The Ukrainian National Bar Association became a signatory of the Resolution on the need for transparency in the awarding and application of the death penalty
The Ukrainian National Bar Association is one of 53 Bar Associations from around the world which signed a resolution on the need for transparency in the awarding and application of the death penalty. The draft resolution was presented during the 8th World Congress against the Death Penalty, which occurred on November 15-18, 2022, in Berlin. The event brought together more than 1,000 participants from 90 countries - human rights defenders and public figures working to abolish the death penalty. The congress was organized by the partners of the Council of Europe: the Paris-based NGO "Together Against the Death Penalty" and the World Coalition Against the Death Penalty.
During the event, participants will have a unique opportunity to exchange views on furthering the abolition of the death penalty and opposing any attempts to restore the death penalty where it has already been abolished. Considerable attention was also paid to the lawyers' problems in defending persons sentenced to the death penalty.
Among the reasons for the need to adopt such a resolution, in particular, the following:
- despite the growing number of abolitionist states, some countries do not provide official information about their use of the death penalty, considering such information a state secret. Disclosure of a state secret is recognized in such countries as an act of treason;
- in some countries, death sentences are carried out secretly, without prior notification of the parents of the condemned, their lawyers, and sometimes even the condemned themselves;
- showing transparency in the issuing and execution of the death sentence has direct implications for the maintenance of human rights, both for those facing the death penalty and for others;
- without transparency, it is impossible to ensure the humane treatment of persons who are in custody and awaiting the execution of the death sentence and to provide them with proper procedural and legal protection under the applicable international law;
- showing transparency in the imposition and execution of the death sentence limits the ability of lawyers to fully perform their professional duties in the best interests of their clients facing the death penalty.
The signatories of the Resolution are convinced that the bar and professional organizations of lawyers have a key role in defending the idea of the need to abolish the death penalty and introduce a moratorium on this measure of punishment, as well as a role in protecting the rights to a fair trial.
The purpose of this Resolution is to call on bar associations and professional organizations of lawyers of all countries (both abolitionists and supporters of the preservation of the death penalty) to:
- upholding respect for transparency in states that retain the death penalty, data relating to the imposition and application of the death penalty, in particular on persons sentenced to death and executed, the crimes for which they were convicted, the method of execution, and the attack. , when amnesty or pardon was applied to them;
- advocacy for the right to a fair trial and due process of law for all persons facing the death penalty, without discrimination, including a human rights defender's regular access to his client and all evidence against him;
- participation in the international defense of the ideas of transparency in the issuance and execution of death sentences and their abolition throughout the world.
Popular news
Rule of Law Roadmap
The UNBA is developing a model for reforming the legal profession
The reform of the advocacy profession is part of the negotiation process regarding Ukraine’s accession to the European Union, and the Rule of Law Roadmap explicitly identifies the Ukrainian National Bar Association as one of the key stakeholders in the process.
Guarantees of the practice of law
Police to investigate the NACP's attempts to reform advocacy
The Office of the Prosecutor General has opened a criminal investigation into alleged abuse of power by employees of the National Agency for Corruption Prevention.
Interaction
The UNBA and the Council of Judges of Ukraine are expanding their professional dialogue
On April 24, a working meeting was held between the President of the UNBA, BCU Lidiya Izovitova and the Chairman of the Council of Judges of Ukraine Vitaliy Salikhov. Topics discussed included formats for cooperation between bar and judicial self-governing bodies, the development of joint ethical standards, and the formation of a Selection Committee for the recruitment of members of the High Council of Justice.
Legal defence of military personnel
The model for legal assistance to veterans was discussed at the UNBA
A working meeting was held at the Ukrainian National Bar Association, during which representatives of the advocacy profession, the Ministry of Veterans Affairs of Ukraine and a foreign expert discussed approaches to providing legal aid to veterans, the role of the advocacy profession in this system, and the experience of other countries.
Guarantees of the practice of law
The CJU has endorsed guarantees of the legal profession’s independence and has proposed a meeting with the BCU
The Council of Judges of Ukraine has responded to a letter from the Bar Council of Ukraine regarding the inadmissibility of the High Council of Justice granting immunity to a member of the High Council of Justice — a privilege not provided for by law — as well as regarding violations of constitutional guarantees of the independence of the legal profession and attorney-client privilege.
Interaction
The UNBA and the Ministry of Veterans are expanding their cooperation
War veterans, their family members, as well as the family members of fallen Defenders of Ukraine are to receive improved access to professional legal assistance and additional opportunities for independent legal protection.
Legislation
Advocates have warned that the draft Labor Code would curtail workers' protections
Certain provisions of the draft Labor Code of Ukraine regarding collective labor disputes undermine labor protections and do not comply with constitutional and international standards.
Appointment
The UNBA will develop professional standards for advocates
The Ukrainian National Bar Association has established a Committee on Standards of the Legal Profession, whose work will focus on developing uniform approaches to the professional duties of advocates, competency requirements, continuing education, and the protection of attorney-client privilege.
Publications
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
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates