Ukrainian authorities should provide defense guarantees for lawyers - ECBA

Advocacy
18:10 Fri 12.05.23 1025 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

The UNBA explained what could undermine the plan to introduce plea agreements

Legislation

The UNBA explained what could undermine the plan to introduce plea agreements

Information regarding who pays whom, how much, and on what grounds under a plea agreement must be made public. However, as long as this information is classified as a state secret or personal data, the court will continue to be able to close proceedings and restrict access to judgments.

10:41 Tue 20.10.26 105
The UNBA and the German Institute for Eastern Law will prepare joint legal opinions

Interaction

The UNBA and the German Institute for Eastern Law will prepare joint legal opinions

Ukrainian advocates and German legal scholars will jointly prepare comparative legal studies, expert opinions, and professional events. The UNBA reached this agreement with the Institute for Eastern European Law in Regensburg, which has been researching the laws of Central and Eastern European countries for nearly 70 years.

17:41 Mon 19.10.26 105
Proceedings against military personnel following AWOL require clear deadlines — UNBA

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.

19:04 Fri 16.10.26 180
A one-time payment or royalties? Students were briefed on changes to copyright agreements

Educational events

A one-time payment or royalties? Students were briefed on changes to copyright agreements

As a general rule, property rights to a work created by an employee are transferred to the employer, but the author retains the right to remuneration. European law requires that this remuneration be based on the actual income generated by the work, rather than being limited to a one-time payment.

13:46 Fri 16.10.26 112
The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture

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.

11:12 Fri 16.10.26 138
Fines for loud exhaust — based on a standardized measurement method — UNBA

Legislation

Fines for loud exhaust — based on a standardized measurement method — UNBA

Measures to combat intentionally loud exhaust noises are justified, especially during wartime. However, as long as the law does not specify which noise standard to apply or how to measure it on the road, this new liability can be neither fair nor effective.

13:53 Thu 15.10.26 126
What should an advocate do if a client is under severe stress?

Educational events

What should an advocate do if a client is under severe stress?

An advocate may encounter a client in a state of acute stress, when the person is looking at the other person but does not see them. Before discussing the case, it is important to bring the client back to reality: establish contact, ask a few questions, and engage their senses.

18:12 Wed 14.10.26 102
Guarantees for advocacy without protective measures: proposed changes to the codes

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.

19:41 Tue 13.10.26 181

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

Оберіть файл