Page 12 - Report on the infringement of rights and guarantees of attorneys in Ukraine

IDENTIFICATION
OF AN ATTORNEY
WITH A CLIENT

The complicated socio-political situation in Ukraine on prosecution of political opponents of
those in power, first of all, creates a situation where attorneys who defend persons who were the
country’s former leaders, former employees of law-enforcement agencies or opposition activists
against criminal prosecution are often identified with their clients. Attorneys are identified with
their clients not only by citizens or the media (who are not professional lawyers). Even
investigators, prosecutors and judges are disrespectful of attorneys who protect such a
suspected person .
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DETENTION OF ATTORNEYS

Oleksandr Chibirdin
attorney
In custody from 23 March 2017 in Odesa a pre-trial detention centre without any notice of
suspicion being served by an authorized person and in the absence of evidence of the
charged offence. The sole purpose of all efforts of the prosecution and court is to hold the
attorney in custody. As stated in the letter, Oleksandr Chebirdin has severe health issues, and
being held in a penitentiary institution deprives him of the possibility to get proper medical
examination and treatment, which is a direct threat to his life .
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Volodymyr Liushyk
attorney
In May 2017 was the subject of ungrounded criminal prosecution. During the detention,
officers of the Security Service of Ukraine committed acts against the attorney with the
elements of torture, and the attorney himself was detained for several months without any
notice of suspicion served by an authorized person. Furthermore, when considering a petition
filed by the prosecution for the preventive measure of pre-trial detention the investigating
judge took the liberty of saying the phrase "so-called legal practice" in respect of the
attorney, that is, he neglected the necessity of observing the guarantees of the legal
practice provided for by law in regard of the person of the attorney’s client and the right of
defence of the latter .
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According to available information, neither criminal proceeding is being de facto
investigated, investigative actions are sabotaged by the pre-trial investigation bodies, and
the offenders evade responsibility.

Oleksandr Serhiienko
attorney of opposition politician Oleksandr Onyshchenko
On 19 July 2016 he was detained. He was charged with "providing legal advice and
defence of a client" who is regarded as a criminal. However, such actions within
international law and national legislation of Ukraine are not only illegal but, on the
contrary, they are, in fact, an attorney’s professional duty. During the repeat detention ,
attorney Serhiienko was subjected to torture by officers of the National Anti-Corruption
Bureau of Ukraine, which lead to bodily injuries, in particular, injury to the right knee joint,
which required surgical treatment. It was impossible to perform surgery at the pre-trial
detention centre, and only after applying to the ECHR and the Court’s request to the
Government of Ukraine in February 2017, was Oleksandr Serhiienko operated on in a
hospital in early March 2017 .
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