National pressure records / Article
For the first time since 2020, the number of attorneys in Belarus has increased
Published on August 28, 2024
Since 2020, the number of attorneys in Belarus has been constantly decreasing. Our project has repeatedly drawn attention to the situation at the bar in 2021, 2022, 2023, 2024, and the reasons for such changes were related to the state's repressive policy towards attorneys who acted as an institution of civil society in 2020 after the falsification of the presidential elections and unprecedented brutality on the part of representatives of security forces against protesters.
If the bar entered 2020 with almost 2,200 attorneys, then 2024 began with 1,603 attorneys. This is despite the fact that both international law and domestic norms establish the citizen's right to legal aid as one of the basic components of the right to a fair trial (Article 62 of the Constitution of the Republic of Belarus, Articles 41 and 43 of the Criminal Procedure Code of the Republic of Belarus , Article 2.8 of the Procedural Code of Administrative Offences of the Republic of Belarus, Article 14 of the UN International Covenant on Civil and Political Rights, etc). Due to such a significant decrease in the number of active attorneys in the country, the Ministry of Justice was even forced to recognise a new reality in the form of Regulation No. 16, which established a new minimum number of attorneys in legal advice offices. The result was a reduction of the regulatory minimum to 1 attorney per office in 47 local courts of the country. The right to defence of residents of districts where there is one lawyer for the whole district (or none at all), most likely is not fully ensured or not provided at all.
The years 2021 and 2022 set records for the decrease in the number of attorneys.
In 2021, a significant annual reduction of 151 attorneys was recorded, caused by the entry into force of highly repressive amendments to the Law of the Republic of Belarus "On Advocacy and Legal Activities" that limited the independence of the legal profession. At the end of November 2021, odious changes to the legislation governing the bar came into effect, further increasing state control and dependence of the bar on government bodies. (For more details, see the materials: "Access to the Profession: Comment on Changes in the Legislation on Advocacy", "Certification/Recertification of Attorneys: New (or Old) in the Law on Advocacy", "Expansion of the Powers of the Ministry of Justice: Changes in the Law on Advocacy", "Appointment of the Bodies of Bar Self-Government by the Ministry of Justice: A Comment on the Changes in the Law on Advocacy".)
In 2022, 195 attorneys left the bar for various reasons, primarily those unwilling to accept the new conditions, while only 24 new specialists were admitted. Additionally, judges who directly participated in the repression following the 2020 elections began appearing among the attorneys, recalling legislative amendments that greatly simplified the entry of judges and investigators into the bar. At the beginning of 2023, according to the register of attorneys, there were 1,697 attorneys remaining, compared to 1,868 at the beginning of 2022 — a total decrease of 171 specialists.
Over time, the decline in the number of attorneys has slowed. In 2024, the bar began the year with 1,609 attorneys, marking a decrease of 88 specialists compared to the previous year.
And finally, for the first time since 2020, our project recorded an increase in the number of attorneys, which is more or less stable. The mass detention of attorneys during January-February 2024 (we remind you that this happened without any information in the public space, it was only possible to find out who it might concern based on indirect data) led to another decrease in the number of attorneys by more than 10 persons. After that, the numbers remained almost the same for more than 4 months: 1,588-1,590 persons, and for the period from June 2024 to August 2024, they increased to 1,597.
Finally, for the first time since 2020, our project recorded a relatively stable increase in the number of attorneys. The mass detention of attorneys during January — February 2024 (which occurred without any public information — it was only possible to identify those affected based on indirect data) led to a further decrease of more than 10 attorneys. After that, the numbers remained almost unchanged for over four months, fluctuating between 1,588 and 1,590 attorneys. From June to August 2024, the number increased to 1,597.
If the bar entered 2020 with almost 2,200 attorneys, then 2024 began with 1,603 attorneys. This is despite the fact that both international law and domestic norms establish the citizen's right to legal aid as one of the basic components of the right to a fair trial (Article 62 of the Constitution of the Republic of Belarus, Articles 41 and 43 of the Criminal Procedure Code of the Republic of Belarus , Article 2.8 of the Procedural Code of Administrative Offences of the Republic of Belarus, Article 14 of the UN International Covenant on Civil and Political Rights, etc). Due to such a significant decrease in the number of active attorneys in the country, the Ministry of Justice was even forced to recognise a new reality in the form of Regulation No. 16, which established a new minimum number of attorneys in legal advice offices. The result was a reduction of the regulatory minimum to 1 attorney per office in 47 local courts of the country. The right to defence of residents of districts where there is one lawyer for the whole district (or none at all), most likely is not fully ensured or not provided at all.
The years 2021 and 2022 set records for the decrease in the number of attorneys.
In 2021, a significant annual reduction of 151 attorneys was recorded, caused by the entry into force of highly repressive amendments to the Law of the Republic of Belarus "On Advocacy and Legal Activities" that limited the independence of the legal profession. At the end of November 2021, odious changes to the legislation governing the bar came into effect, further increasing state control and dependence of the bar on government bodies. (For more details, see the materials: "Access to the Profession: Comment on Changes in the Legislation on Advocacy", "Certification/Recertification of Attorneys: New (or Old) in the Law on Advocacy", "Expansion of the Powers of the Ministry of Justice: Changes in the Law on Advocacy", "Appointment of the Bodies of Bar Self-Government by the Ministry of Justice: A Comment on the Changes in the Law on Advocacy".)
In 2022, 195 attorneys left the bar for various reasons, primarily those unwilling to accept the new conditions, while only 24 new specialists were admitted. Additionally, judges who directly participated in the repression following the 2020 elections began appearing among the attorneys, recalling legislative amendments that greatly simplified the entry of judges and investigators into the bar. At the beginning of 2023, according to the register of attorneys, there were 1,697 attorneys remaining, compared to 1,868 at the beginning of 2022 — a total decrease of 171 specialists.
Over time, the decline in the number of attorneys has slowed. In 2024, the bar began the year with 1,609 attorneys, marking a decrease of 88 specialists compared to the previous year.
And finally, for the first time since 2020, our project recorded an increase in the number of attorneys, which is more or less stable. The mass detention of attorneys during January-February 2024 (we remind you that this happened without any information in the public space, it was only possible to find out who it might concern based on indirect data) led to another decrease in the number of attorneys by more than 10 persons. After that, the numbers remained almost the same for more than 4 months: 1,588-1,590 persons, and for the period from June 2024 to August 2024, they increased to 1,597.
Finally, for the first time since 2020, our project recorded a relatively stable increase in the number of attorneys. The mass detention of attorneys during January — February 2024 (which occurred without any public information — it was only possible to identify those affected based on indirect data) led to a further decrease of more than 10 attorneys. After that, the numbers remained almost unchanged for over four months, fluctuating between 1,588 and 1,590 attorneys. From June to August 2024, the number increased to 1,597.
What happened?
Changes in the total number of attorneys depend on two processes: the departure of specialists from the bar and the arrival of new specialists. We have already written about this trend — the number of new attorneys is increasing (if in 2023, 50 attorneys were hired during the year, then in 2024 there will be 45 as of August), and the number of attorneys leaving the bar is decreasing.
This is why we are observing how one trend is now becoming stronger than the other. While it is almost impossible to rapidly increase the number of new attorneys (since that requires people to want to join the bar, meaning a certain number of professionals must be educated and choose the bar as their profession), the reverse process is partially controllable. Forced disbarments and creating conditions under which attorneys themselves leave the bar are entirely within the sphere of state control.
If we look at the trends over the last four months, during which the number of attorneys did not decrease but actually increased, 30 specialists left the bar and 35 joined (with two more reinstating their statuses). For comparison, slightly more than 140 attorneys left the bar in 2023.
This is why we are observing how one trend is now becoming stronger than the other. While it is almost impossible to rapidly increase the number of new attorneys (since that requires people to want to join the bar, meaning a certain number of professionals must be educated and choose the bar as their profession), the reverse process is partially controllable. Forced disbarments and creating conditions under which attorneys themselves leave the bar are entirely within the sphere of state control.
If we look at the trends over the last four months, during which the number of attorneys did not decrease but actually increased, 30 specialists left the bar and 35 joined (with two more reinstating their statuses). For comparison, slightly more than 140 attorneys left the bar in 2023.
Which Bar associations lost attorneys and which gained
The table below shows the number of attorneys who left or joined the bar between April and August 2024.
*More details about problematic legal advice offices and what’s the problem with them are provided in this article.
We should note that outside of Minsk, the best situation is in the Brest and Grodno regions, while the worst is in Vitebsk and Mogilev. A third of those who left the bar had licences issued after 2010, indicating that they most likely left not for "natural" reasons (such as retirement). Overall, no clear trends are observed; normal processes are mostly taking place. However, the loss of young personnel from the bar is concerning.
We should note that outside of Minsk, the best situation is in the Brest and Grodno regions, while the worst is in Vitebsk and Mogilev. A third of those who left the bar had licences issued after 2010, indicating that they most likely left not for "natural" reasons (such as retirement). Overall, no clear trends are observed; normal processes are mostly taking place. However, the loss of young personnel from the bar is concerning.
How can these trends be explained
Can we say that the repressions within the bar are over? We don't know. Parallel processes are most likely occurring. On the one hand, the efforts of the Bar Association's leadership to cooperate with universities, intensify contacts with students, and promote the prospects of working as an attorney have begun to bear fruit. At the same time, we still do not observe a significant trend of former officers from the police, prosecutor's office, and courts joining the bar — a dangerous prospect that emerged in 2021 when the law changes came into effect. The number of such attorneys is growing, but on a very, very small scale.
On the other hand, according to information from our sources, there is an understanding within the bar — if not of the wrongness of the policy of repression, then at least of the obvious negative results of reducing the number of attorneys and the problems that have arisen because of it.
Thirdly, it is clear that the more significant impact on the total number of attorneys during the period considered (2021-2024) is the decrease in the outflow of those leaving the profession compared to the inflow of new specialists occupying "vacant" positions. Therefore, naturally, if almost all those who did not see themselves fitting into the new conditions have already left the bar in 2021-2023, we will not observe mass departures in the future.
We believe that there is no single main reason why the number of people leaving has now reached a level that can be offset by new attorneys. Rather, it is a combination of various factors at play: the decline in the number of attorneys has created a series of intractable problems, which in turn has necessitated providing lawyers with a bit more protection from disbarment. Additionally, it appears that those whom the state initially wanted to punish have already left, so the numbers have stabilised and even begun to increase.
However, in our opinion, even though we may no longer observe systematic and massive repressive practices of depriving attorneys of their licences, this does not mean that the illegal conditions under which lawyers work have changed. Attorneys remain under close scrutiny and can be punished for even minor reasons, such as disagreeing with the official ideology, despite universally accepted guarantees for the safety of the legal profession. The existing conditions for legal practice today are as follows: keep silent, protect the client only within the confines of the process, engage in propaganda, and vote correctly. Unfortunately, such operating principles are not a temporary deviation from the standards but have become the baseline for an indefinite period in the future.
On the other hand, according to information from our sources, there is an understanding within the bar — if not of the wrongness of the policy of repression, then at least of the obvious negative results of reducing the number of attorneys and the problems that have arisen because of it.
Thirdly, it is clear that the more significant impact on the total number of attorneys during the period considered (2021-2024) is the decrease in the outflow of those leaving the profession compared to the inflow of new specialists occupying "vacant" positions. Therefore, naturally, if almost all those who did not see themselves fitting into the new conditions have already left the bar in 2021-2023, we will not observe mass departures in the future.
We believe that there is no single main reason why the number of people leaving has now reached a level that can be offset by new attorneys. Rather, it is a combination of various factors at play: the decline in the number of attorneys has created a series of intractable problems, which in turn has necessitated providing lawyers with a bit more protection from disbarment. Additionally, it appears that those whom the state initially wanted to punish have already left, so the numbers have stabilised and even begun to increase.
However, in our opinion, even though we may no longer observe systematic and massive repressive practices of depriving attorneys of their licences, this does not mean that the illegal conditions under which lawyers work have changed. Attorneys remain under close scrutiny and can be punished for even minor reasons, such as disagreeing with the official ideology, despite universally accepted guarantees for the safety of the legal profession. The existing conditions for legal practice today are as follows: keep silent, protect the client only within the confines of the process, engage in propaganda, and vote correctly. Unfortunately, such operating principles are not a temporary deviation from the standards but have become the baseline for an indefinite period in the future.
Alena Shynkarevich, a human rights lawyer deprived of the right to practise in Belarus, offers her comments on trends in the legal profession:
“I believe that the gradual increase in attorneys and the decrease in the number of repressions within the bar is a completely natural process that reflects the situation in the country as a whole. However, it should be noted that the decrease in repression is quantitative, not qualitative. This reduction is caused by several factors:
1. The purging or voluntary departure of the most principled attorneys who are unwilling to pretend that nothing terrible is happening.
2. The establishment of an atmosphere of fear and danger, effectively reducing any form of expression (importantly, even speech is not manifested) to zero.
3. The critical number of attorneys necessary to ensure the appearance of legal proceedings.
4. An insufficient number of attorneys for the self-sufficiency of bar associations.
5. A decrease in events aimed at showcasing the legal profession's loyalty to the regime, indicating that the immediate 'fire' has been quelled.
Unfortunately, alongside these developments, there is another terrible and irreversible consequence: a complete drop in the prestige, importance, and respect for attorneys from the law enforcement and judicial systems. This decline cannot be remedied by constructing 'palaces of the bar,' which V. Chaichyts dreamed of in 2020. Now, practically any precinct officer feels entitled to 'put an attorney in their place,' which undermines the right to a fair trial at its very foundation.
Despite the unenviable position of attorneys, new people will certainly join the bar. These will include former civil servants who wish to try a freer life and hope to leverage existing connections in their practice. The number of lawyers graduating from universities also contributes to filling vacant positions. However, once again, we are witnessing quantitative, not qualitative, growth. In a situation where you can lose your job at the snap of any policeman's fingers, it's hardly possible to talk about improving the quality of the bar.
In my opinion, the trend of increasing the number of lawyers will continue, but the repression will not stop —it will simply not be as massive as before. The current policy of the regime aims to instil fear and a sense of powerlessness in every person, including attorneys. The regime envisions the role of an attorney in its own way and will permit the practice of law only according to its script. Any deviation from this script will result in the loss of a licence at best. Under such conditions, the work of an attorney — who by the nature of the profession is almost always in opposition to the state — will remain contradictory: you either do your job well and take significant risks, try to manoeuvre by doing your job but not exceptionally, or you play by the given rules, making it difficult to provide quality legal assistance.”
“I believe that the gradual increase in attorneys and the decrease in the number of repressions within the bar is a completely natural process that reflects the situation in the country as a whole. However, it should be noted that the decrease in repression is quantitative, not qualitative. This reduction is caused by several factors:
1. The purging or voluntary departure of the most principled attorneys who are unwilling to pretend that nothing terrible is happening.
2. The establishment of an atmosphere of fear and danger, effectively reducing any form of expression (importantly, even speech is not manifested) to zero.
3. The critical number of attorneys necessary to ensure the appearance of legal proceedings.
4. An insufficient number of attorneys for the self-sufficiency of bar associations.
5. A decrease in events aimed at showcasing the legal profession's loyalty to the regime, indicating that the immediate 'fire' has been quelled.
Unfortunately, alongside these developments, there is another terrible and irreversible consequence: a complete drop in the prestige, importance, and respect for attorneys from the law enforcement and judicial systems. This decline cannot be remedied by constructing 'palaces of the bar,' which V. Chaichyts dreamed of in 2020. Now, practically any precinct officer feels entitled to 'put an attorney in their place,' which undermines the right to a fair trial at its very foundation.
Despite the unenviable position of attorneys, new people will certainly join the bar. These will include former civil servants who wish to try a freer life and hope to leverage existing connections in their practice. The number of lawyers graduating from universities also contributes to filling vacant positions. However, once again, we are witnessing quantitative, not qualitative, growth. In a situation where you can lose your job at the snap of any policeman's fingers, it's hardly possible to talk about improving the quality of the bar.
In my opinion, the trend of increasing the number of lawyers will continue, but the repression will not stop —it will simply not be as massive as before. The current policy of the regime aims to instil fear and a sense of powerlessness in every person, including attorneys. The regime envisions the role of an attorney in its own way and will permit the practice of law only according to its script. Any deviation from this script will result in the loss of a licence at best. Under such conditions, the work of an attorney — who by the nature of the profession is almost always in opposition to the state — will remain contradictory: you either do your job well and take significant risks, try to manoeuvre by doing your job but not exceptionally, or you play by the given rules, making it difficult to provide quality legal assistance.”
Alena Shynkarevich
a human rights lawyer deprived of the right to practise in Belarus
