The lawyer warned his client against testifying, but he did it anyway.

In protest, the author's lawyer left the courtroom, stating that he could not represent his client in such circumstances.

On the contrary, it held that the abandonment of a client by a lawyer, outside situations specifically allowed by law, was subject to disciplinary sanctions under applicable regulations.

The author states that the judgement characterized him in public as a swindler, a lawyer who had received payment in advance and had done nothing to defend his client.

As for the conversations which were intercepted because A.T.M.M. was a suspect, thus not involving professional communication between a lawyer and his client, the State party argues that it is unreasonable to expect total impunity for the author and A.T.M.M. on the mere basis that the latter is also a lawyer.

He submits that the practical consequence of the Dutch courts' decisions is that, whenever a lawyer is suspected of a criminal offence and his telephone line is tapped for that reason, his clients can no longer claim the confidentiality of lawyer client relationship or the guarantee of immediate destruction of the records of such telephone taps.

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The Committee has noted the author's argument that clients can no longer rely on the confidentiality of communication with their lawyer, if there is a risk that the content of such communication may be intercepted and used against them, depending on whether or not their lawyer is suspected of having committed a criminal offence, and irrespective of whether this is known to the client.

Although the author contends that the Dutch authorities did not differentiate between counsel client and suspect suspect conversations, since his calls to Mr. A.T.M.M. concerned different matters than the one in which his lawyer was a suspect, he has not substantiated this claim.

While acknowledging the importance of protecting the confidentiality of communication, in particular that relating to communication between lawyer and client, the Committee must also weigh the need for States parties to take effective measures for the prevention and investigation of criminal offences.

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