20 judges and 19 prosecutors from different regions of Ukraine have started the HELP tutored course “Right to Liberty and Security”, launched on 16 September in Kozyn.
The course focuses on the application of Article 5 of the European Convention on Human Rights, which guarantees the fundamental rights to liberty and security. Particular attention is given to one of the most complex structural challenges in Ukraine – unlawful arrests and unlawful or excessively lengthy pre-trial detention. .
It comes at a crucial time as in 2024 alone, the European Court of Human Rights (ECtHR) delivered 158 judgments against Ukraine, with 80 concerning violations of Article 5. With 180 such cases still under enhanced supervision of the Committee of Ministers of the Council of Europe, strengthening national capacity to uphold this right remains an urgent priority.
By providing practical guidance based on European standards and national case law, the course will help judges and prosecutors prevent future violations and ensure stronger safeguards for right to liberty in Ukraine. It also reaffirms a vital principle: even in times of war, the rights and freedoms guaranteed by the Convention remain fully in force and must be upheld.
Main speakers addressed the most pressing challenges related to Article 5 of ECHR in Ukraine:
- Oleksiy Hotsul, lawyer at the European Court of Human Rights, outlined major issues related to Article 5 in cases against Ukraine;
- Mykola Khavroniuk, national consultant of the Council of Europe, Doctor of Law, Professor, f Honoured Lawyer of Ukraine, Director for Scientific Development at the Centre of Policy and Legal Reform analysed Ukraine’s compliance with Article 5 and current ECtHR case law;
- Nazar Kulchytskyi, national consultant of the Council of Europe and head of “Nazar Kulchytskyi and Partners” law firm, shared pre-trial investigation practices in light of ECtHR standards; and
- Mykhailo Podoliak, Deputy Head of the Department for Human Rights Protection in Law Enforcement and Penitentiary Spheres at the Office of the Prosecutor General, outlined measures to ensure compliance with Articles 3 and 5 of the Convention in prosecutorial work.
The course was launched in cooperation with the National School of Judges of Ukraine and the Prosecutors’ Training Center of Ukraine, with the support of the Council of Europe Projects “HELP (Human Rights Education for Legal Professionals) for Ukraine, including during wartime - Phase II ”, and “Fostering human rights in the criminal justice system in Ukraine – Phase II”, implemented under the Council of Europe Action Plan for Ukraine “Resilience, Recovery, Reconstruction” (2023-2026).
Over the next three months, participants will follow the tutored course under the guidance of tutors Vadym Kuliebiakin, judge of the Chemerovetskyi District Court, Khmelnytskyi region and Yana Talyzina, prosecutor at the Office of the Prosecutor General, PhD in Law, who adapted the course to Ukrainian legislation and practice.
The HELP course “Right to Liberty and Security” is also available in self-learning format on the HELP Platform. With more than 21,299 Ukrainian legal professionals registered, Ukraine ranks second among the 46 Council of Europe member states. Currently, 39 HELP courses are available in Ukrainian (link here)
