Ombudsman calls for a firm response to violence against advocates

Every instance of obstruction of an advocate’s lawful activities, use of physical force, delaying an investigation, or concealment of evidence must be subject to a proper legal assessment. The state is obligated to ensure that the right to a defense is a genuine guarantee.

This was stated by the Ukrainian Parliament Commissioner for Human Rights Dmytro Lubinets who called on the competent authorities to respond decisively to violations of advocates’ professional rights.

The statement was prompted by the case of a lawyer who, on March 15, 2025, sustained serious injuries while providing pro bono legal assistance to a client at the Kyiv District TCC for Legal Aid and Social Protection in Kharkiv. After being hospitalized, the woman underwent surgery, prolonged treatment, and rehabilitation. She was subsequently assigned a Group III disability status.

The advocate filed a report with law enforcement authorities alleging a criminal offense. However, more than a year later, the person who caused bodily harm to the advocate had still not been identified. TCC employees were not questioned, nor were any surveillance camera recordings obtained.

Some of the necessary investigative steps were taken only after the court intervened. Due to concerns about a potentially inadequate investigation, the State Bureau of Investigations opened a separate criminal case regarding possible official negligence on the part of police officers.

However, having failed to secure an effective investigation at the national level, the advocate appealed to the European Court of Human Rights.

«A year of waiting is not justice. A person who reports a crime should receive an effective investigation, not silence, inaction, and endless waiting», - emphasized D. Lubinets.

The incident was also reviewed by the UNBA. At a meeting on July 8, 2025, the UNBA’s Committee on the protection of advocates’ rights and guarantees of legal practice discussed cases of physical force used against advocates at Kharkiv TCCs, denial of access to clients, and delays in investigations. The Committee reported that advocates were denied access to clients even when acting under assignments from the free legal aid system. In some cases, female advocates sustained injuries; however, investigative proceedings were delayed, no one was notified of any suspicions, and the victims’ access to justice was effectively blocked.

According to data from the Committee for the protection of advocates’ rights under the Kharkiv Regional Bar Association, cited by the Ombudsman, 17 cases of physical force used against advocates were recorded between 2025 and 2026. In a number of cases, psychological pressure and threats of mobilization were also reported.

D. Lubinets emphasized that instances of obstruction of an advocate’s lawful activities require a swift response from the state. «I demand a principled response from all competent authorities in Ukraine. Every instance of obstruction of an advocate’s lawful activities, use of physical force, delaying an investigation, or concealment of evidence must receive a proper legal assessment. The state is obligated to prove that the right to a defense in Ukraine is not merely a declaration but a real guarantee», - he noted.

«If a person enters a government agency with an advocate’s license and leaves as a person with a disability, this must not only be condemned by society but also elicit a swift, principled, and irreversible response from the state. Otherwise, anyone could be the next to lose their right to a defense!», - the Ombudsman concluded.