may face systemic disadvantages within the legal system. By ensuring
clients fully understand their rights, the charges against them, and the legal proceedings,
lawyers enhance trust, mitigate power imbalances, and strengthen the overall quality of
defence representation.
Access to Experts
15.
Lawyers must collaborate with forensic experts, mental health professionals,
mitigation specialists, and other relevant experts to strengthen their cases and
ensure that every aspect of the defence is comprehensively developed. Clients facing
the death penalty must also have meaningful access to these experts, allowing them
to participate in assessments, present relevant medical or psychological evidence or
history, and strengthen mitigation arguments.
In instances where local resources are insufficient, regional partnerships should be
fostered to ensure access to specialised expertise. Expert testimony plays a pivotal role
in bolstering defence arguments by offering critical insights, particularly in establishing
mitigating circumstances or diminished responsibility. It is essential that experts engaged
in capital defence cases operate with independence and remain free from institutional
bias, ensuring that their assessments and testimonies are based on the highest professional
integrity rather than external pressures. This independence is particularly crucial when
advocating for state allocation of resources to support expert access, as reliance on
government-appointed specialists may raise concerns about impartiality and undue
influence.
Beyond individual cases, lawyers should actively advocate for the institutionalisation of
such collaborations, urging governments and relevant institutions to allocate sufficient
resources and establish mechanisms for sustained access to independent and qualified
expertise, including forensic analysis, trauma evaluation, and cultural assessment.
Strengthening these structural frameworks ensures that capital defence proceedings are
not reliant on ad-hoc arrangements but are instead supported by a robust, well-integrated
network of impartial, competent professionals. By embedding expert collaboration into
legal defence strategies, lawyers contribute to a fairer, more credible adjudication process
in capital cases.
16.
Lawyers must actively engage with civil society organisations and other relevant
stakeholders to build a resilient and comprehensive ecosystem that enhances the
protection of individuals facing the death penalty.
March 2025
10
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents