Attempts to discredit advocates go beyond freedom of speech — IBA and UNBA meeting

On September 17, as part of his working visit to Ukraine, Mark Ellis, Executive director of the International Bar Association (IBA), visited the Ukrainian National Bar Association, where a working meeting was held on ensuring guarantees for the practice of law in Ukraine.

The discussion focused on Law No. 4547-IX of July 16, 2025, which introduces administrative liability for publicly identifying an advocate with their client.

«Identification is prohibited by the relevant Law «On the advocacy and the practice of advocacy» and the Council of Europe Convention on the protection of the profession of advocate, so it is extremely important to sign Law No. 4547-IX, as it introduces a specific mechanism of liability, regardless of who deliberately identifies an advocate with their clients», - recalled Vadym Krasnyk, the head of the Secretariat of the UNBA, BCU.

At the same time, there has been significant opposition to the document. Representatives of grant-making organizations are trying to convince the President's Office that the law restricts freedom of speech. The UNBA refutes these claims and emphasizes that it is aimed solely at preventing manipulation that jeopardizes the right to defense. That is why the Bar Council of Ukraine has appealed to the President to sign the law. This will be a key step in strengthening the guarantees of the profession.

Specific examples of persecution of advocates were cited by Yevheniy Solodko, the chairman of the UNBA Committee for the protection of advocates' rights and guarantees of legal practice. He recalled that mass cases were recorded as early as 2016–2019, when cases against former state leaders and individuals accused of war crimes were brought before the courts. The murder of advocate Yuriy Grabovskiy, who defended Russian military personnel, became a symbol of this period.

According to the Committee, in 2022, there were 59 reports of violations of advocates' rights, in 2023 — 98, and in 2024 — 86. In the incomplete year of 2025, about a hundred complaints have already been recorded. Y. Solodko emphasized that the increase in the number of proceedings and their complexity directly affect the level of pressure.

The head of the UNBA Committee also cited the example of advocate Igor Sinchenko, who defended a former deputy of the Autonomous Republic of Crimea. In court, the lawyer was met by a group of 15-20 people who called themselves activists. They called the advocate a traitor to the state, threatened him, and promised to «take him to the cemetery». The threats were repeated in electronic messages, and the advocate himself ended up in the hospital with a heart attack.

Many colleagues refuse to defend cases involving war crimes for fear of being identified with their clients, Y. Solodko noted. In the case of the deputy, several advocates refused to defend I. Sinchenko precisely because of the threats. Pressure was exerted on foreign advocates who also participated in the case, demanding that they be removed from the Unified Register of Advocates of Ukraine.

Separately, the chairman of the relevant Committee recalled the case of the first Russian soldier convicted of a war crime in the Sumy region and later exchanged for Ukrainian prisoners of war. The defense in the criminal case was formal in nature, which drew criticism from international observers. This practice discredits Ukraine: formal defense does not meet the standards of justice, and active defense results in pressure and threats to the life and health of advocates.

Mark Ellis, Executive director of the IBA asked his Ukrainian colleagues to provide materials on these and other similar documented cases of persecution of advocates who defended persons accused of war crimes. In his opinion, these examples can be used in international advocacy to emphasize the inadmissibility of identifying an advocate with their client.

Ellis noted that a similar problem exists in other jurisdictions. «If an advocate defends a person who is perceived by the public as bad, that advocate automatically becomes bad too. This is nothing new; it happens all over the world», - he said.

However, the Ukrainian situation is characterized by organized pressure. And freedom of speech has its limits. «In many jurisdictions, threats to the life and health of those involved in a case or in court end where the rights of others begin, - noted Executive director of the IBA. - That is, their right to freedom of expression ends where they begin to threaten».

After all, in such cases, it is not a matter of public criticism, but of the actual deprivation of the defendant's right to defense. In this regard, Ellis recalled that during his first visit to Ukraine, he emphasized the need to comply with international standards during the criminal prosecution of war crimes in Ukraine. «Almost three years ago, we, together with the IBA and the Ukrainian National Bar Association, held several webinars on issues of accountability for war crimes, - he said. - Then, as now, I insist that advocates must be protected, especially in such cases, given the significance of these cases. I also continue to insist that the legacy of this war for Ukraine will be the rule of law and due process in the trial of war criminals».

Executive director of the IBA proposed another meeting between the IBA and the UNBA to discuss the collected materials. It should become a platform for developing practical recommendations and a common position of the international community.

The meeting confirmed that the problem of identifying advocates with their clients is systemic and requires a comprehensive solution. Law No. 4547-IX establishes a tool for administrative responsibility, and its signing by the President will signal a real political will to protect advocacy.

At the same time, Ukraine should accede to the Council of Europe Convention on the protection of the profession of advocate, which establishes standards for the profession at the international level. The UNBA has already secured the support of the relevant parliamentary Committee and the Ministry of Justice.

The IBA, in turn, has confirmed its readiness to collect facts, disseminate them internationally, and participate in the search for solutions. Thus, the Ukrainian advocacy has an important ally in the fight against violations of guarantees for the practice of law, which pose a threat not only to the profession but also to fair justice in Ukraine.