Interview with Natalia Matskevich published in "Eurasian Advocacy" magazine

Attorney Natalia Matskevich appears on the cover of the magazine Eurasian Advocacy, and an interview with her is featured in the "Person" section. In addition to sharing the story of her journey into the legal profession, Natalia discusses her views on the situation of the legal communities in Belarus and Russia.

"What the councils of territorial bar associations and the Belarusian Republican Bar Association represent today can hardly be called self-governing bodies. One might even say that the Belarusian bar lacks the characteristics of a professional association of attorneys — independence, self-governance, and self-regulation. Unfortunately, those attorneys who still work in Belarus, striving to fulfill the tasks and mission of the profession, are left alone to face the threats and risks it entails today".

Nevertheless, as Natalia notes, a significant number of attorneys who have been stripped of their status in Belarus are now outside the country. These individuals possess great intellectual potential, which is important to preserve, support, and develop. Natalia mentioned our project, "Right to Defence", which aims to maintain an understanding within the legal community of the principles of the rule of law and human rights. The project resists the normalization of practices that undermine and erode these values. It monitors all events occurring within the Belarusian legal profession and chronicles the persecution of attorneys.

The process of documentation and analysis is also carried out through the preparation of reports under the auspices of the Center for Constitutionalism and Human Rights at the European Humanities University, in partnership with Belarusian human rights organizations, the American Bar Association, and Lawyers for Lawyers. Among these reports are:

"The Crisis of the Belarusian Bar: How to Restore the Right to Defense"

"Belarus: The Crisis of the Legal Profession. Continued Repressions 2022–2023"

You can find convenient web versions of these reports on our website. These reports not only provide a retrospective assessment of violations of legal standards, attorneys’ rights, and guarantees in Belarus but also develop a program for future reforms of the legal profession. Currently, experts are working on drafting a Law on Advocacy based on this program.

The Center also launched a series of courses titled "Attorneys for the Rule of Law: Education and Professional Training”, conducted for attorneys from Azerbaijan, Belarus, Moldova, Russia, and Ukraine, with plans for continuation. Human rights education for attorneys is also being carried out through the "International Law in Advocacy BY" program, implemented in partnership with Belarusian human rights organizations.

With institutional and methodological support from the Center, the Belarusian Association of Human Rights Lawyers was established. It includes many attorneys who were forced to leave Belarus or were deprived of the right to practice within the country.

Comparing the Situations in Russia and Belarus, Natalia Matskevich emphasized a fundamental difference:

"The main problem of the Russian legal profession lies in the inaction or unworthy actions of the Federal Chamber of Attorneys (FPA). Does this mean that if it acted appropriately, the state would 'take its hands off' the legal profession? If so, then the Belarusian situation is significantly different. The legislative framework, which has effectively destroyed the independence of the legal profession, and the intense repressions that have created an atmosphere of helplessness among attorneys, originate precisely from the state. Even if we imagine that the so-called self-governing bodies of the legal profession in Belarus exerted all their efforts, they would hardly be able to stop this."

However, this argument cannot be used to justify the actions of the self-governing bodies, because, in the end, they themselves became instruments in the hands of the state, voluntarily relinquishing part of their functions and not resisting the reduction of the institution's independence.

"Moreover, the scale of repressions against Belarusian attorneys is hardly comparable to what is currently happening with the Russian legal profession. If we return to the numbers, the Belarusian bar has lost a quarter of its members over the past four years, many of whom are among the most professional and committed to the ideals of the profession. So, the 'Belarusian scenario' in its pure form is not yet being implemented in Russia (and may it remain so). But we see that authoritarian governments very quickly exchange and adopt each other's practices. Therefore, if the legal profession in Russia is considered a threat to the authorities, influencing the system or public opinion, then it is obvious that they will not cease attempts to subjugate it.”

When asked what needs to be implemented to restore the legal profession as an independent institution, the attorney mentioned the action plan developed by experts in the report "Crisis of the Legal Profession":

1.Urgent measures are needed to rehabilitate repressed attorneys and involve them in the processes of reforming the legal profession. It is also necessary to publicly acknowledge that the state and the governing bodies of the legal profession acted in previous years contrary to the standards of its independence. Until new legislation is adopted, the operation of those norms that serve as instruments of subordination of the legal profession and attorneys to the state should be suspended (in Belarus, these are the powers of the Ministry of Justice).

2.It is necessary to adopt a new Law on Advocacy and related legislation, primarily procedural laws, that comply with international standards. The future democratic state will need to take several practical steps in this direction: from changing the system and content of legal education to overcoming established practices of violating or ignoring the rights and guarantees for lawyers and their clients.

3.The question regarding the composition of the legal profession is also important. It is hardly acceptable that people who participated in making unlawful decisions against their colleagues or otherwise organized practices incompatible with the moral requirements of the attorneys’ profession remain within it. "But this is a very painful question. And we do not have an answer to it yet," admitted Natalia.

About the magazine "Eurasian Advocacy":

The central element of the editorial policy of "Eurasian Advocacy" magazine is focused on consolidating representatives of the legal community from all states within the Eurasian legal space by creating a unified platform for exchanging opinions, scientific knowledge, and practical experience. The magazine combines three areas of published materials: news and informational messages, scientific articles, and materials highlighting the practice of lawyers in various areas of their activities.