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Institute for Law and Public Policy

Address: 129090, Moscow, Shchepkina str., 8

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21.12.2017 On December 18, 2017 a roundtable on the Strategic Judicial Protection of Professional Rights of Attorneys was held in Moscow

A roundtable on the Strategic Judicial Protection of Professional Rights of Attorneys was organized by the Institute for Law and Public Policy within the project «Using Constitutional and International Justice Mechanisms to Strengthen Human Rights Capabilities of the Russian Advokatura»

The discussion brought together 22 representatives of bars and expert community, involved in protection of attorneys’ professional rights. The discussion was based on the problematic issues which were identified during the survey of 250 bar members conducted by the Institute in October-November 2017. Answers of 17 % respondents demonstrated that the most common restrictive practices are the following:

1. Violations of legal professional privilege (interception of communications between an attorney and his client; tapping of an attorney’s telephone; searches of attorney’s offices; seizure of confidential case files);

2. Restrictions on attorney’s access to his client (denial of attorney’s access to clients in places of detention, arbitrary requirements and preconditions for attorney’s access to detainees);  

3. Non-compliance with statutory procedure for responding to attorney’s requests (ignoring attorney’s requests, violation of deadlines for responses to attorney’s requests, unreasonable refusal to grant attorney’s requests);

4. Restrictions on attorneys’ right of access to criminal case files;

5. Unreasonable removal of attorneys from cases, violations of remuneration procedure in relation to appointed attorneys (including current massive outstanding debt owed by the government to appointed attorneys).

In addition to discussion directly the practices that hamper the ability of attorneys to provide effective legal assistance, much attention was paid to the regulative framework of professional activities of attorneys and lawyers. The participants also examined standards for protection of attorneys’ professional rights in practice of higher courts of the United Kingdom and the United States, the European Court of human rights. In the course of the discussion possible solutions of the identified problems and tactic for further development of the project have been proposed.

 

 

 

 

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