The Bar Association demands to restore lawyers' right to use their own laptops when visiting detention centers
The Bar Association of Ukraine issued a statement regarding changes to the Internal Regulations of the pre-trial detention centers of the State Criminal-Executive Service, which restrict the use of lawyers' own computer equipment when providing legal assistance to certain categories of detainees and convicts.
The basis for the appeal was the Ministry of Justice order dated May 11, 2026, No. 1209/5, registered with the Ministry of Justice under No. 647/46041.
The document establishes that under martial law conditions, lawyers and other persons providing legal assistance to suspects or accused in crimes against the foundations of Ukraine's national security are prohibited from bringing computer equipment into detention centers. It is proposed to use computers that are on the balance sheet of penal institutions to work with electronic materials.
The Ministry of Justice banned lawyers from bringing laptops to detention centers in national security cases
The legal self-government emphasizes that this is not a technical change in access regime, but a change in the conditions for exercising the right to defense for a specific category of persons. According to the Bar Association of Ukraine, the introduced restrictions directly affect the manner of providing professional legal assistance in criminal proceedings.
The statement notes that modern defense in criminal cases involves working with electronic case materials, digital evidence, legal databases, expert opinions, and large volumes of information. Therefore, depriving a lawyer of the ability to use their own equipment may affect the quality and effectiveness of the defense.
Lawyers raised concerns about risks to attorney-client confidentiality
One of the main arguments of the Bar Association of Ukraine is the threat to confidentiality. The statement emphasizes that using computer equipment owned by the detention center and controlled by its administration creates risks of third-party access to defense materials. This may concern electronic documents and procedural materials, as well as temporary files, access logs, metadata, and other information constituting attorney-client privilege.
The Bar Association stressed that the mere creation of conditions where confidentiality depends not on the lawyer and client but on the technical capabilities and organizational decisions of the detention center administration is sufficient to violate guarantees of legal practice.
The Bar Association referred to the Constitution and the Constitutional Court decisions
The document reminds that Article 59 of the Constitution of Ukraine guarantees everyone the right to professional legal assistance, and Article 64 does not allow restricting this right even during martial law or a state of emergency. It also cites the legal position of the Constitutional Court of Ukraine, which previously defined the right to legal assistance as an inalienable constitutional human right.
Additionally, the legal self-government noted that human rights and freedoms and guarantees of their implementation are determined exclusively by laws, not by subordinate normative acts.
The Bar Association demands a review of the Ministry of Justice order
The statement notes that before the changes, lawyers were allowed to bring laptops and other technical devices into detention centers after a security inspection without reviewing the content of documents. According to the Bar Association of Ukraine, this approach ensured a balance between security requirements and guarantees of the right to defense.
In this regard, the Bar Association of Ukraine called on the Ministry of Justice to review order No. 1209/5 and restore the procedure allowing the use of personal computer equipment after appropriate control. The Cabinet of Ministers, relevant committees of the Verkhovna Rada, the Verkhovna Rada Commissioner for Human Rights, and the Office of the Prosecutor General were also urged to evaluate the new rules.
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