Page 7 - Report on the infringement of rights and guarantees of attorneys in Ukraine

At European level:

European Convention on Human Rights

provides for guarantees of advocacy:
"Everyone charged with a criminal offence has the following minimum rights: ... to defend
himself/herself in person or through legal assistance of his own choosing or, if he has not sufficient
means to pay for legal assistance, to be given it free of charge when the interests of justice so
require" (item 3 (c) Article 6)
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Recommendation of the Committee of Ministers to Member States on the freedom of exercise
of the profession of lawyer

underline the fundamental role that lawyers and professional associations of lawyers play in
ensuring the protection of human rights and fundamental freedoms, and also desire to
promote the freedom of exercise of the profession of lawyer in order to strengthen the rule of
law 9

Basic principles:
all necessary measures should be taken to lawyers should not be refused access to a
respect, protect and promote the court before which they are qualified to
freedom of exercise of the profession of appear, and should have access to all
lawyer without discrimination and without relevant files when defending the rights
improper interference from the authorities and interests of their clients in accordance
or the public, particularly in the light of the with their professional standards (item 7);
relevant provisions of the European all lawyers acting in the same case should
Convention on Human Rights (item 1); be accorded equal respect by the court
lawyers should not suffer or be threatened (item 8).
with any sanctions or pressure when acting
in accordance with their professional
standards (item 4);

International provisions and guarantees of advocacy have been enshrined in
detail at both world (UN) and European (Council of Europe) levels of international
law. The national regulation of advocacy is largely based on these international
instruments, complies with them and is generally a direct borrowing of text from
international provisions.

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