fair trial. In this context, the ability of lawyers to carry out their duties freely and independently is not their personal privilege but a privilege granted to their profession on behalf of those they represent. The defence is presently perceived as a chain around the neck of the authorities, which must be prevented from getting in the way. If progress is to be made, it is necessary to start by addressing this frame of mind first before proceeding with adopting and implementing a series of legal amendments that are needed. Confidential access to their clients— who are exposed to violations— throughout all stages of the judicial process, and providing legal advice within the scope of professional ethics without any obstruction or pressure, are basic rights and duties of lawyers. They are guaranteed under national and international law. In this respect, lawyers cannot be criminalized because they carry out their profession and their defence strategies. Interference with work of the defence, including by preventing access to case files at various stages of the investigation and prosecution, exclusion of lawyers from the trial process, restrictions of the right to have confidential and private meetings with arrested or convicted clients, unequal treatment of prosecution and defence in accessing information and documents during investigations, and the practice of hearing anonymous witnesses— which all constitute violations of the right to a fair trial— should be resolved in accordance with the principles set out in Articles 5 and 6 of the European Convention on Human Rights (ECHR),126 Article 14 of the International Covenant on Civil and Political Rights (ICCPR),127 and the UN Basic Principles on the Role of Lawyers.128 In light of this, we make the following recommendations: ■ The legal regulations introduced by the emergency decrees, the Criminal Code, and the Law on the Execution of Sentences and Security Measures should be brought in line with the requirements of international standards. All legal and practical obstacles that keep lawyers from effectively carrying out their profession should be removed, and it should be ensured that law enforcement agents and the prosecution behave responsibly in this regard. The criminalization and maltreatment of lawyers through arbitrary detention, arrest and punishment due to the way they perform their defence duties, as well as the interventions in bar associations need to end; ■ In criminal proceedings, it is essential to concretize whether a crime was committed and it needs to be specified by whom, how and in what way. It is unacceptable to identify lawyers with their clients and to silence the defence by associating them with “terrorist crimes” without any concrete evidence and reasonable suspicion; ■ In light of the October 2020 opinion of the Venice Commission, the 2020 amendments to the Law on Lawyers of 1969, which could lead to further politicization of the legal profession, should be repealed and alternative solutions ensuring a meaningful involvement of the community of lawyers in the discussions should be implemented; and ■ Anti-Terror legislation must be amended and implemented in line with international law, replacing its vague nature that allows exploitation of the law with legal certainty. 126 Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights, as amended) (ECHR) art 5; Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights, as amended) (ECHR) art 6 127 International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171 (ICCPR) art. 14 128 The UN Basic Principles on the Role of Lawyers provide a concise description of international norms relating to the key aspects of the right to independent counsel. The Basic Principles were unanimously adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders in Havana, Cuba on September 7 1990. Subsequently, the UN General Assembly “welcomed” the Basic Principles in their ‘Human rights in the administration of justice’ resolution, in a resolution that was adopted without a vote on December 18 1990 in both the session of the Third Committee and the plenary session of the General Assembly [OHCHR ‘Basic Principles on the Role of Lawyers’ UN Congress on the Prevention of Crime and the Treatment of Offenders 8th Session (07 Dec 1990). 58 A DEFENSELESS DEFENSE CONCLUSION 59