«The First Department» analyzed criminal, administrative, and disciplinary cases against lawyers, attacks, threats, searches, and other violations of rights due to professional activities over the past year.
32% of violations of lawyers' rights are related to their clients. Denial of access to a lawyer for initial investigative actions or in court (12%), denial of access to a lawyer in pre-trial detention centers and penitentiary institutions (11%), and summoning lawyers for questioning as witnesses in their clients' cases (9%).
In 17% of cases, criminal actions were committed against lawyers. 30 cases of attacks on lawyers were confirmed. The most high-profile example was the attempted attack on lawyer Alexander Nemov and «Novaya Gazeta» journalist Elena Milashina on the way from the airport to Grozny.
14% of the total number of violations involve bringing lawyers to disciplinary responsibility related to their professional activities. 13% of cases are criminal cases against lawyers related to their professional activities. Almost half of such cases involve Moscow lawyers. In 7% of cases, lawyers were brought to administrative responsibility related to their professional activities, and the same number of situations were recorded for illegal searches or seizures from lawyers.
The most violations of rights were recorded in the Moscow region — 24%. This is the only region where all major types of violations are confirmed. Most often, lawyers faced criminal actions — 14 cases.
The second place in terms of the number of violations is the Leningrad region — 14%. The most common violation in this region is bringing lawyers to disciplinary responsibility (10 cases).
The human rights project notes that the number of recorded violations in these regions is not because lawyers in the Moscow and Leningrad regions are persecuted more often than elsewhere, but because journalists in metropolises write more on these topics.
It is also noted that in 2022, the figures for violations of lawyers' rights were higher — more than 500 cases. However, the more modest figures for 2023 do not mean that defenders are being persecuted less. In 2022, the overwhelming majority of such violations were denials of access to administratively detained clients. In 2023, denials have become routine, and the media stopped reporting on them. However, the number of criminal and administrative cases, as well as criminal actions against lawyers, has increased significantly.
«In 2023, the number of the most dangerous encroachments on rights due to the professional activities of a lawyer has increased — on their personal safety and freedom. The forms of these encroachments are varied, including threats, physical attacks, provocations, illegal searches, and summonses for questioning, initiation of pre-investigation checks, and initiation of criminal cases on fabricated grounds. This situation is also complicated by the factor of «wartime», in which modern Russian society lives and lawyers work. Colleagues who continue to defend clients in politically motivated criminal and administrative cases are in a special risk zone,» says «The First Department» lawyer Andrey Fedorkov.
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