privileged or sensitive details that could jeopardise the client’s position. This
collaboration empowers families to play a constructive role, while ensuring the integrity
of the legal defence remains uncompromised.
Confidentiality and Data Protection
19.
Lawyers must ensure that all communications with their clients, through all means
including in-person visits, are treated as strictly confidential, taking proactive steps
to protect this confidentiality throughout the legal process. Lawyers should also
actively inform their clients of their right to confidential communication and ensure
they understand how sensitive information will be handled and protected.
Upholding confidentiality fosters trust, encourages full participation in the defence, and
is essential to preserving the integrity of attorney-client privilege.
Strict adherence to confidentiality protocols is a core professional and ethical obligation.
Lawyers must remain alert to any attempts—by authorities or otherwise—to undermine
this protection and take all necessary steps to prevent breaches, thereby safeguarding
both the client’s rights and the fairness of the proceedings.
Chapter IV
ENSURING FAIRNESS AND PROTECTION IN CAPITAL CASES
Preventing Torture and Ill-treatment in Capital Cases
20.
Lawyers must take proactive and strategic measures to safeguard their clients from
torture, coercion, violence, or other forms of ill-treatment, particularly during
arrest, detention, and interrogation. Given the heightened risks of abuse in capital
cases, lawyers must act as frontline safeguards against practices designed to extract
confessions and/or information, undermine fair trial rights, or exert undue pressure
on defendants.
Lawyers must actively monitor detention conditions and advocate for safeguards that
prevent mistreatment, including access to legal counsel during interrogations, protections
against incommunicado detention, and the right to remain silent. Pre-trial detention is
often characterised by overcrowding, poor supervision, and unchecked power dynamics,
making individuals facing capital charges especially vulnerable. Lawyers must ensure
that any signs of physical or psychological abuse are promptly identified, meticulously
documented, and brought to the attention of oversight bodies, courts, or international
mechanisms. Where mistreatment occurs, lawyers must file urgent legal challenges to
exclude coerced evidence and demand accountability for violations.
Beyond legal advocacy, lawyers should work in coordination with independent medical
professionals and forensic experts to assess, document, and present evidence of torture
or other ill-treatment. They must also push for systemic reforms, including greater
transparency in detention records, independent monitoring of interrogation practices and
detention facilities, and adherence to international human rights standards such as the
United Nations Convention Against Torture (CAT) and the Manual on the Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (Istanbul Protocol). In collaboration with civil society
March 2025
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