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Citizens through the Constitutional Court of Ukraine take measures against invasion of witnesses’ right of counsel during interrogation

Numerous refusals of legal investigators and prosecutors to examine witnesses in definite criminal cases in the presence of their attorneys, that is considered to be a direct limitation of constitutional right of counsel and can cause human rights violation, made the citizen of Ukraine Mr. Golovan apply to the Constitutional Court of Ukraine with the request to give an official explanation of article 59 of Constitution of Ukraine.

Article 59 of Constitution of Ukraine enshrines the right of counsel for every person and states that “In Ukraine the advocacy acts to provide legal assistance when judging cases at courts and reviewing cases at other state bodies”.

On September 30, 2009 the Constitutional Court of Ukraine having considered Mr. Golovan’s application held that:

1. Every person, regardless of the character of his legal relations with state bodies, municipal authorities, associations of citizens, legal entities and physical persons, has the state-guaranteed right to obtain legal assistance in the required scope and forms without any discrimination.

2. When being examined as a witness at agencies of inquiry, pretrial investigation authorities or when giving evidence at the authorities mentioned or any other state bodies, a person has the right of legal assistance obtaining from the attorney chosen on his own accord that does not rule out the possibility of being legally advised by any other person unless Ukrainian laws contain any limitation thereof.

Decision of the Constitutional Court of Ukraine dd. 30.09.2009 is to become a strong argument of defense called upon to prevent invasion of right of counsel.