Mobilizing an advocate to obstruct activities is a crime – UNBA

The Ukrainian National Bar Association has appealed to the Office of the Prosecutor General with a statement about crimes committed in connection with the events surrounding the mobilization of an advocate. He was detained while performing his professional duties, held without explanation, beaten, and sent to a military unit, despite his current deferment from service.

We remind you that the advocate, who specialized in defending the rights of former police officers, was detained on July 21 at the district police station while reviewing the materials of official investigations at the request of the advocate. TCC employees blocked his exit, demanded his military registration documents, and, despite the provision of a certificate of deferment from mobilization, forcibly took him to the territorial center.

At the TCC, the advocate was detained for several hours without explanation, and they refused to give the reasons for his detention. He called the Ministry of Defense's government hotline and called the police, but there was no response. In the evening, he was asked to undergo a military medical examination. The advocate later learned that the TCC had issued a protocol decision to cancel the deferral on the same day.

When the advocate refused to go to the military unit without documents and explanations, his phone was taken away and he was struck several times in the back and face. On the way, an ambulance was called, which took him to the hospital. Doctors diagnosed a broken rib, chest contusion, and other injuries. The man's phone was returned only the next day, after he was officially enrolled in the military unit. After that, the advocate appealed to the UNBA for protection (more details about the circumstances of the incident can be found here).

The UNBA considered the events to be a gross violation of the guarantees of legal practice. The specialized Committee for the protection of advocates' rights emphasized that the advocate was performing his professional duties, acting within the law and on the basis of relevant agreements on the provision of legal assistance to clients. Obstructing his work, forcibly detaining him, and using physical violence are contrary to the guarantees of advocate independence enshrined in law.

The association noted that, in accordance with Article 23 of the Law «On the advocacy and the practice of law», the professional rights, honor, and dignity of advocates are guaranteed and protected by the Constitution and laws of Ukraine. Any interference in the practice of law is prohibited, and the life and health of advocates are under special protection by the state.

In view of this, the UNBA filed a statement with the Office of the Prosecutor General regarding criminal offenses against an advocate. The document states that the actions of police officers and the TCC and SP show signs of a number of crimes: obstruction of the practice of law (Article 397 of the Criminal Code), unlawful deprivation of liberty (Article 146 of the Criminal Code), unlawful detention (Article 371 of the Criminal Code), interference with electronic systems (Article 361 of the Criminal Code), and intentional infliction of moderate bodily harm (Article 122 of the Criminal Code).

The prosecution authorities are required to enter the information in the Unified Register of Pre-trial Investigations, initiate a pre-trial investigation, and inform about its commencement in accordance with the procedure established by law.