Ombudsman highlights right to legal assistance amid concerns over Volyn recruitment center practices

Dmytro Lubinets reminded that Constitution of Ukraine guarantees everyone the right to professional legal assistance, even under martial law
Photo: Дмитро Лубінець

Dmytro Lubinets, the Ukrainian Parliament Commissioner for Human Rights, has expressed concerns over the actions of the Volyn Regional Territorial Recruitment and Social Support Center, emphasizing that every person in Ukraine has the right to professional legal assistance. This statement was made in response to recent developments at the centre, which raised questions about lawyers' involvement in the mobilization and medical examinations.

According to a statement from the Ombudsman's office, the recruitment centre in Volyn had reacted to a report by a local TV channel, suggesting that the involvement of lawyers in these procedures could undermine the objectivity and independence of the mobilization and medical examination processes, which are crucial for national security. The centre argued that only authorized personnel possess the necessary expertise to handle such matters.

In response, the Office of the Commissioner for Human Rights in the Volyn Region reminded that Article 59 of the Constitution of Ukraine guarantees everyone the right to professional legal assistance, even under martial law. Yuliya Spas, the representative of the Commissioner in Volyn, sent a formal letter to the recruitment centre to address and prevent potential violations of citizens' rights.

Ihor Kolesnikov, Deputy Chairman of the UNBA Committee on Protection of Advocates' Rights and Guarantees of Legal Practice, also criticised the recruitment centre's stance.

"The position of the Volyn territorial recruitment and social support centre about advocates does not stand up to any criticism and may also contain signs of a crime under 397 (Interference with the activities of a defence counsel or representative of a person," he stated.

Ombudsman Lubinets reiterated the constitutional right to legal assistance, emphasizing that everyone is entitled to choose their defender, including those liable for military service. He stressed that any restriction of this right is unacceptable under the Constitution.

Ukrainians continue to file over 150 complaints weekly regarding the practices of territorial recruitment and social support centres.