Page 6 - Report on the infringement of rights and guarantees of attorneys in Ukraine

PRESSURE ON ADVOCACY AS A VIOLATION OF NATIONAL AND

INTERNATIONAL LAW

Violation of the rights of attorneys not only undermines the core values of modern society, it also
violates specific provisions of international law enshrined in numerous international and
interregional regulations.

INTERNATIONAL GUARANTEES OF ADVOCACY

As part of United Nations regulations:

Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment,
1988

guarantees a detained person the right of defence .
6

Basic Principles on the Role of Lawyers, 1990
directly regulate the rights of attorneys, define the key role of advocacy in human rights
protection: "to ensure the protection of human rights and fundamental freedoms ... all
necessary measures should be taken to ensure that all persons have effective access to
legal services provided by independent lawyers" .
7

Basic principles:

where the security of lawyers is assistance to their clients. Such access
threatened as a result of discharging of should be provided at the earliest
their functions, they shall be adequately appropriate time (item 21);
safeguarded by the authorities (item governments shall recognize and respect
17); that all communications and
lawyers shall not be identified with their consultations between lawyers and their
clients or their clients' causes as a result clients within their professional relationship
of discharging of their functions (item are confidential (item 22);
18); codes of professional conduct for lawyers
no court or administrative authority shall be established by the legal
before whom the right to counsel is profession through its appropriate bodies,
recognized shall refuse to recognize the or by legislation, in accordance with
right of a lawyer to appear before it, for national law and custom and recognized
his or her client, unless that lawyer has international standards and norms (item
been disqualified in accordance with 26);
national law and practice and in disciplinary proceedings against lawyers
conformity with these principles (item shall be brought before an impartial
19); disciplinary committee established by the
lawyers shall enjoy civil and penal legal profession, before an independent
immunity for relevant statements made statutory authority, or before a court, and
in good faith in written or oral pleadings shall be subject to an independent
or in their professional appearances judicial review (item 28);
before a court, tribunal or other legal or all disciplinary proceedings shall be
administrative authority (item 20); determined in accordance with the code
it is the duty of the competent of professional conduct and other
authorities to ensure lawyers access to recognized standards and ethics of the
the appropriate information, files and legal profession and in the light of these
documents in their possession or control principles (item 29).
in sufficient time to enable lawyers to
provide effective legal

6