During 2019, according to the claims received by the People's Advocate Office, the most
frequently invoked as a violation was the right to a fair trial - 207 claims. Most of them, 124
claims, came from detainees, who invoked various aspects.
One problem identified in the claims received was the manifestation of dissatisfaction with
the provision of qualified legal assistance provided by lawyers within the National Council for State
Guaranteed Legal Aid (NCSGLA). The manifestation of the unworthy attitude during the exercise
of the duties by the lawyers, by not informing the beneficiary of the legal assistance about the
procedural rights and obligations, leads to the violation of the right to a fair trial. As a result, the
beneficiary of legal assistance omits the terms for challenging the actions and procedural documents
of the court, the prosecutor and the bailiff. The citizen, being outside any term to challenge the
procedural actions, is unable to defend his/her injured right.
Another aspect identified is the inaction of the lawyer at the request of the beneficiary of legal
aid to draw up or take any procedural actions, the lawyer limiting himself only to promises.
The beneficiaries also invoke the fact that the lawyers do not attend the court sessions, do not
announce about this fact and they appear unprepared, reasoning that they did not have enough time
to get acquainted with the file.
In the context of the previous recommendations submitted to NCSGLA, during 2019 the
People's Advocate monitored their implementation.9
Thus, the People's Advocate was informed that the Lawyers' Training Centre (LTC) has
announced that it intends to move to another stage of institutional capacity development. In this
regard, new standards will be developed, thorough planning will be done and the tasks formulated
by the Bar Association will be carried out.
According to the Center, there has been submitted a request to the Bar Association on the
interpretation and implementation of the rules relating to the CIA provided for in the Status of the
profession of lawyer.
Another problem identified is the delay in examining the cases by the courts in the process of
reorganizing the courts. The beneficiaries did not know in which court and to which judge the case
was distributed and when the examination would be resumed.
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- warning the NCSGLA territorial Offices about the quality and timely provision of state-guaranteed legal aid by
lawyers appointed for this purpose; informing the applicants in the near term about the decisions taken regarding the
lawyers appointed in order to provide state-guaranteed legal aid.
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