In Odesa region an advocate was taken to the TCC during the search

15:18 Mon 06.05.24 66 Reviews

An advocate who was performing his duties while providing free legal aid in criminal proceedings was detained and forcibly taken to the territorial center for recruitment and social support.

The fact of violation of the Constitution and guarantees of the practice of law provided for by the Law «On the Bar and Practice of Law» was reported to the Bar Council of Odesa region.

The advocate was in Reni on behalf of the Center for the provision of free secondary legal aid, where he defended persons detained by law enforcement agencies.

During a search of one of the premises, police officers informed him that, by order of the management, the lawyer was supposed to come to the TCC immediately. After refusing, armed men appeared within 10 minutes and forced the advocate into a minibus with hidden license plates and took him to the TCC.

The Bar Council of Odesa Region assessed such actions as a gross violation of the guarantees of the practice of law. We are talking about the relevant subpara. 1, 6 of Part 1 of Article 23 of the Law «On the Bar and Practice of Law». Any interference with or obstruction of the practice of law is prohibited. The life, health, honor and dignity of the advocate and members of his or her family, their property are protected by the state, and encroachments on them entail liability under the law.

«These actions indicate obstruction of the bar in connection with the exercise of its legal profession, which, as a result, restricts the constitutional right to defense and deprives the lawyer of the opportunity to properly perform his professional duties», - the bar self-government body said in a statement. It is reported that upon the lawyer's appeal to the Bar Council of Odesa Region, measures will be taken to respond to violations of the rights and guarantees of the practice of law.

As a reminder, there have already been incidents related to violations of the guarantees of the practice of law by the TCA, including in Odesa region.

Thus, last year, a lawyer providing professional legal assistance arrived at the TCC and CS in Odesa, where the client was undergoing a second military medical examination. However, the center's staff physically prevented the lawyer from seeing the client. Then the UNBA Committee for the Protection of Advocates' Rights and Guarantees of Advocacy sent an appeal to the Ministry of Defense of Ukraine. As a result, the Odesa Regional Territorial Center for Recruitment and Social Support demanded that the heads of the district TCCs exclude cases of violation of the professional rights of advocates from their official activities.

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