Ukrainian authorities should provide defense guarantees for lawyers - ECBA

Advocacy
18:10 Fri 12.05.23 792 Reviews
Print

The prohibition of identification of an advocate with a client must be enforced under any circumstances, regardless of the category of cases. Ensuring this guarantee of the legal profession is a positive obligation of each state.

This is stated in the resolution adopted on May 6 by the European Criminal Bar Association (ECBA) following the discussion of the legal consequences of the war in Ukraine.

"Sharing the indignation of all conscious citizens at the facts of massive war crimes and crimes against humanity, we emphasize that even in such circumstances, the rule of law must be respected," the document says. - We congratulate our colleagues at the Ukrainian National Bar Association for their commitment to protecting the right to a fair trial, no matter how heinous the crimes charged against their clients. Such a position is courageous because, against the backdrop of the aggressor's actions, it is unpopular and often challenging to understand."

The European lawyers reminded me that the highest calling of the legal profession is to ensure that all people, regardless of the severity of the charges against them, receive a fair trial without intimidation or bias.

Instead, the ECBA noted, today's trials in Ukraine are accompanied by pressure on lawyers from society, politicians, and law enforcement agencies. This includes not only physical attacks or intimidation but also attempts to impede the provision of qualified defense, for example, by forcing the termination of contracts, particularly in the free legal aid system.

"We are witnessing numerous searches of Ukrainian lawyers, which have signs of persecution and harassment. This is a global problem that threatens the independence of the profession, which cannot be justified even under martial law," the resolution states.

According to paragraph 18 of the Basic Principles on the Role of Lawyers, adopted by the VIII United Nations Congress on the Prevention of Crime on August 1, 1990, lawyers should not be identified with clients and their cases concerning the performance of their professional duties.

The rule of prohibition of identification with a client, the document emphasizes, must be observed under any circumstances, regardless of the category of cases (traitors, prisoners of war, collaborators, etc.). At the same time, ensuring this guarantee of the legal profession is a positive obligation of each state.

Therefore, the ECBA called on the Ukrainian authorities to ensure the protection of lawyers and on the Prosecutor General's Office and law enforcement agencies to take measures to stop any acts of interference with their professional activities, condemn attempts to exert pressure, and impartially and effectively investigate all attacks on lawyers.

As a reminder, the systemic facts of obstruction of professional activity, violation of the rights and guarantees of the legal profession became the basis for convening an extraordinary meeting of the Bar Council of Ukraine on April 11. This issue was also discussed on April 27 during a roundtable organized by the Ukrainian National Bar Association.

For reference: The European Criminal Bar Association (ECBA) is an association whose members are independent lawyers from the member states of the European Union and the Council of Europe, as well as from other countries.

The Association was founded in 1992 and has since become the leading organization of lawyers in Europe. It brings together criminal defense lawyers and criminal law experts in Europe who defend the fundamental rights of persons under investigation, suspects, accused, and convicted persons.

Popular news

Why lowering the age of marriage lacks legal logic

Discussion

Why lowering the age of marriage lacks legal logic

Although until 2012 there was a provision in family law that allowed children to marry from the age of 14 under certain circumstances, its return to Ukrainian law would contradict international obligations and the logic of criminal law.

15:03 Wed 11.02.26 179
A report on Ukrainian advocacy was presented in the European Parliament

Self-government

A report on Ukrainian advocacy was presented in the European Parliament

Can a shadow report on advocacy replace the political framework of the Roadmap on the rule of law with demands for the restructuring of self-government? Where is the line between accountability and the seizure of institutions? And how can we respond to narratives with data rather than impressions?

15:28 Fri 06.02.26 216
Proceedings opened following attack on advocate in Dnipro

Guarantees of the practice of law

Proceedings opened following attack on advocate in Dnipro

The Committee for the protection of advocates' rights and guarantees of legal practice of the UNBA appealed to law enforcement agencies in connection with an advocate's report of an attack while performing his professional duties. The information was entered into the Unified Register of Pre-trial Investigations and a pre-trial investigation was initiated.

15:53 Wed 04.02.26 225
«With us — to Europe»: Italian advocacy supports UNBA initiatives

Interaction

«With us — to Europe»: Italian advocacy supports UNBA initiatives

On January 30, a meeting was held in Rome between a delegation from the Ukrainian National Bar Association and the National Bar Council of Italy (Consiglio Nazionale Forense, CNF) on the standards and practices of the legal profession and their significance for Ukraine's European integration process.

14:07 Mon 02.02.26 113
France confirms cooperation with UNBA on reforms in the field of the rule of law

Interaction

France confirms cooperation with UNBA on reforms in the field of the rule of law

On January 29, a working meeting between representatives of the Ukrainian National Bar Association and the French National Bar Council (Conseil National des Barreaux, CNB) took place in Paris.

20:47 Fri 30.01.26 114
UNBA office opens in EU capital

Abroad

UNBA office opens in EU capital

To strengthen the institutional presence of the Ukrainian advocacy community at the European level, an office of the Ukrainian National Bar Association has been opened in Brussels (Belgium), which will serve as a permanent platform for dialogue with European partners.

18:21 Thu 29.01.26 171
UNBA and BRAK discussed European integration priorities and regulation of the profession

Interaction

UNBA and BRAK discussed European integration priorities and regulation of the profession

On January 26, a meeting was held between representatives of the Ukrainian National Bar Association and the German Federal Bar Association (Bundesrechtsanwaltskammer, BRAK).

18:19 Tue 27.01.26 129
The President was urged to sign the law on strengthening guarantees for advocacy activities

Guarantees of the practice of law

The President was urged to sign the law on strengthening guarantees for advocacy activities

The professional community of advocates called on Ukrainian President Volodymyr Zelenskyy to sign Law No. 4547-IX, which strengthens guarantees for advocates' activities, in particular by introducing liability for identifying an advocate with a client.

13:06 Tue 27.01.26 138

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

Оберіть файл