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ISTANBUL PROTOCOL II. RELEVANT ETHICAL CODES

131. All professions work within ethical codes, which and non-derogable right of freedom from torture
provide a statement of the shared values and and other cruel, inhuman or degrading treatment
acknowledged duties of professionals and set standards or punishment”. 228 Ethical obligations of judges,
with which they are expected to comply. Ethical prosecutors and lawyers are articulated by the
standards are established primarily in two ways: by standards and ethical codes developed by the United
international instruments drawn up by bodies such as Nations, 229 and by international, 230 regional and
the United Nations and by codes of conduct drafted by national associations of legal professionals. 231
the professions themselves, through their representative These ethical obligations underlie the rights to a
associations nationally or internationally. The fair trial and the due process of law, including an
fundamental tenets are generally the same and impartial, independent, competent judiciary. 232
focus on obligations owed by the professional to
individual clients or patients, to society at large and (a) Duty to conduct themselves professionally
to colleagues in order to promote the interests of and independently
clients and patients, to maintain the integrity of the
profession and to ensure that the power and authority 133. Legal professionals must perform their functions
invested in members of the profession are not abused. without any restrictions, inducements, pressures,
These obligations reflect and complement the rights intimidation, improper influences or interferences,
to which all people are entitled under international direct or indirect, or for any reason, or unjustified
instruments. While this chapter specifically addresses exposure to civil, penal or other liability. 233 Legal
the ethics of legal and health professionals, others who professionals should also observe professional
work with alleged victims and survivors of torture conduct at all times. They should maintain the highest
or ill-treatment should be aware of their professional standards of integrity, propriety and the appearance
obligations and, where they may be lacking, consider of honour, dignity, competence and diligence. 234
relevant ethical obligations presented in this chapter.
(b) Duty to ensure equal treatment to all persons
A. Relevant ethics of legal
professionals 134. Judges and prosecutors have a duty to ensure equal
treatment to all persons without discrimination
1. Principles common to all codes of legal or prejudice. 235 In this regard, when dealing with
professional ethics victims of torture and other cruel, inhuman or
degrading treatment or punishment, they “should
132. Legal professionals “play a critical role in strive to minimize re-victimization or trauma”. 236
upholding human rights, including the absolute Lawyers must also avoid all types of discrimination

228 Human Rights Council resolution 35/12, thirteenth preambular paragraph.
229 For United Nations ethical obligations for judges, see Basic Principles on the Independence of the Judiciary; Bangalore Principles of Judicial Conduct; United Nations Office
on Drugs and Crime, Commentary on the Bangalore Principles of Judicial Conduct (Vienna, 2007); and Judicial Integrity Group, “Measures for the effective implementation
of the Bangalore Principles of Judicial Conduct (the implementation measures)” (Lusaka, 2010). For prosecutors, see Guidelines on the Role of Prosecutors, adopted by the
Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders (1990) (A/CONF.144/28/Rev.1). For lawyers, see Basic Principles on the Role
of Lawyers, adopted at the same Congress.
230 For international ethical obligations for judges, see International Association of Judicial Independence and World Peace; Bologna and Milan Global Code of Judicial Ethics
(2015); and International Commission of Jurists, Judicial Accountability: A Practitioners’ Guide (Geneva, 2016). For prosecutors, see Standards of Professional Responsibility
and Statement of the Essential Duties and Rights of Prosecutors, adopted by the International Association of Prosecutors (1999); and United Nations Office on Drugs and
Crime, The Status and Role of Prosecutors: A United Nations Office on Drugs and Crime and International Association of Prosecutors Guide (New York, 2014). For lawyers,
see International Principles on Conduct for the Legal Profession, adopted by the International Bar Association (2011) .
231 See www.icj.org/icj-launches-new-practitioners-guide-on-judicial-accountability. See also American Bar Association, Model Code of Judicial Conduct, revised edition
(2020); and Council of Europe, “European Guidelines on Ethics and Conduct for Public Prosecutors: ‘the Budapest Guidelines’” (Strasbourg, 2005).
232 International Covenant on Civil and Political Rights, art. 14; and Human Rights Committee, general comment No. 32 (2007).
233 For judges’ duty to conduct themselves professionally and independently, see Basic Principles on the Independence of the Judiciary, art. 2; Bangalore Principles of Judicial Conduct,
value 2; American Bar Association, Model Code of Judicial Conduct, canon 1; and Bologna and Milan Global Code of Judicial Ethics, principle 3.5. For prosecutors, see Guidelines
on the Role of Prosecutors, para. 4; International Association of Prosecutors, Standards of Professional Responsibility, para. 2; and Istanbul Protocol, paras. 49 and 74. For lawyers,
see Basic Principles on the Role of Lawyers, principle 16. See also the preamble to Human Rights Council resolution 35/12, in which the Council recalled that: “An independent
and impartial judiciary, an independent legal profession, an objective and impartial prosecution able to perform its functions accordingly and the integrity of the judicial system are
prerequisites for the protection of human rights and the application of the rule of law and for ensuring fair trials and the administration of justice without any discrimination.”
234 For judges, see Bangalore Principles of Judicial Conduct, values 3, 4 and 6; and Bologna and Milan Global Code of Judicial Ethics, principles 5.1 and 5.2. For prosecutors,
see Guidelines on the Role of Prosecutors, para. 3; and International Association of Prosecutors, Standards of Professional Responsibility, para. 1. For lawyers, see International
Principles on Conduct for the Legal Profession, principle 2.
235 For judges’ duty to ensure equal treatment to all persons, see Bangalore Principles of Judicial Conduct, value 5; and Bologna and Milan Global Code of Judicial Ethics,
principle 5.3. For prosecutors, see Guidelines on the Role of Prosecutors, para. 13 (a).
236 International Commission of Jurists, Principles on the Role of Judges and Lawyers in Relation to Refugees and Migrants (Geneva, 2017), p. 22, commentary to principle 13.
See also Conor Foley, Protecting Brazilians From Torture: A Manual for Judges, Prosecutors, Public Defenders and Lawyers, 2nd ed. (London, International Bar Association,
2013), p. 181.

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