A/HRC/45/CRP.9
liaising with terrorist organisations, which has deterred Ukrainian defence lawyers from
practicing in territory controlled by self-proclaimed ‘republics’.156 Many of those practicing
law before the armed conflict have ceased their professional activities and left territory
controlled by self-proclaimed ‘republics’. For these reasons, many individuals ‘prosecuted’
in territory controlled by ‘Donetsk people’s republic’ complained to OHCHR of their
inability to contract skilled and independent lawyers from a sufficiently large pool.
121. OHCHR further documented a widespread practice of impeding individuals’ access
to their lawyers, violating the right to legal assistance. In nine cases, individuals complained
that they were forced by the ‘ministries of state security’ to either waive the right to a lawyer
or to waive the right to a particular lawyer and accept representation by a free legal aid lawyer
suggested by ‘investigators’.157 In 34 documented cases, lawyers were prevented from seeing
their clients in detention for up to six months following arrest or the number of their meetings
was limited.158 Given that international human rights standards require that all detained
persons shall be provided with prompt access to a lawyer and adequate time to consult with
them, these practices amount to a violation of the right to communicate with one’s counsel.159
122. OHCHR is also concerned about the quality of legal assistance provided by defence
lawyers, regardless of how they were contracted and whether they were paid. In 53
documented cases, individuals complained to OHCHR that their defence lawyers had
neglected their duty to defend them or had not behaved in their best interest. In particular,
they complained that their lawyers had interrogated them together with ‘investigators’, were
absent during ‘inquests’ or ‘court hearings’, signed protocols of investigative processes
despite not having participated in them, visibly neglected to defend them during ‘court’
hearings or even supported motions by the ‘prosecution’. 160 At least 14 defendants told
OHCHR they believed that lawyers could not provide adequate protection in territory
controlled by self-proclaimed ‘republics’ because of the flaws and excesses of the ‘criminal
system’ in which they had to operate. Eleven individuals complained that their lawyers had
not provided adequate representation because they had been intimidated or they were afraid
to challenge the ‘prosecution’.161
123. In 18 cases documented by OHCHR, ‘state-appointed’ defence lawyers demanded
money from clients or their relatives to provide legal assistance or merely to inform relatives
about the status of the ‘criminal proceedings’.162 OHCHR is concerned that this situation may
be caused by the absence of remuneration for lawyers providing free legal assistance.163
156
157
158
159
160
161
162
163
Lawyers and accomplices of L/DPR are in Register of attorneys of Ukraine, available at
lexinform.com.ua/podii/advokaty-i-prysluzhnyky-l-dnr-v-reyestri-advokativ-ukrayiny/. See also
Report of the Ukrainian Helsinki Human Rights Union - Defense Lawyers in Occupation, p. 38,
available at helsinki.org.ua/wp-content/uploads/2019/01/1_Advocates_occupation_2018.pdf.
OHCHR notes that names of lawyers who acquired the status of attorneys in territory controlled by
the ‘republics’ were published on Myrotvorets webpage. For more information about Myrotvorets
webpage see OHCHR, Report on the human rights situation in Ukraine 16 February to 15 May 2018,
para. 78, available at www.ohchr.org/Documents/Countries/UA/ReportUkraineFevMay2018_EN.pdf.
In some cases, ‘investigators’ intimidated victims and forced them to sign documents without being
able to read them. Later the victims discovered that these documents had been waivers of legal
counsel.
In one case, documented by OHCHR in territory controlled by ‘Donetsk people’s republic’, the
defence lawyer was allowed to see his clients only once a month.
See e.g. Basic Principles on the Role of Lawyers, para. 8.
In relation to negligence of lawyers during hearings, victims complained to OHCHR that their
lawyers had played games on mobile phones, read files from other cases or had not followed
statements of ‘prosecutors’ or ‘judges’.
Victims also said to OHCHR that ‘investigators’ threatened them with violence and other negative
consequences for them and their families in order to force the victims to instruct their lawyers not to
act proactively in their cases.
OHCHR interviews, 12 and 16 January 2018, 20 December 2018, 31 January 2019, 5 and 14 January
2020.
Although the ‘laws’ of the ‘republics’ envisage remuneration for lawyers providing free legal
assistance, there is no procedure how this should be done. On 9 April 2015, the temporary statute on
27
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