Back Ukraine’s judiciary needs more independence

Report on Ukraine

"Systemic deficiencies in the functioning of the Ukrainian judicial system seriously hinder the enjoyment of human rights. The authorities should take resolute steps to better address these problems" said today the Council of Europe Commissioner for Human Rights, Thomas Hammarberg, upon publishing a report based on the findings of his visit to Ukraine from 19 to 26 November 2011.

The Commissioner recommended simplifying the overall organisation of the judiciary and clarifying fully the respective roles and jurisdiction of different levels in the court system, in particular at the cassation level. Concrete measures are also needed to increase transparency of the judicial system and make it more open to public scrutiny.

The judiciary is still vulnerable to external interference, including of a political nature. "Decisive action is needed on several fronts to remove the factors which render judges vulnerable and weaken their independence. The authorities should carefully look into any allegations of improper political or other influence or interference in the work of judicial institutions and ensure effective remedies."

The Commissioner calls upon the Ukrainian authorities to establish fair procedures and criteria related to the appointment and dismissal of judges, as well as the application of disciplinary measures. He also recommends changes in the composition of the High Council of Justice, which presently does not correspond to international standards, and the provision of quality on-going training for judges, including on the jurisprudence of the European Court of Human Rights.

The imbalance between the defence and the prosecution remains an issue of serious concern. "It is important to ensure that the new Criminal Procedure Code will re-balance the system by providing for increased defence rights. Vigorous efforts are needed to ensure that fair trial guarantees as well as the principle of equality of arms are respected."

The Commissioner is also concerned by cases of abusive prosecutions, harassment, and other forms of pressure on lawyers, which impair defence rights and prevent lawyers from effectively serving the cause of justice.

He further stresses that "the ongoing reform of the criminal justice system represents a unique opportunity to address a number of structural problems, including excessively lengthy judicial proceedings, non-enforcement of domestic judicial rulings and the abusive use of remand in custody."

Finally, the Commissioner recommends stronger efforts to end impunity for ill-treatment by law enforcement officials. "The authorities should take urgent measures to prevent cases of ill-treatment by police officers and ensure their accountability for any criminal acts. Democratic oversight of the law-enforcement and security structures should be strengthened, including by ensuring individuals' access to a fully independent complaint mechanism."

Together with the report, the Commissioner made also public a letter addressed to the Prime Minister of the Autonomous Republic of Crimea, Anatolii Mohyliov, in which he recommends concrete measures to better protect the right of ethnic groups living in the Republic, in particular as concerns the preservation of language diversity and equal opportunities in accessing employment, decent housing and social protection.

Strasbourg 23/02/2012
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