Ukraine’s experience with early access to legal aid and the impact on human rights

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Ukraine’s experience with early access to legal aid and the impact on human rights

Andriy Vyshnevsky

Director of the Coordinating Centre for Legal Aid Provision

Vienna 12 may 2014


What is the legal aid system in Ukraine? • Duty private lawyer scheme, functioning «24/7» • 27 Legal Aid Centres in all provinces managed by Coordination Center under responsibility of the Ministry of Justice • About 4.000 private lawyers selected through open competition by Ministry of Justice; nearly 2.000 of them contracted by Legal Aid Centres


To whom the right to early access to legal aid is guaranteed? Since January 1, 2013, legal aid has been provided to the individuals: • subject to administrative detention • subject to administrative arrest • subject to detention on the suspicion of committing an offence


Delivery early access to legal aid • 27 round-the-clock administrators on-duty in the Legal Aid Centres (rotating shift of 1 day on/3 days off) • About 500 lawyers on-duty permanently, covering the whole territory of Ukraine • Police is obliged to inform Legal Aid Centres about every detention immediately • Legal Aid Centres are obliged to assign a contracted lawyer and to ensure that he/she attends a detainee within two hours • Toll-free phone number 800-213-103 to inform about fact of detention


Scheme of interaction of key actors for early access to legal aid Inform about violation of right for early access to legal aid

Legal Aid Centre Assign for legal aid providing

Contracted private lawyer on duty

Prosecutor office

Obliged to inform immediately

Have right to inform (or his or her family) Provide legal aid

Including appellation to the court decision on the prevention measure

Pre-trial proceedings supervision

Police office

Detains

A detainee


Information about the right to early access legal aid


Assuring quality of service • Obligatory Quality Standards for Provision of Legal Aid at the Pre-Trial Investigation Stage developed and approved (to be implemented from 1st of July 2014) • Set of Defender Manuals are developed and disseminated among all lawyers, providing legal aid • Regular (every 4 months) trainings for all lawyers, providing legal aid, have been conducting


Early access to legal aid in 2013 in figures Incoming calls on toll-free phone number

79,950

Legal aid has been provided to the individuals under: detention due to suspicion of committing an offence

22,345

administrative detention

4,912

administrative arrest

5,097

Rejection from legal aid

6.9%


Thank you for Attention! Coordinating Centre for Legal Aid Provision

ANDRIY VYSHNEVSKYI Director 73 Artema Str., 04053, Kyiv, Ukraine tel. +38 044 486 71 06 fax +38 044 486 77 45 e-mail: andriy.vyshnevsky@legalaid.gov.ua www.legalaid.gov.ua


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