According to the information provided to national and international Bar Associations by the Network partners, the letter is aiming at attracting their attention to the “systematic suppression of Belarusian lawyers by the Ministry of Justice of Belarus and for <...> support of the Minsk City Bar in its effort to prevent further restrictions of the independence of lawyers and violations of the individual right to fair trial”.

Amid mass repressions in the aftermath of the Presidential election in Belarus, hundreds need professional legal assistance. According to the Human Rights House Network’s program participants, it was mostly provided by the Minsk City Bar. It put the advocates themselves into a risk, as many of them were approached by journalists and family members of the detainees.

“The advocates, answering the questions of journalists and relatives, informed the Belarusian public about acute problems caused by the arrests, the delays in medical aid, the shortcomings related to the places of preliminary confinement and temporary custody”, – underlined the letter authors.

Advocates warned not to talk to media
Not surprisingly, the principled position of the lawyers was not welcomed by the government of the authoritarian regime.

Endowed with broad powers of regulating the work and controlling advocacy self-governing bodies and licensing of lawyers, the Ministry of Justice undertook attempts to silence the advocates undertaking the politically-sensitive cases.

“From the end of December 2010 to the beginning of 2011 the Ministry of Justice of the Republic of Belarus published on its website the information and sent orders to the Minsk City Bar, in which it assessed negatively the work of the lawyers who defended those apprehended, including former presidential candidates, first of all for their communication with the media. In these orders the Ministry of Justice raised the question of the necessity of instituting discipline proceedings against these lawyers before the Minsk City Bar.

“The Ministry of Justice of the Republic of Belarus also issued an order to lawyers with a notification about the possibility of depriving them of their license”, – inform the Belarusian lawyers in their letter.

Pressure vs. Solidarity
Despite the government’s pressure, the Presidium of the Minsk City Bar declined to punish the lawyers, mentioning that no breaches of the Law on Advocacy and the Code of Professional Ethics were found in the actions of the lawyers.

The Ministry of Justice then implemented the submission about instituting disciplinary proceedings against advocates of the Minsk City Bar, initiating a new procedure.

At the very same time the Ministry of Justice of the Republic of Belarus declared its intention to make amendments to the Code of Professional Ethics. “Obviously, under these circumstances this intention indicates the desire to impose additional limitation of the activity of Belarusian advocates,” – note the HRHN Belarusian partners.

They believe that “the consequences of such actions could damage the principles the independence of the legal profession that, in turn, would entail a violation of individual rights to fair trial”.

According to the letter, “in this situation the Minsk City Bar, despite the continuing pressure, upholds the principle of independent advocacy and professional guarantees of advocates, inspires respect and needs the support of colleagues from other states and international organizations”.

Support needed
The letter encouraged foreign colleagues and international organizations to:

•Appeal to the head of the Belarusian Republican Bar association with the request to support the the activity of advocacy self-governing bodies, upholding the principle of independent advocacy and the guarantees of the realization of advocacy activity.

• Support the Presidium of the Minsk City Bar in its activity in upholding the independence of the advocacy institute and the guarantees of advocates.

• Declare concern at the excessive interference of the state into advocates’ activity and to call The Ministry of Justice to stop groundless pressure on advocates and advocacy selfgoverning bodies.

The relevant addresses are provided in the full version of the letter (please find in the “Documents”, the right section of this page).

Call for urgent action
The Human Rights House Foundation in Geneva has called the United Nations Special Rapporteur on the Independence of Judges and Lawyers, Mr. Leandro Despouy, re. harassment and intimidation of lawyers in the Republic of Belarus in the aftermath of the 19 and 20 December 2010 events.

“We call upon the Special Rapporteur to take action, by direct communication with the Belarusian authorities and by publicly supporting the work of lawyers in Belarus who accept to defend those arrested and detained following the presidential elections on 19 December 2010”, – stated the Foundation’s representative in Geneva in a letter to the Mr Despouy.

For more information:
Liudmila Ulyashyna, Coordinator of the International Law in Advocacy programme, Human Rights House Foundation: +47 913 33 472 (mobile phone) and ;
Ane Tusvik Bonde, Regional Manager for Eastern Europe and Caucasus, Human Rights House Foundation: +47 997 439 07 (mobile phone) and ;
Florian Irminger, Head of the Geneva office, Human Rights House Foundation: +41 79 751 80 42 (mobile phone).

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