By opening criminal proceedings against the lawyers in high-profile cases and trying to get information from their confidential communication with the client, the prosecution violates the law on guarantees for advocacy and tries to destroy independent practice of law in the country. This was discussed during the press conference that was held in UNIAN news agency on January 27, with participation of Oksana Tomchuk, Hennady Korban’s defender, Igor Cherezov, lawyer of Oleg Martynov, a suspect in the case of the politician, and Volodymyr Klochkov, member of the Advocate Council of Kyiv.
They have stressed that today there are many evidence of prosecution’s putting pressure on the lawyers, the latest prove is summoning the defenders in Korban’s case for questioning. During interrogation, the investigator tried to get confidential information that belongs to professional secrecy.
“This is already a system. If we do not stop these intentions now, then we will formally move towards dictatorship, when the lawyer will play the role of a mute at the hearing, because the clients will not share any information, knowing that defender can be summoned for interrogation and he will have to give evidence,” said Igor Cherezov, adding that in this way the lawyers are threatened so that they could not defend their clients. In particular, he has noted that the defence lawyers in the case of Hennady Korban were summoned not as private individuals, but as lawyers.
“This is a warning call, because independent advocacy is one of the fundamental principles of any democratic society,” said Cherezov.
In her turn, Oksana Tomchuk said that the lawyers are clearly explaining the violations in certain notable cases to the public. “In this regard, there are several trials of lawyers who are involved in notable cases. If today they close the lawyers’ mouth, tomorrow no one will make a stand against arbitrariness of authorities,” she said.
In order to prevent further violation of the rights of lawyers, Korban’s defenders have appealed to the National Association of Advocates of Ukraine. “They have lodged a corresponding appeal to the Prosecutor General’s Office of Ukraine, Deputy Prosecutor of Kyiv on the inadmissibility of such criminal proceedings against lawyers,” said Igor Cherezov.
Such actions of the prosecution are also considered to be dangerous by the Advocate Council of Kyiv. They are initiating the appeal to the National Association of Advocates of Ukraine, that is to be adopted at the lawyers’ conference in Kyiv on January 29, in order to hold a joint conference with the participation of the Prosecutor General, representatives of the Ministry of Internal Affairs, Head of the Supreme Court of Ukraine, where they could discuss systematic violations of their professional rights, guarantees for advocacy and ways to prevent this in the future, said Volodymyr Klochkov. He has also stressed that they will prepare a collective appeal to the President asking him to intervene in this situation. “Every fact of violation of the lawyers’ human rights in Kyiv and regions, and all over the country will get appropriate response of the Council due to its powers – we will not allow violating our rights,” said Volodymyr Klochkov.
