A/HRC/41/48 15. The Guidelines on the Role of Prosecutors contains two provisions on the exercise of fundamental freedoms by prosecutors. In the Guidelines, it is acknowledged that prosecutors, like other citizens, are entitled to freedom of expression, belief, association and assembly, and it is pointed out that in exercising these rights, prosecutors should always conduct themselves “in accordance with the law and the recognized standards and ethics of their profession” (guideline 8). The Guidelines also provide that prosecutors have the right “to join or form local, national or international organizations and attend their meetings” (guideline 8) and the right “to form and join professional associations or other organizations to represent their interests, to promote their professional training and to protect their status” (guideline 9). B. Regional standards 16. A number of regional instruments contain provisions similar to those included in the Basic Principles on the Independence of the Judiciary and the Guidelines on the Role of Prosecutors. 17. While expressly recognizing the right of judges to form and join professional associations (para. 25), the Council of Europe recommendation of 17 November 2010 entitled “Judges: independence, efficiency and responsibilities” does not include a specific provision on the exercise of freedom of expression. The Council recommends, however, that judges exercise restraint in their relations with the media (para. 19) and that their engagement in activities outside their judicial mandate is compatible with their impartiality and independence (para. 21). The European Charter on the statute for judges also contains detailed provisions on the exercise of freedom of expression (art. 4.3) and extrajudicial activities (art. 4.2). 18. With regard to prosecutors, in its recommendation of 6 October 2000 on the role of public prosecution in the criminal justice system, the Council of Europe recommends that member States take measures to ensure that public prosecutors have an effective right to freedom of expression, belief, association and assembly, and provides that the exercise of these rights “can only be limited in so far as this is prescribed by law and is necessary to preserve the constitutional position of the public prosecutors” (para. 6). 19. The Beijing Statement of Principles of the Independence of the Judiciary in the LAWASIA5 Region, adopted in 1995, provide that judges have the right to exercise their fundamental freedoms “to the extent consistent with their duties as members of the judiciary” (principle 8); they are also free to form and join judicial associations to represent their interests, promote their professional training and protect their independence (principle 9). 20. The Statute of the Iberoamerican Judge recognizes that the “legitimate right to the freedom of expression and information” (art. 3), as well as the right to form professional associations “apart from exceptions established by the Constitution or legislation of each country” (art. 36). 21. Regional human rights courts and mechanisms in Europe and the Inter-American system have also contributed to clarifying the way in which judges and prosecutors can exercise their fundamental freedoms and the extent of permissible limitations aimed at safeguarding the dignity of their profession and the independence and impartiality of the judiciary. 22. The European Court of Human Rights has developed a vast jurisprudence on the balance between judicial freedom of expression and the need to safeguard the independence and impartiality of the courts. 6 The European Court has considered the issue from two 5 6 Law Association for Asia and the Pacific. See Sietske Dijkstra, “The freedom of the judge to express his personal opinions and convictions under the ECHR”, Utrecht Law Review, vol. 13, No. 1 (January 2007); and Jorge Antonio Climent Gallart, “La jurisprudencia del TEDH sobre la libertad de expresión de los jueces”, Revista Boliviana de Derecho, No. 25 (2018) (in Spanish). 5