Ukrainian authorities have taken important steps in addressing electronic evidence in criminal proceedings, particularly in the investigation and prosecution of war crimes. Ensuring that such evidence is obtained lawfully, properly preserved and effectively presented in court is essential for fair and effective criminal justice.
On 23 October 2026, Ukrainian judges and prosecutors took part in a simulation exercise aimed at strengthening their practical skills in handling electronic evidence. Through a simulated war crime investigation and subsequent court proceedings, participants explored the collection, acquisition, analysis and use of electronic evidence, with particular attention to the procedural, technical and international aspects of this work.
The exercise provided an opportunity to practise cooperation between different actors in criminal proceedings and discuss the challenges involved in using electronic evidence in war crime cases. Particular attention was paid to the arguments of the prosecution and the defence concerning the admissibility, relevance, reliability and sufficiency of such evidence.
Participants also worked on strengthening inter-agency coordination and international cooperation in criminal proceedings involving electronic evidence. They explored appropriate legal and procedural mechanisms for obtaining different categories of electronic evidence, as well as opportunities for direct cooperation with service providers as permitted by law.
The practical sessions focused on improving participants’ skills in analysing, assessing and presenting electronic evidence in court, while addressing complex issues faced by both the prosecution and the defence when evaluating such evidence.
Through this practical learning format, the Council of Europe contributes to strengthening the capacity of judges and prosecutors to handle electronic evidence in line with human rights standards and fair trial requirements.
The event was organised by the Council of Europe within the framework of the projects “CyberUA: Strengthening capacities on electronic evidence of war crimes and gross human rights violations in Ukraine” 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 and Reconstruction” 2023-2026.
