IBA’s BIC supports UNBA: advocates should not be identified with their clients

The International Bar Association's Bar Issues Commission (IBA’s BIC) has sent a letter to the President of the Ukrainian National Bar Association expressing concern over the UNBA's reporting of attacks on the independence of the legal profession and the safety of lawyers in Ukraine.

Earlier, the UNBA informed international partners about specific facts of violations of guarantees of practice of law (identification with clients, persecution for professional activities, violation of attorney-client privilege, searches in offices, pressure from law enforcement officers in connection with representation of certain categories of clients) and drew attention to the fact that this situation has become particularly acute in connection with the armed aggression of the Russian Federation and the consideration of criminal cases against persons associated with the aggressor state.

«These actions would also undermine the rule of law, erode public confidence in the justice system and threaten constitutional guarantees such as the independence of the legal profession, - the Chair of the BIC emphasized in his letter. - Attacks on lawyers, harassment by law enforcement officials, public insults from local authorities, as well as murders of advocates - illustrate the grave risks potentially faced by lawyers in Ukraine simply for performing their professional duties».

Recognizing the efforts of the Ukrainian Bar to uphold these principles and its commitment to protecting the independence and safety of lawyers, the BIC Chair called on the UNBA to continue to systematically record, analyze and respond to potential violations.

After all, according to the UN Basic Principles on the Role of Lawyers (Havana, 1990) lawyers must not be identified with their clients and their affairs in connection with the performance of their professional duties and must be able to carry out their professional duties free from intimidation or undue pressure.

«In a democratic society governed by the rule of law, all individuals, regardless of the allegations against them, must enjoy the right to effective legal defense. Lawyers, in turn, must be protected when fulfilling this indispensable role», - the BIC Chair's letter emphasizes.

«The support expressed by the IBA’s Bar Issues Commission is a clear signal from the international community: protecting the safety and independence of a lawyer is not a privilege, but a basic guarantee of a fair trial. That is why it is unacceptable to identify an advocate with a client, - commented on the document the UNBA, BCU Vice President Valentyn Gvozdiy. - Therefore, we are grateful to the BIC for their solidarity. After all, the steps aimed at ensuring real guarantees of professional activity are important for the Ukrainian Bar, which works in the conditions of war, preserving professional standards and the rule of law».

Established in 1947, the IBA is the world’s leading global legal organization, with more than 80,000 individual members. The IBA’s Bar Issues Commission, which forms part of the wider IBA, comprises over 190 bar associations and law societies from over 170 countries. Part of its mission is to promote, protect and enforce the role of an independent legal profession and the rule of law in the specific interests of its members.

The Ukrainian National Bar Association was unanimously admitted to the IBA in 2015. In the fall of 2022, the UNBA was awarded a special IBA award for its extraordinary leadership and commitment to the protection of human rights and the rule of law in Ukraine.