The UBA conceals information about violations of rights of advocates by law enforcement officials
The Ukrainian Bar Association, which recently reported violations of rights of advocates by law enforcement agencies, refused to provide detailed information for an appropriate response.
In June, this public organization published a statement alleging an increase in cases of interference by law enforcement agencies in the professional activities of lawyers, including: notification of suspicion to lawyers in connection with the provision of legal assistance; wiretapping in the office of a law firm; the detention of a lawyer in a case where he was acting as a defense counsel; searches without a warrant from an investigating judge and without the participation of a representative of the bar association; and the seizure of information carriers containing attorney-client privilege. The statement was widely circulated in the media, and representatives of the legal community pointed to its lack of specifics and political bias.
The Ukrainian National Bar Association, which is legally mandated to protect the professional rights of lawyers and ensure guarantees for the practice of law, appealed to the president of the UBA, Mykola Stetsenko, requesting detailed information about the violators, the lawyers, and the dates and circumstances of the events. However, the UNBA letter was called a request for access to public information by the public organization. Citing the fact that the information is confidential (contains personal data, the disclosure of which to third parties has not been authorized), the UBA refused to comply with the request. At the same time, M. Stetsenko noted that there is sufficient information in the public domain about cases of violations of lawyers' rights that can be used to take legal action.
We are convinced that effective protection of lawyers is only possible if clearly identified information is provided. After all, the mechanisms for recording violations, filing criminal complaints, and appealing to national or international institutions do not allow anonymity. At the same time, restrictions on access to information or unwillingness to provide specific facts (if the dissemination of such information by the UBA was not solely for political purposes) effectively make it impossible to take legal action.
The UNBA once again draws the attention of representatives of the legal community to the need for constructive interaction and coordination of actions in matters of protecting the rights of lawyers. Therefore, we urge everyone who has confirmed facts of violations, regardless of their organizational affiliation, to report them to the UNBA Committee on the Protection of Lawyers’ Rights and Guarantees of Advocacy. Only through a transparent and professional position based on facts can we strengthen the effectiveness of the protection of the advocacy profession as an institution.
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