A/HRC/35/31 lawyers in ensuring the efficient functioning of democracy and the enjoyment of human rights must be kept in mind. 88. However, lawyers can perform their professional functions without interference and impediments only if their independence is safeguarded. As expressed in the Basic Principles, States have a key role to play as guarantors of their independence and security. 89. Of particular importance is the duty of States to ensure the right to a fair trial and the respect for the presumption of innocence. The role of lawyers is crucial to assure this pillar of democracy, and States should foster an enabling environment to ensure that they can carry out their work impartially, objectively and professionally, without any external pressure or identification with their client’s behaviour, activities or opinions. The Special Rapporteur takes note of the existing barriers and threats faced by lawyers around the world and will analyse this issue in future reports. Role of bar associations 90. According to principle 23 of the Basic Principles on the Role of Lawyers, as citizens, lawyers are entitled to freedom of expression, belief, association and assembly. Moreover, principle 24 expressly establishes that lawyers are entitled to form and join selfgoverning professional associations to represent their interests, promote their continuing education and training and protect their professional integrity. 91. Taking the Basic Principles as reference, bar associations should assume the functions of upholding professional standards and ethics, protecting their members, providing legal services and cooperating with governmental and other institutions in furthering the ends of justice and the public interest. 92. The Basic Principles also refer to the independence of the legal profession and disciplinary proceedings (see in particular principles 26-29) as basic elements of the role of lawyers. Bar associations and lawyers’ organizations provide the perfect platform for ensuring and defending the independence of lawyers and addressing allegations of interference through the collective action of its members. They are also responsible for ensuring that the work conducted under their umbrella is performed in accordance with the professional and ethical standards established by the bar associations. Principle 23 of the Basic Principles stipulate that lawyers shall always conduct themselves in accordance with the law and the recognized standards and ethics of the legal profession. 93. Professional organizations and/or bar associations are the institutions responsible for protecting professional integrity and enforcing disciplinary measures. Such proceedings should be transparent, impartial, fair and objective. As the Special Rapporteur has stated, such an organization would not only provide a mechanism of protection for its members against undue interference in their legal work, but also monitor and report on their members’ conduct, ensuring their accountability and applying disciplinary measures in a fair and consistent manner (see A/HRC/23/43/Add.3, para. 87). 4. Restrictions to the right to a fair trial and due process of law before an independent, impartial and competent tribunal Role of judges and lawyers with regard to pretrial detention and arbitrary detentions 94. It is the task of an independent judiciary to guarantee the enjoyment of the right not to be arbitrarily deprived of one’s liberty. International human rights law establishes strict limits on the power of States to deprive human beings of personal liberty. The International Covenant on Civil and Political Rights establishes the prohibition of arbitrary arrest and detention. In a State that abides by human rights standards the infringement of these tenets can involve criminal and civil proceedings. 95. According to article 9 (3) of the International Covenant, anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him and, if detained on a criminal charge, the detainee shall be brought promptly before a judge or other officer authorized by law to exercise judicial power. 15