FBE HUMAN RIGHTS COMMISSION – WIRETAPS

17.05.2021

Recently, the Italian medias have been released news about wiretaps involving lawyers, while they were talking with their clients or consultants, during the preliminary investigations leaded by one of Italian Public Prosecutor’s Office.

The facts that have occurred, as reported by the press and confirmed by the Institutions, must be investigated with determination.

In whole Europe, anyway, we are observing increasing limitations of Lawyers’ rights, sacrificed on the altar of security at all costs.

 The secrecy of communications between lawyer and client, which is one of the pillars of the right of defence, guaranteed by the fundamental principle by the European Union, cannot be profaned.

The lawyers must carry out their job, defending and representing the client, because they are the full holders of the rights attributed to them by Art. 6 of the ECHR and Art. 47 and 48 of the Charter of Fundamental Rights, as broadly and freely as possible.

In order to fully carry out his mandate, the lawyers must be free to talk with their clients and their consultant in absolute freedom, i.e. without their conversations being, even indirectly, subject to wiretapes.

In a procedural system (which should be) based on the principle of equality between the defence and the prosecution, it is unacceptable that the defensive strategy developed by the Defender in the conversations with the client or his consultants can be “picked up” by his procedural counterpart. 

The FBE, worried about this increasing issues in whole Europe, supports the respect of Rule of Law and calls for Governments  nad responsible institutions intervention to stigmatise these behaviours and to promote respect for the European Convention on Human Rights.

 

Text prepared by

Mr Michele Calantropo, FBE HRC MEMBER