The advocate’s status and the accurate perception of their role in the society are one of the issues of the great priority for the Defender. The protected professional activity of the advocate is one of the factors defining the human rights protection system in the state.
The recent monitoring of social networks indicates that there are frequent occasions when the advocate performing his or her professional activities are conflated with his or her client. In particular, comments containing insults and even threats are recorded in the social media. Aggression is particularly noticed in those comments which are made by evidently fake account holders. In addition to this, currently the number of citizens in the social media is high.
The recorded tendency is that the mentioned comments, as well as the attitude towards the advocates is conditioned by the personality of their clients and the negative public perception about them. This tendency is dangerous, since it can lead to the violation of the fundamental principles of fair trial. This hinders the strengthening of advocacy, while the absence of fully protected and independent advocacy threatens the system of justice, and, as a consequence, the human rights protection system in the country.
In reality, the professional activities of the advocate are inseparable from the administration of justice. Without this activity it is impossible to have justice based on the rule of law. The more protected and independent the advocate is, the higher the guarantees for justice are. It is also important to consider that the advocate’s high reputation, achieved through hard work is one of the guarantees for the efficiently of his or her work.
The advocate represents and defends an individual, who is suspected or accused of having allegedly committed a specific crime. The mission of the advocate is to provide quality legal assistance, proper legal defense against the charges during the criminal procedure. This does not mean that the advocate is justifies the criminal acts or provide impunity. The advocate’s activity is aimed at protecting everyone from possible unlawful prosecution or imprisonment.
This is one of the fundamental indicators of a state based on democracy and rule of law.
Therefore, it should be highlighted again, that it is extremely important in root accurate legal culture and perceptions about advocate’s work in the society. The presumption of lawfulness and good faith must be a primary consideration in the attitude towards advocates performing their professional activity.
Mr. Arman Tatoyan
The Human Rights Defender of Armenia