Lawyers called on colleagues to go on strike, the reason for which was the arrest of Navalny’s defenders

A group of Russian lawyers called on their colleagues to join a three-day strike, one of the reasons for which was the arrest of defenders of oppositionist Alexei Navalny, convicted of extremism. The authors of the appeal, which at the time of submission of this material was signed by 190 people (among them at least 150 lawyers. The total number of lawyers in Russia is more than 83 thousand.— “Kommersant”) demand to stop “persecution of lawyers for their professional activities.” The Ministry of Justice warned lawyers against participating in the strike, saying that such actions would be perceived as a violation of the law on the legal profession. Commenting on the conflict, the Federal Chamber of Lawyers recalled that the legal community has “other legal forms of expressing their civic position,” and the success of protecting the rights of lawyers “is ensured by professionalism and responsibility, and not by demagogic noise.”

Last Monday, a group of Russian lawyers published an open appeal to the Federal Chamber of Lawyers (FBA), regional chambers of lawyers, as well as public associations of lawyers. The authors called on colleagues to support a three-day strike, the goal of which is to “stop the persecution of lawyers for their professional activities.” The reason for the action was the bringing to administrative responsibility of lawyer Alexei Ladin, searches at the capital’s Dalet Bar Association, as well as the arrest of the lawyers of oppositionist Alexei Navalny, convicted of extremism, Vadim Kobzev, Igor Sergunin and Alexei Liptser, suspected of participation in the extremist community.

As Kommersant previously reported, Alexey Ladin (represents the interests of Crimean Tatars and Ukrainian citizens accused of terrorism and espionage, as well as participation in banned groups) was detained on charges of discrediting the Russian army and disseminating extremist symbols on social networks. The court ordered 14 days of arrest and fined him 45 thousand rubles. Vadim Kobzev, Igor Sergunin and Alexey Liptser were detained, accused of participating in an extremist community and arrested for two months. According to the investigation, for two years they provided Alexei Navalny with information about the actions of his associates in Russia and abroad, and gave them instructions from the convicted man.

The action, stated in the address to colleagues, consists of “a general temporary cessation of the participation of lawyers in all procedural actions in all types of legal proceedings with prior notification of the participants in the relevant actions of the need to postpone their proceedings.” Among the demands are the organization of an objective investigation into the listed incidents, an end to the persecution of lawyers, and the introduction into the Criminal Code of a provision on liability for obstructing the professional activities of a lawyer.

Deputy Minister of Justice of the Russian Federation Maxim Beskhmelnitsyn said that the authors of the letter are trying to “artificially create intrigue, cause a public outcry by talking about the violation of the rights of lawyers”: “In fact, we see that a number of lawyers have been charged with committing crimes of an extremist nature, while they have been used their procedural status.” Mr. Beshmelnitsyn warned the legal community against participating in “preventive actions” and “suspension of procedural actions.” According to him, such a development of events would be a violation of the law on the legal profession, since employees of the legal profession “are obliged to fulfill the requirements of the law on the mandatory participation of a lawyer as a defense attorney in criminal proceedings as appointed by the inquiry authorities, preliminary investigation authorities or the court, and also do not have the right to refuse the accepted to protect yourself.” At the same time, the Ministry of Justice did not explain what sanctions could be applied to the participants in the action, or what liability the lawyers could bear for “refusal to fulfill their duties.”

One of the authors of the letter, lawyer Andrei Ragulin, explained to Kommersant that the call for “extreme measures” is aimed at stopping “unfounded persecution of colleagues and creating appropriate opportunities for lawyers to protect the rights of citizens that comply with UN standards and Russian legislation.” “Mass searches, non-admissions, criminal prosecutions, delays in paying lawyers appointed by government agencies,” lawyer Ilya Sidorov, another author of the appeal, listed the claims to Kommersant. “Despite the fact that they are later recognized as illegal, due responsibility for these attacks on lawyers and violation of their no one bears rights.” The initiators of the action do not agree that a three-day strike with prior notification to participants in the proceedings about the need to postpone their proceedings violates the Federal Law “On the Bar.” “Demanding conditions for proper protection does not amount to a refusal to protect; the ban on strikes does not apply to the legal profession,” said Mr. Sidorov.

“At the moment, the FPA does not have reliable information about the substance of the lawyers presented (indicated in the appeal.— “Kommersant”) accusations and their validity, we are deprived of the opportunity to form a professional judgment,” says a joint statement by FPA President Svetlana Volodina and Chairman of the FPA Commission for the Protection of the Rights of Lawyers Henry Reznik. “And even more so (they shouldn’t.— “Kommersant”) give in to calls to participate in strikes or other actions of a political nature. There are other legal forms of expression of civic position that do not affect the rights of our clients and the ethical rules of the profession.” Mr. Reznik and Ms. Volodina emphasize that the legal profession is a professional, not a political association: “One of the main tasks of the federal and regional chambers of lawyers is to protect lawyers from unjustified persecution and abuse. And numerous examples of such activities are widely known throughout the country. But its success is ensured by professionalism and responsibility, and not by demagogic noise.”

Emilia Gabdullina