A/HRC/35/31 not firmly institutionalized and adequately protected can easily be corrupted or co-opted by interests other than those of applying the law in a fair and impartial manner. 3. Independence of lawyers and the legal profession 46. In the first report, the Special Rapporteur stated that he would be vigilant with regard to the protection of the important role of lawyers and their respective bar associations in upholding human rights and fundamental freedoms. In this context, he made an important distinction between engagement in the protection of human rights which have political connotations, and engagement in politics per se (see E/CN.4/1995/39, para. 72). 47. The Special Rapporteur acknowledges the importance of the standards set out in the Basic Principles on the Role of Lawyers and the Guidelines on the Role of Prosecutors. He will give special attention to this matter, and takes the opportunity to call on all bar associations and lawyers’ organizations to adopt the same course of action. The Special Rapporteur wishes to express his support for and endorsement of all the actions that can be implemented to this end. Safeguards for the protection of lawyers 48. As far back as 1998, the Special Rapporteur had already noted a constant concern that had been expressed about the increased number of complaints concerning Governments’ identification of lawyers with their clients or their clients’ causes, especially lawyers representing the accused in politically sensitive cases. Identifying lawyers with their clients’ causes could be construed in many circumstances as intimidation and harassment, against which Governments have an obligation to protect lawyers (see E/CN.4/1998/39, para. 179). 49. The Special Rapporteur later declared that he would also pay particular attention to any attempt to suppress or restrict the independent operation of bar associations, as had been expressed in previous reports (see E/CN.4/2004/60, para. 46). 50. Previous mandate holders identified prerequisites and safeguards that are essential for lawyers to freely and effectively discharge their professional functions (A/64/181); looked in detail into the provision of legal aid (A/HRC/23/43 and Corr.1); and addressed again the importance of protecting the independence of lawyers and the legal profession (A/71/348). Besides looking into the fundamental role of lawyers in providing access to justice and the right to have access to a lawyer, the Special Rapporteur also looked into the necessary safeguards for the professional functions of lawyers and their security and important aspects of the organization of the legal profession. 4. Special circumstances giving rise to violations of the independence of judges and lawyers and the proper administration of justice Reasons of State and the protection of national security 51. In the first report, the Special Rapporteur declared that restrictions to judicial independence based on “reasons of State”, including national security, should be carefully scrutinized and clear limits established. He noted the importance of avoiding the excessive usage of the prerogatives conferred on governmental authorities (see E/CN.4/1995/39, para. 58). A subsequent mandate holder noted that he would continue paying attention to States where laws allowed the executive to order the detention of persons suspected of conspiring or intending to conspire against national security and to keep them detained without charge or trial, sometimes in secret and even without access to any judicial remedy or to counsel (see E/CN.4/2004/60, para. 55). Counter-terrorism 52. Several reports and jurisprudence from international human rights bodies have underlined the problems that certain anti-terrorism measures may present for judicial independence and the independence of the legal profession. The use of “faceless” judges, secret witnesses and limitations on the presentation and use of evidence are examples of measures that affect the independence of the judiciary, restrict the defendant’s right of due 9