The problems of mobilization in terms of human rights violations were voiced by advocates
Today, there are no effective mechanisms to counteract human rights violations in mobilization. Therefore, lawyers need to join forces and summarize the available facts in order to develop joint responses to the challenges.
This was the opinion of the participants of the round table on «Ensuring the observance of human rights under martial law», which was held at the initiative of the UNBA NextGen.
The speakers discussed the observance of human rights during the detention of a person and his or her delivery to the territorial center for recruitment and social support (TSC). In particular, it was about illegal detention of people not in their places of residence or registration. They also drew attention to the tendency of lawyers not being allowed to visit clients in the premises of the centers, which violates both the lawyer's guarantees and the person's right to legal aid.
Advocate Igor Andreev shared his own experience and successful cases in counteracting illegal registration and illegal attempts to mobilize people by the staff of the TCC who are registered and registered in other regions of Ukraine. He revealed the legal nature of the wanted list through the ARMOR and revealed the mechanism used by the centers' employees. He provided advice on how to avoid conflict situations, and if not, how to counteract forceful detention and beatings.
Advocate Dmytro Bakulin analyzed several cases in court cases where decisions of military medical commissions regarding mobilized persons were canceled, and advocate Victoria Konovalova focused on the importance of updating information about oneself in the MCC, and also explored the nuances of military registration, including for internally displaced persons.
The Committee's regional representative in Khmelnytsky region Andriy Ivanitsky emphasized the importance of raising public awareness of the mobilization and military registration processes, and advocate Alla Filatova noted the interest of her colleagues in the topic of human rights violations in this area. Therefore, the Chairman of the Committee Serhiy Barbashyn proposed to summarize the practice of human rights violations during mobilization activities.
This roundtable was the first of a planned series of events dedicated to human rights violations under martial law.
Popular news
Legislation
A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced
The constitutional guarantees of legal aid, defense, and the independence of advocacy cannot be realized without protecting advocates from unwarranted interference in their professional activities, including searches, the seizure of professional materials and the use of criminal procedural mechanisms to exert pressure.
Abroad
The CCBE is discussing European justice and issues related to the protection of advocates
Today, October 2, a meeting of the Standing Committee of the Council of Bars and Law Societies of Europe (CCBE) is taking place in Brussels. On the agenda are the protection of the advocate profession, the rule of law, attorney-client privilege, and changes in the European justice system.
Rule of Law Roadmap
The UNBA presented the key provisions of the future law on advocacy in Brussels
The Ukrainian National Bar Association presented its proposals for the upcoming law on advocacy, aligned with the Rule of Law Roadmap. The presentation covered topics such as access to the profession, self-governance, disciplinary procedures, professional development and guarantees for the practice of advocacy.
Educational events
Advocates were taught to voice their complaints without making accusations
In a difficult conversation, it’s easy to confuse facts with opinions, feelings with accusations, and requests with demands. How can you express dissatisfaction, explain your own needs, and propose a specific solution while still allowing your conversation partner the opportunity to refuse or suggest an alternative?
Guarantees of the practice of law
Unrestricted access to advocates' accounts poses a risk of client data disclosure — BCU
Information regarding transactions in the bank accounts of an advocate, a law firm, or a bar association from which clients can be identified, as well as the fact and subject matter of a request for legal assistance, the purpose of payments, and the amount of the fee constitutes attorney-client privilege. This rule applies regardless of whether the information also constitutes banking information and is in the possession of a bank.
Guarantees of the practice of law
The contract provides for a video conference, but the court requires in-person appearance: how should an advocate proceed?
Many advocates today work remotely; therefore, their agreements with clients provide for the provision of legal assistance via videoconferencing. However, this form of work does not, in and of itself, create an unconditional obligation for the court to conduct every hearing via videoconference.
Guarantees of the practice of law
Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova
Before the prosecution uses information obtained during covert investigative actions and related to an advocate’s activities, independent procedural oversight must be conducted. It is necessary to determine whether such information is covered by attorney-client privilege and whether it may be disclosed.
Legislation
Handing over a bank card should not automatically constitute a crime – UNBA
Criminal liability for transferring a bank card or access to an account should arise only if it is proven that the person knew the card or account would be used as a means to commit an intentional crime. The mere fact that a payment instrument was transferred or that an account was used by a third party is not sufficient.
Publications
Vasyl Kolishnyi, «Law and Business» Supporting mental health should become part of the professional culture of the Bar, - H. Udovenko
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection
