ICJ report: Lawyers in Ukraine continue to be regularly targeted through the justice system for undue reasons

Advocacy
17:45 Wed 13.05.20 495 Reviews
Print

Lawyers in Ukraine continue to be regularly targeted through the justice system for undue reasons. They continue to be identified with their clients, facing negative consequences not only at the hands of violent extremist right-wing radical groups, but also as a result of abuse of legal proceedings against them.

This is stated in particular in the report of the International Commission of Jurists (ICJ) called «Between the Rock and the Anvil: Lawyers under Attack in Ukraine» issued following ICJ one-week mission to Ukraine from 4 to 8 March 2019 to assess the situation of security and independence of lawyers.

The report presents conclusions and recommendations on the safety of lawyers, murders, harassment of lawyers through the use of legal mechanisms, problems faced by lawyers in defending human rights, independence and reform of the bar in Ukraine, the work of lawyers in uncontrolled territories.

The ICJ, in particular, noted that the conflict of 2014 has significantly affected the justice system and individual lawyers have found themselves at the front-line of the conflict or its ideological aftermath in one form or another. While not every lawyers work was affected, those who work on politically sensitive cases have faced attacks and harassment, and in some cases have been killed This cannot but send a strong signal to all lawyers of the consequences they may face for a zealous defence of the clients and has a chilling effect on work of the legal profession.

The report stressed that political endorsement of violent extreme right-wing groups operating in the name of patriotism has resulted in weakening of the rule of law and a significant level of impunity for carrying out attacks on lawyers. Not only lawyers, but judges as well as the justice system as a whole have been undermined by the regular and frequent attacks and impunity for them. Lawyers have often been left alone and without effective legal recourse against groups who intimidate, threaten, attack or otherwise harass them and interfere with their professional activity. The greatest irreparable consequences of such attacks are killings of lawyers for which the perpetrators have not been brought to justice.

The ICJ acknowledged and commended that the UNBA plays an active role in monitoring these cases, though little has been done to speedily and fully investigate them.

We recall that in March 2019, the UNBA leadership met with a delegation of the International Commission of Jurists during their mission in Ukraine. The topic of the meeting was the observance of the rights of lawyers in Ukraine. In this regard, the reasons for the appearance of the draft law  No. 9055 «On the Bar and Legal Practice» were discussed, as well as the threats to lawyers to provide effective protection, provide legal assistance to all citizens of Ukraine, the existence of independent legal self-government.

Popular news

Advocacy

FLA needs urgent help, - Valentyn Gvozdiy

Twelve years of existence of the free legal aid system in Ukraine is enough to understand the inability of the Ministry of Justice to effectively manage this area.

17:23 Fri 29.03.24 111

Advocacy

The Ombudsman is concerned about the state of the FLA system

The Secretariat of the Ukrainian Parliament Commissioner for Human Rights is ready to join the development of proposals for amendments to the legal acts developed by the Ukrainian National Bar Association that will improve the functioning of the free legal aid system.

19:27 Thu 28.03.24 114

Advocacy

Ombudsman to provide legal aid with support of UNBA - pilot project

The Office of the Ukrainian Parliament Commissioner for Human Rights has launched a pilot project to provide professional legal aid to citizens in five regions of Ukraine.

11:58 Tue 26.03.24 107

Advocacy

Another model should be introduced for the FLA system, - Lidiya Izovitova

Monitoring of the current state of functioning of the legal aid system shows the existence of significant and conceptual problems in the implementation of this assistance in Ukraine.

12:32 Tue 19.03.24 153

Advocacy

Violation of media guarantees of advocacy is being studied by the UNBA

An open appeal of the Ukrainian National Bar Association's Committee on Information Policy and Interaction with the Mass Media to the advocates.

18:48 Mon 04.03.24 163

Advocacy

Lawyers are offered to be booked - amendments to draft law No. 10449

In their amendments to the draft law on strengthening mobilization, MPs propose to provide for the booking of lawyers. The goal is to prevent disruptions of court hearings.

13:48 Fri 01.03.24 180

Advocacy

E-Court failures violate constitutional guarantees – UNBA

In recent days, the Ukrainian National Bar Association has received numerous reports from lawyers about technical failures in the operation of the Electronic Court subsystem. In particular, the complaints relate to the inability to log in to the electronic office, which restricts advocates in exercising their procedural rights, in particular, to submit documents and participate in court hearings in the videoconference mode.

18:05 Thu 29.02.24 188

Advocacy

Fixed fee: time of work is important for reimbursement of attorney's fees – SC

The procedure for calculating the hourly fee differs from the fixed fee, which does not take into account the actual time spent. However, in both cases, they are taken into account when deciding on the reimbursement of legal aid expenses.

13:22 Thu 29.02.24 178

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл