In a rule-of-law state such as the Russian Federation, the protection of attorneys' rights is crucial for ensuring fair trials and safeguarding citizens' rights. However, in practice, attorneys face various obstacles while performing their professional duties, especially in the context of pre-trial detention centers (SIZO). Violations of defenders' rights may manifest in restrictions on access to their clients, interference with legal activities, and hindrance of attorney-client privilege. Despite the presence of legislation regulating these issues, attorneys still encounter numerous problems that require legislative and organizational changes.
Problems with the Protection of Attorneys' Rights
One of the most pressing issues in Russia is the obstruction of attorneys' right to visit their clients in SIZOs. Often, SIZO staff restrict access to defenders, citing various formal or informal reasons. These actions violate the fundamental right of an individual to defense, guaranteed by the Constitution of Russia (Article 48 of the Constitution of the Russian Federation) and international norms.
Additionally, attorneys frequently encounter situations where their right to confidentiality during meetings with their clients is violated. In some cases, SIZO staff may interfere with the content of conversations and obstruct the preservation of attorney-client privilege. This occurs due to the insufficient accountability of SIZO staff for violations, which calls for legislative changes.
More information on the types of violations of attorneys' professional rights in Russia can be found in the linked article.
Necessary Protective Measures
To ensure the protection of attorneys' professional rights and overcome the above violations, comprehensive measures need to be implemented. First and foremost, it is essential to ensure adequate legal protection of attorney-client privilege. According to Article 8 of Federal Law No. 63-FZ "On Advocacy and the Bar in the Russian Federation," attorneys are required to maintain the confidentiality of information obtained during meetings with their clients. Before visiting a SIZO, attorneys should take steps to ensure that the information obtained during meetings with their clients remains confidential. This may include requiring confidentiality and using special rooms for attorney meetings where interference by third parties is excluded.
Moreover, attorneys should have the ability to document any violations by SIZO staff, especially during searches and other procedures. Requesting the creation of protocols and video recordings of these actions not only promotes transparency but also provides protection against possible abuses. If an attorney believes that their rights have been violated, they should have the ability to promptly appeal to the prosecutor's office or court to challenge the actions of SIZO staff. This right is guaranteed by Article 24 of Federal Law No. 63-FZ "On Advocacy and the Bar in the Russian Federation," as well as Article 125 of the Criminal Procedure Code (regarding the right to appeal actions of officials).
An important aspect of protecting attorneys' rights is the creation of an effective system for addressing issues with the leadership of the Federal Penitentiary Service (FSIN). Attorneys should have the ability to report violations and demand corrective measures to address abuses.
At the same time, the law should provide mechanisms for penalizing interference with attorneys' activities. Currently, while such initiatives are under discussion as draft laws, the Russian Criminal Code and the Code of Administrative Offenses do not contain specific sanctions aimed at protecting attorneys from interference with their professional activities. Legislative changes in this area are still under discussion, emphasizing the importance of further work to improve the legal protection of attorneys.
It is also necessary to increase the accountability of SIZO staff for obstructing attorneys in performing their professional duties. Legislative and organizational measures should aim to create a system in which attorneys can carry out their work without fear of violations of their rights and freedoms.
The problems related to the protection of attorneys' professional rights in Russia remain relevant and require a comprehensive approach. It is important not only to improve legislation but also to ensure effective oversight over the enforcement of attorneys' rights while working with their clients. Strengthening accountability for interference with attorneys' activities, creating transparent procedures, and developing legal protection mechanisms will help ensure the independence of attorneys and fairness in the judicial system.
Solving these problems will contribute to the strengthening of the rule of law and the fair protection of citizens' rights.
V. Ivanenko, Legal Advocate and Human Rights Defender
