party’s interests. The courts are subject to CCP interference and police, prosecutors and judges all work within the same party-led system. JPP argues that impartiality and bias within the Pakistani legal system have long been identified by lawyers and laypersons alike as a major weakness. The majority (60%) of JPP’s survey respondents felt that public opinion, particularly in death penalty cases, impacts judges in their decision-making. JPP also found that 46% of respondents felt that courts faced hurdles when attempting to perform their duties free from the influence of government or private actors. In Malaysia, the constitutional framework provides specific protections for judicial independence. For example, article 121(1) of the Malaysian Federal Constitution states that judicial power shall rest in the High Courts and in lower courts to the extent outlined under federal law. Legal provisions also set out the protection of judicial independence including a Judges’ Code of Ethics (2009) which includes procedures to sanction a judge who has breached the code. However, the research report for this study raised concerns regarding both the constitutional and legal protections on judicial independence. For example, the Judicial Appointments Commission Act 2009 explicitly states that the Prime Minister has the duty to uphold the continued independence of the judiciary and directly appoints five out of nine positions on the Judicial Appointments Commission. The Prime Minister thus has great influence on judicial appointments. Legal Assistance Effective legal assistance is a critical component of a fair trial. The assistance must be available at every stage of the criminal proceedings and regardless of the ability to pay. ICCPR, article 14, states that all persons should be equal before the courts and tribunals which includes the right to defend oneself or through legal assistance of one’s own choosing. The UN Human Rights Committee, General Comment 36, states that a “lack of effective representation involving confidential attorneyclient meetings during all stages of the criminal proceedings, including criminal interrogation, preliminary hearings, trial and appeal” in death penalty cases is a violation of fair trial guarantees provided for in article 14 of the ICCPR. An independent and ethical legal profession underpins the provision of effective representation. Governments must ensure that lawyers are able to perform their professional duties without intimidation, harassment or interference. The UN Basic Principles (1990) state that lawyers are entitled to form and join self-governing professional associations and these should be able to exercise their functions without external influence. According to the UN Basic Principles on the Role of Lawyers, lawyers shall at all times act freely and diligently in accordance with the law and recognised standards and ethics of the legal profession. According to our research reports from across Asia, lawyers face a number of challenges to carrying out their duties in death penalty cases independently. The role of an independent professional body 8