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Commentary on the IBA Council ‘Rule of Law’ Resolution of September 2005

Submitted by Tiffany Roberts on Wed, 09-05-2012
Long title
Commentary on the IBA Council ‘Rule of Law’ Resolution of September 2005
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International Bar Association
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IBA Website
The following is the text of the Resolution passed by the IBA Council in September 2005:
“The International Bar Association (IBA), the global voice of the legal profession, deplores the
increasing erosion around the world of the Rule of Law. The IBA welcomes recent decisions
of courts in some countries that reiterate the principles underlying the Rule of Law. These
decisions reflect the fundamental role of an independent judiciary and legal profession in
upholding these principles. The IBA also welcomes and supports the efforts of its member Bar
Associations to draw attention and seek adherence to these principles.
An independent, impartial judiciary; the presumption of innocence; the right to a fair and
public trial without undue delay; a rational and proportionate approach to punishment, a strong
and independent legal profession; strict protection of confidential communications between
lawyer and client; equality of all before the law; these are all fundamental principles of the
Rule of Law. Accordingly, arbitrary arrests; secret trials; indefinite detention without trial; cruel
or degrading treatment or punishment; intimidation or corruption in the electoral process,
are all unacceptable. The Rule of Law is the foundation of a civilised society. It establishes a
transparent process accessible and equal to all. It ensures adherence to principles that both
liberate and protect. The IBA calls upon all countries to respect these fundamental principles.
It also calls upon its members to speak out in support of the Rule of Law within their respective
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