The Essence of Legal Aid
The principal legal instrument for protecting the rights of a person placed in a place of restriction of liberty is advocacy. The law defines this activity broadly: it includes the giving of legal advice by an advocate to the person who has applied for assistance, the representation of the client in a constitutional dispute, in a criminal, civil or administrative case, in court, in arbitration, and in bodies of detention and investigation, the preparation of legal documents addressed to a third person, and the submission of any documentation in the client's name. It also covers the rendering of legal assistance that is not connected with representation before a third person, which means that a consultation is an independent service and does not require the existence of a case. This list shows that the interests of a detained or imprisoned person are not confined by the walls of a courtroom: protection begins in the investigative bodies and continues in every proceeding where the person's rights and freedoms are decided.
The Powers of the Advocate
An advocate has the right to represent and defend the client, the client's rights and freedoms, in the constitutional, supreme and common courts, in arbitration and in investigative bodies, and before other natural and legal persons. For the purpose of protecting the client's interests, the advocate may, under the procedure established by legislation, demand and receive the documents, certificates and other factual data needed for the practice of advocacy. The law also formulates the general rule for restricting this activity: it may be restricted only by law, which means that no internal act can diminish these powers. The advocate also enjoys other rights provided for by procedural legislation, which complete the toolkit at every stage of the proceedings.
The Inviolability of Meetings
For prisoners the central guarantee is the inviolability of meetings: an advocate has the right, unobstructedly, at any time and without control, in the manner established by criminal procedure legislation, to meet face to face a person who is detained, imprisoned or placed in a place of other restriction of liberty, and to correspond with that person. This norm unites three elements — unobstructedness, freedom from time limits, and the absence of control — and it is precisely their combination that makes the consultation genuinely confidential. The right of correspondence is built on the same logic: it ensures constant contact between the advocate and the placed person. The procedure by which this right is exercised is established by other provisions, but the content of the guarantee itself is set by this law, and its violation directly contradicts the norm.
The list of the advocate’s rights is open: for the protection of the client’s interests the advocate, in the manner established by legislation, demands and receives the documents, certificates and factual data needed for the practice; and advocacy embraces the giving of advice, representation before every instance, the preparation of legal documents and the submission of documentation in the client’s name. A duty is added to this: the advocate must timely furnish the client with all information and explain every possible financial obligation connected with the conduct of the case.
The Means of Protecting the Client's Interests
An advocate has the right to use, for the protection of the client's interests, every means that is not prohibited by legislation or by the norms of professional ethics. In parallel, the advocate has a duty: to provide the client in a timely manner with all information and to explain every possible financial obligation connected with the conduct of the case. These two positions — the right of active defense and the duty of information — together create the relationship of trust on which the protection of a person in restriction of liberty is built. The law also contemplates the case where the advocate provides the police or another authorized body with information about a possible act of violence against women or domestic violence, where a danger of repetition exists.
Frequently Asked Questions
Can a meeting with an advocate be forbidden?
An advocate has the right to meet a detained or imprisoned person unobstructedly, at any time and without control; the activity may be restricted only by law.
Where may an advocate defend a client?
In the constitutional, supreme and common courts, in arbitration, and in bodies of detention and investigation.
What duty does the advocate owe the client?
To provide all information in a timely manner and to explain the financial obligations connected with the conduct of the case.
Does the advocate demand documents?
Yes — for the protection of the client’s interests, in the manner established by legislation, the advocate demands and receives the necessary documents and factual data.
How We Help on Legal.ge
In places of restriction of liberty, time and information are decisive. Our team will help the family plan the necessary steps, engage an advocate and define the directions for protecting the prisoner's rights. Contact us for advice tailored to the specific situation.