Kyiv – 01 October 2018. UBA is repeatedly concerned with cases of violation of guarantees of advocates activities and rights of advocates and addresses the General Prosecutor’s Office of Ukraine in a public appeal on the unacceptability of violation of guarantees of advocates activities and rights of advocates and the violation of the right to protection.
Full text of Public appeal by UBA:
Ukrainian Bar Association as a leading professional legal community, whose purpose is the implementation of the rule of law, expresses its concern over the facts of violation of guarantees of advocates activities and rights of advocate Volodymyr Bogatyr and the rights of his defence counsel.
It became known to the Association, that the officers of the Office of Special Investigations (known previously as – Department of Special Investigations) of the General Prosecutors Office systematically violate guarantees of advocates activities and rights of advocate Volodymyr Bogatyr. In particular, the procedure of summons of advocate, the disregard of the principle of presumption of innocence, systematic violations of the right to protection.
Moreover, according to the information available, court orders are not being enforced, by which the defence counsel were permitted to act in the protection of advocates rights and have access to the materials of criminal proceedings, there have also been instances where the representatives of the General Prosecutors Office extorted documents, not required and provided by the legislation, from advocates, who earlier took part during the interrogation of advocate Volodymyr Bogatyr in the role of witness; the investigators and prosecutors in their official correspondence express their disagreement with the court decisions.
Association regards the above-listed actions as incompatible with the provisions of the Criminal Procedure Code of Ukraine and as violating the requirements of the current legislation, the conduction of investigation with numerous procedure violations.
In particular, the violation of requirements, provided in paragraph 13, part 1 of article 23 of the Law of Ukraine “On the Bar and Practice of Law” and paragraph 1, part 1 of article 481 of the Criminal Procedure Code of Ukraine, which have categorised an advocate to a special category of persons, to which a special procedure of criminal proceedings and service of notice of suspicion applies, and violation of the main principle of legal proceedings of obligatory force of court decision, provided for under article 129 of the Constitution of Ukraine.
Ukrainian Bar Association appeals to the General Prosecutors Office of Ukraine to provide the observance of guarantees of advocates activities and rights of advocate Volodymyr Bogatyr and the rights of his defence counsel, the right of a person to protection, guaranteed by the Constitution of Ukraine, Law of Ukraine and international acts, to adhere to the basic principles of democracy and rule of law.