ICJ report: Lawyers in Ukraine continue to be regularly targeted through the justice system for undue reasons
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 lawyer’s 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
Legislation
Proceedings against military personnel following AWOL require clear deadlines — UNBA
A soldier’s return to duty after AWOL does not necessarily mean the end of criminal proceedings. To ensure that the case does not remain at the pretrial investigation stage, a clear procedure for the investigator and prosecutor is required.
Legislation
The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture
Ukraine’s anti-deforestation rules are intended to preserve export access to the EU market. However, without paper and furniture on the list of goods, without effective sanctions, and with enforcement beginning only in 2030, these rules could hinder that goal.
Guarantees of the practice of law
Guarantees for advocacy without protective measures: proposed changes to the codes
The current law sets forth the rights and guarantees of the legal profession, but lacks the tools to protect them. The future law on advocacy is intended to fill this gap through amendments to criminal, administrative and procedural legislation.
Legislation
A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced
The constitutional guarantees of legal aid, defense, and the independence of advocacy cannot be realized without protecting advocates from unwarranted interference in their professional activities, including searches, the seizure of professional materials and the use of criminal procedural mechanisms to exert pressure.
Discussion
War-related business losses: from documenting damage to seeking sources of compensation
How can businesses document war-related losses without losing evidence during the recovery process? What does an insurance policy actually cover, and where can assets be found for recovery? These are the questions facing businesses for which a court ruling does not yet mean actual compensation.
Abroad
The CCBE is discussing European justice and issues related to the protection of advocates
Today, October 2, a meeting of the Standing Committee of the Council of Bars and Law Societies of Europe (CCBE) is taking place in Brussels. On the agenda are the protection of the advocate profession, the rule of law, attorney-client privilege, and changes in the European justice system.
Rule of Law Roadmap
The UNBA presented the key provisions of the future law on advocacy in Brussels
The Ukrainian National Bar Association presented its proposals for the upcoming law on advocacy, aligned with the Rule of Law Roadmap. The presentation covered topics such as access to the profession, self-governance, disciplinary procedures, professional development and guarantees for the practice of advocacy.
Discussion
First the return of assets, then subsidiary liability — an opinion
In bankruptcy cases, the legal entity’s ability to preserve and restore the financial foundation of its operations requires legal protection. In this regard, the right to solvency in which the legal entity is the aggrieved party should be an independent object of legal protection.
Publications
Vasyl Kolishnyi, «Law and Business» Supporting mental health should become part of the professional culture of the Bar, - H. Udovenko
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection
