ArmInfo. The Advocates Rights Protection Commission at the RA Chamber of Advocates has discussed the criminal prosecution and arrest of lawyer Alexander Kochubaev, as noted in a statement issued by the Committee.
"Firstly, the Commission is deeply concerned by information from open sources regarding the disproportionate force used during the forcible delivery of lawyer Alexander Kochubaev to the body conducting the proceedings. The Committee recalls that preserving a lawyer's reputation is an essential condition for ensuring adequate conditions for the protection of individual rights. According to the established position of the European Court, deprivation of liberty for insult or criticism is inadmissible; such influence is considered a disproportionate and unnecessary measure; states are obliged to choose only civil or non-criminal forms of liability in such cases," the statement emphasizes.
Summarizing the above positions, the Commission considers that the procedural coercive measures applied to Kochubaev are disproportionate and unfounded. The search of the lawyer's office, car, and apartment, based on the specific facts presented to him, constitutes a disproportionate and even offensive interference within the meaning of Article 8 of the ECHR. The current state policy does not align with the interests of a democratic society. The Commission strongly condemns any harassment of a lawyer in connection with a statement they have made, particularly the use of such exceptional measures as pretrial detention. It urges parties to the proceedings and courts considering deprivation of liberty to take into account the particularities arising from a lawyer's status when choosing or applying coercive measures.
"The Commission also requests that the competent authorities investigate the information regarding the use of disproportionate force during the forcible delivery of Alexander Kochubaev to the body conducting the proceedings and hold the officials responsible for the abuse of office accountable. The Committee notes that the telephone and laptop belonging to lawyer Alexander Kochubaev may reasonably contain information constituting attorney-client privilege regarding his clients and, therefore, are subject to the protection of attorney-client privilege in accordance with Article 21 of the Law of the Republic of Armenia 'On the Bar.' The Commission requests that the body conducting the criminal proceedings refrain from any actions that violate attorney-client privilege, including any procedural actions aimed at disclosing the contents of Alexander Kochubaev's telephone and laptop, as well as their return," the statement reads.
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