Freedom of expression carries unique implications for legal professionals who uphold and defend the rule of law and advocate for international human rights standards.
Lawyers around the world are subjected to improper interference because of their legitimate expression.
This report highlights the importance of safeguarding lawyers’ right to freedom of expression.
Drawing on cases gathered through our Lawyers at Risk programme, and through desk research, it references specific examples of lawyers who have been subjected to a range of sanctions simply for speaking out in the course of their work.
It also highlights the methods used to silence lawyers, including harassment, intimidation, disbarment, arbitrary detention and criminal prosecution.
How lawyers are silenced
The pattern repeats in countries across all regions.
States weaponise the criminal justice system and disciplinary procedures to prevent lawyers from providing effective legal representation.
This also silences dissent and undermines the independence of the legal profession.
Laws restricting expression
The vague and subjective nature of sedition laws make them a tool of repression.
Countries under authoritarian regimes and experiencing rule of law backsliding often apply sedition-like laws to criminalise lawyers for legitimate expression.
These are often used in conjunction with offences of disinformation, fake news or cybercrime.
Counter-terrorism and national security laws
The use of terrorism legislation grants authorities greater powers to:
- detain individuals
- deny access to legal representation
- freeze assets, and
- impose more severe sentences
Terrorism-related charges are often combined with charges of fake news, disinformation or propaganda against the state to vilify and isolate the accused.
