Page 14 - Report on the infringement of rights and guarantees of attorneys in Ukraine

Such actions by high-ranking officials and the prosecutor's office are a
form of pressure on attorneys, since they can be interpreted as a threat
by the authorities to prosecute their own attorneys for cooperating with
the Russian Government (the existence of criminal proceedings against
journalists who are believed by the authorities to cooperate with Russia
only make such threats more real).
According to the ECHR, suspicion by participants in the process of
"increased attention" by public authorities may be sufficient reason to
contest the compliance of proceedings with the requirements of a fair
trial (Kinsky v. The Czech Republic case).

Kyrylo Lehkykh, Valentyn Rybin
attorneys of Oleksandr Shcheholiev, SBU (Security Service of Ukraine) General
On 10 October 2017, representatives of the public present in the courtroom repeatedly
shouted out insults about attorneys, calling them "separatists", "Putin’s agents" and so on.
At the same time, the court did not respond to such statements from those present, until
the defence counsels requested to reprimand the activists. Such situations are dangerous
for attorneys, as they are often accompanied by attacks on defence counsels .
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Identification of attorneys with clients is often of a "preparatory" nature, it is a
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prerequisite for another violation of the rights of attorneys. Its goal is to legitimise
further criminal prosecution, attacks or other forms of pressure on attorneys. At
first, an image is created that an attorney is involved in some unlawful activity,
and then the general public has no doubt that restriction of the rights of
attorneys is substantiated.
An attorney who works in circumstances of constant risk of being attacked by
radically-minded groups of persons (who regard an attorney as a client’s
accomplice), or being arrested for an overly active position in defending a
client, is forced to form his/her legal position taking into account the protection
not only of a client but also of himself/herself, and thus may not ensure a client
the appropriate level of legal aid.

Such a situation not only violates the provisions of national legislation and
international law, but also contradicts the practice of the ECHR whose position
on pressure on attorneys is set out in the Elci and Others v. Turkey and
Kolesnichenko v. Russia cases. The ECHR emphasizes the central role of
advocacy in the administration of justice and supporting the rule of law. Legal
practice free from any unreasoned obstacles is an essential component of a
democratic society and a prerequisite for the effective implementation of
provisions of the Convention for the Protection of Human Rights and
Fundamental Freedoms, in particular, the guarantees of a fair trial and the right
of a person to security. Thus, prosecution or harassment of lawyers strikes at the
very heart of the European Convention system .
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