A/HRC/45/CRP.9 3. Right to legal counsel 157. As outlined above, the ICCPR guarantees the right to free and effective legal assistance provided by lawyers are guided by “generally recognized professional ethics”, free from any pressure, restrictions or undue interference.197 158. The Russian Federation authorities in Crimea must respect the confidentiality of all communications and consultations between lawyers and their clients, and ensure that lawyers are able to perform their professional functions without intimidation, hindrance, harassment or improper interference. 159. Free legal assistance in Crimea is limited to defendants in criminal cases. OHCHR is concerned that State-appointed lawyers often do not act in the best interests of their clients, violating the accused’s right to effective representation. OHCHR documented seven such criminal cases where the State-appointed lawyers seemed to have acted inconsistent with their clients’ interests. In particular, lawyers failed to raise basic due process violations, ignored defendants’ complaints of torture, objected to their own clients’ motions during trial, and failed to take any action while present during ill-treatment of their clients by FSB officers.198 160. In one emblematic case concerning the 24 Ukrainian crew members captured by the Russian Federation near the Kerch Strait on 25 November 2018,199 OHCHR documented the ill-treatment of one of the detained crew members, which took place in front of his free legal aid lawyer. In particular, FSB officers repeatedly jabbed his shoulder with significant force and verbally insulted him, while the lawyer failed to take any action. Later, during the interrogation, the same lawyer tried to convince the detained crew member to fully cooperate with the FSB and admit his guilt for the charge of illegal crossing the Russian state border. 161. In another emblematic case concerning the alleged storage of explosives, OHCHR documented that several free legal aid lawyers continuously acted to the detriment of their client throughout the trial. During the court hearings, the free legal aid lawyer objected to a number of his client’s motions that concerned his right to examine prosecution witnesses. Acting more as a prosecution than a defence lawyer, he claimed inter alia that the motions should be dismissed as the defendant had failed to properly substantiate them and specify the full names of the witnesses. Other free legal aid lawyers, who represented the same defendant at different stages, failed to request a forensic medical examination of his injuries allegedly sustained as a result of torture by arresting officers, chatted with the prosecutor during the defendant’s closing arguments in court and interrupted his presentation. 162. In five high-profile cases concerning charges of espionage or subversive activities, the FSB deliberately appointed for the defendants state legal aid lawyers and denied them access to their privately retained lawyers, thereby depriving the defendants of their right to be represented by legal counsel of their own choosing. In all five cases, the FSB used threats of ill-treatment, and promises of leniency or release from custody to coerce defendants to dismiss their private legal counsel.200 163. In one case, for instance, three Crimean Tatar defendants cancelled the contract with their lawyers after being prompted to do so by FSB officers and warned, through their family members, that having “pro-Ukrainian” counsels would damage their defence201. In another 197 198 199 200 201 34 See para. 58 above. See OHCHR, Report on the Human Rights Situation in Ukraine, 16 August 2019 – 15 November 2019, para. 91, available at www.ohchr.org/Documents/Countries/UA/28thReportUkraine_EN.pdf. On 25 November 2018, the Russian Federation naval forces attacked three Ukrainian naval vessels which it insisted had entered its territorial waters. Twenty-four crew members were captured, charged with illegal crossing of the Russian border, and initially detained in Crimea. See OHCHR, Report on the Human Rights Situation in Ukraine, 16 November 2018 – 15 February 2019, paras. 99-103; OHCHR, Report on the Human Rights Situation in Ukraine, 16 August 2019 – 15 November 2019, paras. 90-94. See, e.g., OHCHR, Report on the Human Rights Situation in Ukraine, 16 August – 15 November 2019, paras. 95-96, available at www.ohchr.org/Documents/Countries/UA/28thReportUkraine_EN.pdf. HRMMU interview, 13 October 2017.