May 21, 2025 Lawyers Dmytro Dmytrenko and Andrii Hrubskyi (in the photo) arrived at the DBR investigative office to provide testimony in the case regarding the violation of lawyer Victor Smaliy’s rights, events that took place back in 2013.
Both lawyers were members of the Committee for the Protection of Lawyers’ Rights of the Kyiv Regional Bar Association at the time and witnessed the search in lawyer Smaliy’s apartment and other gross violations that occurred during his arrest. Currently, D. Dmytrenko continues his work in the Committee for the Protection of Guarantees of Legal Practice, while A. Hrubskyi heads the Committee for the Protection of Lawyers’ Rights.
Case Background
In December 2013, Victor Smaliy was defending journalist and activist Andrii Dzindzi. It was then, after a verbal altercation in the courtroom, that Victor Smaliy was unjustly arrested on suspicion of “attempted murder of a judge.” The lawyer was detained without proper legal procedures, and force was used (hit on the head and fingers, face held down in the minibus). A search was conducted in his apartment, and personal items — including documents and a mobile phone with lawyer-client privilege — were seized.
He was then held in pre-trial detention, despite the lack of sufficient grounds for arrest.
In 2021, the European Court of Human Rights found violations of the applicant’s rights in the case “Kadura and Smaliy v. Ukraine.” The European Court of Human Rights established:
- violation of Article 3 of the European Convention (prohibition of inhuman treatment);
- violation of the right to liberty and respect for private life;
- illegality of seizing the lawyer’s documents and phone containing lawyer-client privilege.
This decision by the ECHR served as a basis for reopening the investigation into the violation of lawyer Smaliy’s rights.
Committee’s Position
Despite the events dating back to 2013, the Committee for the Protection of Lawyers’ Rights (as well as the newly formed Committee for the Protection of Guarantees of Legal Practice) RAKO continues to fulfill its mission — protecting the rights and guarantees of legal practice in all cases, regardless of time.
“Even when it comes to a case from 12 years ago, we remain consistent in our duty to defend our colleague and the legal profession as an institution,” the lawyers noted after the interrogation.
Thus, this case serves as an example of how the defense of a lawyer’s professional rights remains relevant even after years, as justice must be restored regardless of how much time has passed.
The Committee ensures protection! Even after 12 years.