The UNBA sent a letter to the Council of Europe about violations of advocates’ rights

The Ukrainian National Bar Association sent a letter to Mr Thorbjørn Jagland, Secretary General of the Council of Europe, about violations of advocates’ rights in Ukraine.

"We ask the Council of Europe to intervene in the situation of violations of advocates’ rights in order to help protect fundamental principles of practice of law in Ukraine as well as uphold the rule of law", - stated the letter from Mrs Lydia Izovitova, the UNBA President.

Noting the growth of violations of advocates’ rights and professional guarantees since 2013, the UNBA marked mass searches of advocates on 5 July 2016 as the transition of the practice by the law enforcement agencies to the next level.

"The National Anticorruption Bureau of Ukraine (NABU) became yet another state agency launching a series of investigations jeopardizing the very foundations of due process and rule of law in Ukraine", - stated the  letter.

The UNBA listed violations of legislation on the part of investigative judges, the NABU detectives and anti-corruption prosecutors. It referred to a violation of Article 23 of the Law "On the Bar and Practice of Law", a violation of Article 480 of the Criminal Procedure Code, including the identification of the advocate with his client, interference with the practice of law, which entails criminal liability under Article 397 of the Criminal Code, wiretapping law offices, access to advocates’ dossiers and information considered confidential by the law.

The UNBA pointed to such a worrying sign as intent to conduct further searches of advocates, which was expressed by the NABU Chairman Artem Sytnyk, i.e. further violation of advocates’ rights and professional guarantees.

The UNBA underlined that advocates play a vital role in the administration of justice and in maintaining and defending the rule of law, both of which are essential in a democratic society. Status of advocates was recognized at both European and international level, such as UN Basic Principles of the Role of Lawyers, as well the extensive case law of the European Court of Human Rights. Ethical standards requiring the advocate to keep the professional secrecy are not only the basis of trust in the relationship between the advocate and the client, but also form part of a proper administration of justice and fair trial in accordance with the European Convention of Human Rights.

In respect of violations of advocates’ rights that occurred on 5 July, the UNBA sent a letter to the President of Ukraine, the Prosecutor General, the Speaker of Parliament and members of Parliament with an initiative to create a temporary commission of the Verkhovna Rada. The Prosecutor General supported the UNBA position and confirmed that such violations of advocates’ rights are unacceptable in a democratic society.

The UNBA recalls that the situation of violation of advocates’ rights in Ukraine has become the subject of intervention letters to the State leadership and law enforcement agencies, including the NABU, sent by the Council of Bars and Law Societies of Europe (CCBE) and the International Bar Association. However, the response of the Ukrainian officials was such that the letters were forwarded to the authorities, whose actions were challenged. The NABU also gave a formal response to the international bodies, for which respect for advocates’ rights is one of the key activities.

Full text of the letter in English