Armenian Human Rights Defender`s Office responds to violation of  rights of lawyers and their clients 

ArmInfo. The Institute of the Bar is of particular importance in the implementation of the constitutional human right to receive legal assistance, reads a message from the Office of the Human Rights Defender in connection  with complaints received about the denial of access to lawyers to their clients who are in law enforcement agencies of the country.

The Office of the Human Rights Defender has received a number of  complaints about the denial of access to lawyers to investigative  bodies and police units, including cases where a lawyer involved in  criminal proceedings has been denied access to an investigative body  for a long time. Protected professional activity of a lawyer is one  of the important prerequisites for a full-fledged system of human  rights protection in the country. It plays a key role in  administering justice and ensuring the rule of law. The role of  unhindered professional activity of a lawyer and the obligations of  states in this regard are also provided for by a number of UN  documents. Moreover, according to the European Court of Human Rights,  the freedom of lawyers to practice their profession without undue  hindrance is an essential component of a democratic society and a  necessary prerequisite for fulfilling the requirements of the  Convention for the Protection of Human Rights and Fundamental  Freedoms.

Moreover, the Criminal Code of the Republic of Armenia provides for  liability for obstructing the exercise of the powers of a lawyer. In  particular, Article 491 of the Criminal Code determines that  preventing a lawyer from exercising his powers, if this is manifested  in illegally preventing a lawyer from entering any place of  deprivation of liberty to meet with his client, is unlawful," the  Ombudsman said in a statement.

The human rights defender notes that unimpeded access for a lawyer  and a meeting with a client is not an end in itself. These guarantees  are aimed at ensuring the full realization of the rights of a person  in need of legal assistance, and a ban on visiting in some cases can  directly lead to a violation of the right to personal protection.

"In the case of every complaint about obstruction in the activities  of a lawyer, the Human Rights Defender immediately intervenes. The  raised issue is immediately discussed orally with a representative of  the competent government agency, and if the issue is unresolved,  within the framework of this procedure, a visit to this body is  organized in the form of a prompt response. It should be emphasized  that problems of this nature are mainly resolved verbally, and in  this regard, the Defender emphasizes the stable cooperation  established with the Police and investigative authorities. At the  same time, the Ombudsman considers it necessary to develop and  implement systemic solutions to the problem, bearing in mind that  cases of non- admission of lawyers in violation of the rule of law  lead to the formation of problematic practices, which endanger the  persons located in the administrative building of the body conducting  the proceedings, especially criminal ones," the statement reads. 

The office noted the importance of lawyers, in turn, complying with  the requirements established by law, including the need to submit the  required documents.

The recorded problems were summarized and corresponding letters were  sent to the competent government authorities with a request to  provide the necessary clarifications.