Russian Supreme Court is working on a resolution for replacing attorneys without a request from the accused


The Supreme Court is preparing a resolution that would allow judges to assess the quality of a defendant lawyer during the trial, and to replace them without a request from the accused.

The resolution draft is called “On courts’ application of the legislation providing accused person’s right for defense”, said “” referring to the retired Judge Sergei Pashin. He announced the forthcoming document during the round table in the Committee of Civil Initiatives of Alexei Kudrin that happened on Monday.

“The project raises many questions. There are regulations that are not only contradict the position of the European Court of Human Rights, but are clearly discriminatory by their nature. The Supreme Court is going to provide all judges with right to assess the quality of legal assistance and, if necessary, remove them from the process if they found their work unsatisfactory. As directly written, without the client’s request,”- quoted the ex-judge.

According to the text of the draft, “if the attorney doesn’t fulfill their duties properly (for example, claims proof of guilt of a defendant who denies it; refused to participate in debates of the parties; took a position that is contrary to the arguments of the complaint (or objections) of the defendant, etc .), the question of his replacement may be allowed by the court without a request of the accused. ”