Dr Simona Drenik Bavdek, Human Rights Ombudswoman, has submitted a third-party intervention to the European Court of Human Rights (ECtHR) in the case of Regvar v. Slovenia (no. 36538/25). This is the third time that the Ombudsman has made use of this possibility. On this occasion, she draws attention to the importance of confidentiality in communication between applicants for international protection and their legal representatives, as well as to the issue of legal professional privilege in the light of Article 8 of the European Convention on Human Rights, which guarantees the right to respect for private and family life. The principle is that communication between a lawyer and a client must remain private and confidential, enabling the client to disclose openly everything relevant to their legal representation.

Dr Drenik Bavdek emphasises that applicants for international protection are in a particularly vulnerable position and that access to confidential, high-quality legal assistance is essential for effective access to judicial protection. In her view, a system under which a refugee counsellor is required to disclose information obtained while representing an applicant in judicial proceedings to the competent authority constitutes a significant interference with the confidentiality of the relationship between a legal representative and a client, and undermines the trust that is essential for effective legal assistance.

In Slovenia, legal assistance and representation of applicants for international protection before the courts are, as a rule, provided by refugee counsellors, as stipulated in Article 9 of the International Protection Act. These counsellors lodge actions against decisions of the Ministry of the Interior and represent applicants before the courts free of charge. They are selected through a public call and appointed for a five-year term by the Ministry of Justice. To be entered on the official list, they must meet specific educational and professional criteria, including a university degree in law, specialised training, and an examination in international protection and asylum law. Both lawyers and other legal professionals who meet the prescribed requirements may be appointed as refugee counsellors.

The Ombudswoman points out that, in other judicial proceedings, legal representation may generally be provided by lawyers who have passed the state legal examination. If an asylum seeker opts for legal representation outside the system of refugee counsellors, they may be represented only by a lawyer who has passed the state legal examination (i.e. in practice, most often an attorney-at-law). Although applicants have the right to engage a lawyer at their own expense, it is estimated that only a negligible number do so, primarily due to the high costs involved. Free legal aid, on the other hand, is generally available only to Slovenian nationals. In practice, therefore, the state provides a form of free legal assistance and representation to applicants for international protection in judicial proceedings through the system of refugee counsellors.

In the Ombudswoman’s view, this arrangement also raises questions regarding the right to non-discriminatory treatment. While applicants who can afford a lawyer benefit from confidentiality protection under the Attorneys Act, those who depend on the system of free legal assistance provided by refugee counsellors are placed in a less favourable position.

In conclusion, the Ombudswoman further emphasises that trust and confidentiality are also essential in the handling of petitions submitted to the Ombudsman. Individuals are often unwilling to disclose sensitive information without assurances that it will remain confidential. Such circumstances may also relate to situations in which an applicant has been a victim or a witness of abuse or human rights violations.

For more details of the intervention of the Human Rights Ombudsman of the Republic of Slovenia, please click on the document on the right.