UNBA Committee reviews new cases of violence against advocates in TCC

New facts of physical violence, obstruction of access to clients, as well as sabotage of investigations in cases involving lawyers were considered by the UNBA Committee on the Protection of Lawyers' Rights and Guarantees of the Legal Profession during its last meeting.

Participants cited specific examples from Kharkiv and Kyiv, and the Committee identified ways to respond.

One of the most high-profile cases involved an advocate who arrived at a Kharkiv clinic to assist a client who had been removed from the military register. The advocate was forcibly removed from the premises, beaten, and had his phone confiscated. His client was subsequently illegally detained on the premises. After threats and humiliation, the man jumped out of a window. He survived but suffered serious injuries. Despite a statement to the police, the case is not being properly investigated.

Other lawyers from Kharkiv reported numerous cases where they were denied access to their clients at the TCC, even on the instructions of the free legal aid system. Some were injured as a result of physical confrontation: one lawyer had her arm broken by a door, another was kicked in the legs and then forcibly pushed out of the Temporary Commission. In both cases, there was a delay in the investigation, no charges were brought, and access to justice was effectively blocked.

More than ten separate stories were heard at the meeting, all of which had one thing in common: gross disregard for the status of lawyers, physical pressure, and lack of adequate response from law enforcement officials. Of particular concern is the fact that female advocates are increasingly becoming victims, and some of the victims have temporarily lost their ability to work.

A similar problem was reported in the capital. At the Svyatoshinsky District Center for the Protection of Human Rights, one of the advocates had his phone confiscated. In another case, a female advocate was beaten after she informed the duty officer of her status. She was not entered into the visitor log, and the materials relating to the incident were not properly recorded.

The advocates also drew attention to a typical situation where the police formally fulfill their duty to report the detention, but by the time the advocate arrives, they have already managed to draw up a report and transfer the person to the TCC. At the same time, the documents are signed and the time of the alleged «release» is indicated, so when the advocate arrives, he is told that the detainee «left voluntarily» or «is no longer detained». As a result, the person is effectively deprived of the right to defense, and no authority is held accountable.

In response, the Committee proposed the following measures:

• to refer the matter to the Verkhovna Rada’s temporary investigative commission on possible violations of Ukrainian law in the implementation of state defense measures;
• initiate a joint meeting of the parliamentary committees on legal policy, defense, and law enforcement;
• appeal to the Prosecutor General, the Chairman of the High Council of Justice, and the Chairman of the Supreme Court;
• analyze the available facts of ineffective investigation and consider appealing to the ECHR.

The Committee members stressed that the legal community must defend itself systematically and consistently. The accumulation of dozens of documented cases can become not only an argument at the legislative level, but also a prerequisite for international response.

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