February 1, 2021
The International Observatory for Lawyers in Danger (IOLD) expresses its concern about the criminal investigation underway in Tunisia against lawyer Abderrazak Kilani, former President of the National Bar Association of Tunisia during the transition to democracy between 2010 and 2011, then Minister for Relations with the Constituent Assembly and Ambassador of Tunisia to the United Nations.
President Kilani, known for his commitment to human rights, freedom of expression and democracy, will have to appear before the military court of his country for acts related to the legitimate exercise of his functions as a lawyer.
The Observatory expresses its solidarity with President Kilani. The National Bar Association of Tunisia (ONAT) has been awarded the Nobel Peace Prize 2015, as a member of the “Quartet of Tunisian National Dialogue”, for its decisive contribution to the construction of a pluralist democracy in Tunisia.
The Observatory calls on the Tunisian authorities to respect the United Nations Basic Principles on the Role of Lawyers, adopted by the Eighth United Nations Congress on Crime Prevention, held in Havana from 27 August to 7 September 1990, in particular principles 16,17,18 and 23:
“Governments shall ensure that lawyers (a) are able to perform all their professional functions without hindrance, intimidation, harassment or undue interference;” (Principle 16)
“Where the safety of lawyers is threatened in the performance of their duties, they shall be adequately protected by the authorities.” (Principle 17)
“Lawyers shall not be equated with their clients or their clients’ cause as a result of the performance of their duties.” (Principle 18)
“Lawyers, like all other citizens, should enjoy freedom of expression, belief, association and assembly. In particular, they shall have the right to engage in public discussion of the law, the administration of justice, and the promotion and protection of human rights, and to join or form local, national or international organizations and to attend their meetings without professional restrictions because of their lawful acts or membership in a lawful organization. In exercising these rights, lawyers shall conduct themselves in accordance with the law and recognized standards and ethics of the legal profession. (Principle 23)