Those mobilized in the TCC do not have access to legal aid (document)

When an advocate in Cherkasy region submitted a request to the TCC on behalf of a mobilized client, the TCC claimed that the documents had been forged because the conscript did not have a telephone and was physically unable to sign a contract for legal assistance.

In March, the man applied to the Zvenyhorodsky district TCC for military registration and deferment. He was told that deferment was only possible after appearing in person. However, upon arrival at the TCC, the man was registered, found fit for service, and mobilized.

The advocate with whom a legal aid agreement had been concluded sent a lawyer's request to the TCC. In response, officials claimed that the documents had been forged and even notified the police. As later explained by the regional TCC, the mobilized man «did not leave the premises of the territorial center, did not have free access to electronic and technical means, since his mobile phone was voluntarily left by the citizen with the duty officer for safekeeping, and therefore he was physically unable to sign a contract for legal assistance». They explained their actions by saying that the territory of the TCC and its premises are military facilities, and the dissemination of information about military facilities is prohibited in accordance with Order No. 605 of the Ministry of defense of Ukraine dated October 17, 2023.

The Zvenyhorod district police department of the main directorate of the National Police in the Cherkasy region looked into the claim about a possible forged signature, but since there wasn't enough evidence of a crime, they didn't find any grounds to start a criminal case.

In connection with the facts of interference in his professional activities, the advocate appealed to the Ukrainian National Bar Association. In particular, he reported that on the day of his client's mobilization, he was illegally deprived of his mobile phone and freedom of movement, which made it impossible to communicate quickly.

The Committee for the protection of lawyers' rights and guarantees of advocacy proceeded from the assumption that the Law «On Advocacy and Advocacy» expressly prohibits any actions that could be regarded as obstruction of legal assistance. It is the duty of the state to create conditions for its provision, regardless of the situation in which the client finds himself.

Particularly unacceptable are the facts of identifying the advocate with the client, publicly accusing them of abuse of rights without decisions of competent authorities, and ignoring the duty of state bodies to provide advocates with information in accordance with applicable law.

Therefore, the UNBA Committee concluded that the actions of the district TCC officials contain signs of two crimes: obstruction of the lawful activities of a lawyer (Article 397 of the Criminal Code) and knowingly false reporting of a crime (Article 383 of the Criminal Code).

In this regard, the UNBA appealed to the Ministry of defense and the TCC with demands to conduct an internal investigation into the actions of officials, provide a legal assessment of the facts of the unfounded accusations against the advocate, respond to the lawyer's request on its merits, and provide clarification on compliance with guarantees for the practice of law and the prevention of similar violations in the future.