19 March 2008, 21:53
Court of the capital of Kabardino-Balkaria prohibits advocate Dorogova to visit SIZO
The Nalchik City Court (Judge Gubin, Ya. Yu.) has rejected the complaint of advocate Larissa Dorogova claiming to recognize illegitimate the actions of the employees of the Nalchik SIZO in Kabardino-Balkaria who refused to let her in to her client Zaur Tokhov for rendering legal assistance to him.
The Court has referred to the fact that "the order of visiting a person in custody, established by the current legislation, was not observed, since a written permit of the person or the body in charge of considering the criminal case was not obtained."
The decision of the Court references Article 18 of the Federal Law "On Custody of Suspects and Defendants", according to which suspected and accused persons are provided meetings with their relatives and other persons on the basis of a written permit of the person or the body in charge of considering the criminal case.
The Court has referred lawyer Dorogova to the category of "other persons".
"On the basis of Article 6 of the Federal Law 'On Advocate's Activities and the Bar in the Russian Federation', an advocate shall have the right to meet his or her client alone, in the conditions that ensure confidentiality (including during the client's custody), without any restriction of the number of meetings and duration thereof. A meeting shall be provided upon presentation of an advocate's certificate and a warrant. Demand from the advocate of any other documents is forbidden," Ms Dorogova quotes the Law.
The lawyer wants to appeal against the decision at the higher instance.
Author: Luiza Orazayeva, CK correspondent
