A/HRC/45/CRP.9 63. OHCHR is concerned about the lack of an effective mechanism to examine and address allegations of such misconduct by free legal aid lawyers. The existing mechanisms to ensure the quality of legal aid has proven ineffective, e.g. when detainees’ complaints about refusals of the state-appointed lawyers to support their torture or ill-treatment complaints remained unaddressed.79 In this regard, OHCHR welcomes the development of the peer review of the quality of services provided by free legal aid lawyers. It would enable effective assessment of its quality, which the free legal aid centres could not do due to the discretion the lawyers enjoy when exercising their functions in relation to their defence strategy.80 64. Private lawyers may be at risk for representing clients in conflict-related criminal cases. Throughout the reporting period, OHCHR documented 12 attacks against privatelycontracted lawyers which are believed to have been motivated by their professional activities. The authorities’ failure to ensure the security of lawyers, in particular whilst on court premises, and failure to effectively investigate such attacks violates the rights to security of the person and to legal counsel, as well as national protections against interference in the course of lawyers’ work.81 65. In 2017 and 2018, OHCHR documented eight attacks by members of extreme rightwing groups against lawyers who defended individuals perceived as having ‘anti-Ukrainian’ views.82 Six of these attacks occurred in the presence of police, who failed to intervene. Four defence lawyers were attacked on court premises,83 and in two separate cases, lawyers’ vehicles were set on fire.84 In addition, OHCHR documented two cases where members of these groups harassed lawyers for defending individuals being prosecuted for alleged membership in the armed groups.85 66. OHCHR is concerned that investigations into documented attacks failed to lead to the identification and prosecution of perpetrators. Some attacks were caught on camera, raising questions about the willingness of the police to effectively investigate these cases. In addition, in the majority of documented cases, the attacks were classified as “hooliganism” rather than as violence against lawyers or their property. When investigators fail to take into account that the victims were targeted as members of a protected profession, this results in ineffective investigations and impunity, as well as punishments which do not reflect the gravity of the crime committed. 79 80 81 82 83 84 85 See, Ukrainian Parliament Commissioner for Human Rights (Ombudsperson), Annual report of the Ombudsperson for 2019, section 3.4, available at www.ombudsman.gov.ua/files/Dopovidi/Report2019.pdf, and Annual report of the Ombudsperson for 2018, section 2.7, available at www.ombudsman.gov.ua/files/Dopovidi/Report-2018-1.pdf. The latter says that while there are standards of conduct, lawyers can ignore their clients’ complaints about ill-treatment and not challenge other procedural decisions against them. Meetings with free legal aid centres in Kharkiv and Dnipro in 2017. The coordinators of the centres stated that it would be difficult to terminate lawyers’ contracts and they simply waited for the contracts to expire. Basic Principles on the Role of Lawyers, paras. 17 and 18. Ukrainian legislation guarantees the security of lawyers inter alia by criminalizing any interference with the activity of lawyers (article 398 of the Criminal Code concerning threats or violence against the defence lawyer or representative of a person, available at zakon.rada.gov.ua/laws/show/2341-14). OHCHR, Report on the human rights situation in Ukraine, 16 May – 15 August 2018, para. 65, available at www.ohchr.org/Documents/Countries/UA/ReportUkraineMay-August2018_EN.pdf. The term “extreme right-wing groups” refers to political parties, movements and groups who blame vulnerable groups for societal problems and incite intolerance and violence against them. In Ukraine, extreme right-wing groups have perpetrated attacks against Roma and other minorities, including LGBTI. Through their actions, they undermine the fundamental principle of non-discrimination by propagating an ideology based on racism, discrimination, xenophobia and intolerance. See Reports of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, A/HRC/35/42 of 26 April 2017 and A/HRC/18/44 of 21 July 2011. OHCHR interviews, 16 May 2017, 14 and 15 August 2018; OHCHR trial observation, 28 September 2018. OHCHR interviews, 21 February 2018 and 22 January 2019. OHCHR interviews, 15 August and 28 September 2018. 15