In response to numerous appeals from lawyers (advocates) regarding the campaign of mass persecution of lawyers (advocates) in connection with their prolonged stay outside the Russian Federation, the General Council of the International Association of Russian Advocates deems it necessary to declare the following.
On April 22, 2024, Federal Law No. 83-FZ «On Amendments to the Federal Law «On Advocacy and the Legal Profession in the Russian Federation»» was adopted[1]. The law establishes that the status of a lawyer (advocate) may be terminated by decision of the council of the bar association, based on the conclusion of the qualification commission, in the case of the lawyer’s departure for permanent residence or for a period exceeding one year outside the Russian Federation, except for departure for treatment or education, or for accompanying family members sent to perform labor or other duties outside the Russian Federation by state authorities or Russian organizations, or for other valid reasons (subparagraph 7 of paragraph 2 of Article 17)[2].
Prior to the adoption of the law, Mariana Katzarova, the UN Special Rapporteur on the situation of human rights in the Russian Federation, and Margaret Satterthwaite, the UN Special Rapporteur on the independence of judges and lawyers, addressed a statement to the Minister of Justice of the Russian Federation, Konstantin Chuichenko, in which was concluded that the proposed amendments may conflict with the Russian Federation’s international human rights obligations established under the International Covenant on Civil and Political Rights[3].
The UN Basic Principles on the Role of Lawyers, adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders (Havana, Cuba, August 27 – September 7, 1990), provide in Articles 10 and 16 that «Governments, professional associations of lawyers and educational institutions shall ensure that there is no discrimination against a person with respect to entry into or continued practice within the legal profession on the grounds of race, colour, sex, ethnic origin, religion, political or other opinion, national or social origin, property, birth, economic or other status, except that a requirement, that a lawyer must be a national of the country concerned, shall not be considered discriminatory. … Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (b) are able to travel and to consult with their clients freely both within their own country and abroad; 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»[4].
The Constitution of the Russian Federation in Article 19 provides that the state guarantees the equality of human and civil rights and freedoms regardless of sex, race, nationality, language, origin, property and official status, place of residence, attitude to religion, convictions, membership in public associations, as well as other circumstances. Part 2 of Article 27 provides that everyone may freely leave the Russian Federation, and Part 1 of Article 37 states that everyone has the right to freely use their abilities for labor, to choose the type of activity and profession[5]. The Constitutional Court of the Russian Federation notes that the residence of citizens of the Russian Federation in a foreign state cannot serve as a basis for restricting their rights[6].
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Based on the foregoing, the General Council of the International Association of Russian Advocates:
1. Warns the bar associations of the constituent entities of the Russian Federation and the Federal Chamber of Advocates against applying in practice the provisions of subparagraph 7 of paragraph 2 of Article 17 of the Federal Law «On Advocacy and the Legal Profession in the Russian Federation» in the name of fulfilling the main purpose of these organizations — ensuring qualified legal assistance and protecting the rights of members of the legal community.
2. Proposes to the Federal Chamber of Advocates and the Ministry of Justice of the Russian Federation to immediately initiate the procedure for repealing the provisions of subparagraph 7 of paragraph 2 of Article 17 of the Federal Law «On Advocacy and the Legal Profession in the Russian Federation».
3. Calls upon the UN Special Rapporteurs, as well as the UN Human Rights Committee, to insist on the repeal of the provisions of subparagraph 7 of paragraph 2 of Article 17 of the Federal Law «On Advocacy and the Legal Profession in the Russian Federation».
