Lawyers in Russia, particularly those acting in politically motivated criminal cases, are one of the social and professional groups on which the state’s repressive apparatus focuses its attention. This is largely because of the nature of the legal profession, which offers one of the few remaining opportunities in Russia to lawfully oppose the state, provide legal defence to critics of the authorities, and publicise human rights violations. Lawyers are subjected to various forms of prosecution and obstruction in relation to their lawful professional activities. They are often, in effect, equated with their clients, which is expressly prohibited by international law. As stated in the Basic Principles on the Role of Lawyers, adopted by the UN Congress on the Prevention of Crime and the Treatment of Offenders: ‘Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; […] and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics. […] Lawyers shall not be identified with their clients or their clients’ causes as a result of discharging their functions.’
As early as 2009, the UN Special Rapporteur on the independence of judges and lawyers, following a visit to the Russian Federation, noted a tendency to equate lawyers with the interests and activities of their clients, who were subjected to external pressure or intimidation by state officials, as a result of which lawyers’ ability to practise their profession was constrained. Particular attention was drawn at the time to the cases of lawyers representing the interests of the Yukos company and Mikhail Khodorkovsky, as well as the case of the murder of the lawyer Stanislav Markelov.
Following a visit to the Russian Federation in 2013, the Special Rapporteur expressed concern about the vast number of obstacles faced by lawyers, as well as the scale of threats and attacks to which some lawyers were subjected simply for carrying out their professional duties and representing their clients’ interests.
In subsequent reports by the Special Rapporteurs, covering 2018 and 2024, the findings regarding the suppression of the independence of the legal profession in Russia were reiterated. Disciplinary measures (including the revocation of a lawyer’s licence) or administrative, criminal or other sanctions have been widely applied to lawyers for actions carried out in accordance with their professional duties, standards and ethics. Cases of arbitrary arrests, detentions and criminal prosecutions of lawyers have become more frequent.
These assessments of the situation about the status of lawyers in Russia are also confirmed by the conclusions of the UN Special Rapporteur on the human rights situation in the Russian Federation, Mariana Katsarova. According to the findings of her 2023 report, ‘lawyers who have voiced dissenting views and/or represented human rights defenders, journalists, opposition activists, anti-war protesters or victims of human rights violations in the Russian Federation have come under severe pressure themselves. This pressure includes disciplinary, administrative and criminal harassment and prosecution, and physical violence amounting to torture and ill-treatment.’
