From discussion to action: UNBA Committees visited the TDC in Irpin

Committees of the UNBA conducted a field visit to Police Station No. 2 of the Bucha District Police Department and Temporary Detention Center No. 6 in the city of Irpin. The event was a continuation of the discussion regarding the denial of advocates’ access to their clients in TDC.

The visit took place on May 29 with the participation of representatives of the UNBA Committee on the protection of advocates’ rights and guarantees of legal practice and the Committee on human rights.

It was organized following the roundtable discussion «The systemic problem of denying defense attorneys access to their clients in TDC: analysis of practice and solutions», which took place on March 24, 2026, at the UNBA with the participation of representatives from the Department of General Inspection and Human Rights Compliance of the National Police of Ukraine. A representative of the Commissioner for the Right to Fair Justice and Representation in the Constitutional Court of Ukraine Andriy Ovsienko joined the visit. During the discussion, participants highlighted practical discrepancies in the application of the provisions of the Criminal Procedure Code and internal departmental procedures. In a number of cases, such discrepancies can complicate the realization of a detained person’s right to defense and an advocate’s access to their client. The discussion also covered appeals to the investigating judge under Article 206 of the CPC, judicial practice regarding appeals against the denial of defense counsel access, internal procedures for police response to such cases, as well as the need to unify practices.

During the field visit, Committee representatives familiarized themselves with the unit’s operations and the procedures for ensuring advocates’ access to individuals held in TDC. In particular, attention was focused on procedures for granting an advocate access to a client, organizing communication between the advocate and unit staff, as well as the conditions for exercising the right to a confidential meeting.

The purpose of this format was to examine how procedures established by law are applied in the actual operations of the police and TDC. This allows for a more precise identification of organizational and legal issues that may affect the implementation of guarantees for legal practice.

«An advocate’s access to a client after detention is one of the key guarantees of the right to defense. Therefore, the practice of applying the provisions of the CPC and departmental regulations must be uniform, predictable, and understandable for both advocates and law enforcement officers», - commented a member of the UNBA Committee on human rights Bohdan Hlyadik on the results of the visit.

The results of such field visits can be used to prepare general proposals and recommendations for standardizing practice. This will help reduce conflicts during advocates’ access to clients in temporary detention facilities and improve compliance with the guarantees of the right to defense.

As a reminder, the Bar Council of Ukraine examined the issues surrounding advocates’ visits with convicts during its meeting on May 6, 2025. At the same time, the issue of unimpeded and confidential communication between an advocate and a client arises not only in penal institutions but also in the operation of temporary detention facilities. The UNBA Committee on human rights has repeatedly addressed the competent authorities with letters regarding the need to ensure such access.

«It was important for us not to limit ourselves to correspondence or general discussion of the problem, but to see how these procedures work on the ground. Therefore, the recent visit by advocates to the Irpin temporary detention facility was the result of the Committee’s prior work: we were invited to the facility, shown how the process is organized, given an explanation of the procedures, and informed about the steps already being taken to address the issues, - commented chairman of the UNBA Committee on human rights Hanna Kolesnik. - It is precisely this format of dialogue that allows us to move from identifying problems to their practical resolution».