On 11 May 2023, the Council of Europe (CoE), in cooperation with the National School of Judges of Ukraine (NSJU), organised an awareness raising seminar for judiciary on the issues of derogation from the obligations under the European Convention on Human Rights in the context of armed conflicts. More than 68 judges as well as representatives of the NSJU took part in the seminar.

During the seminar, the international expert of the Council of Europe Mr Lilian Apostol conducted a general overview of the international standards on derogation issues and presentated the Legal Analysis of the derogation made by Ukraine under Article 15 of the European Convention on Human Rights and Article 4 of the International Covenant on Civil and Political Rights.

Mr Jeremy McBride, international consultant of the Council of Europe, barrister of Monckton Chambers, member of the Council of Europe Expert Advisory Group to the Office of the Prosecutor General of Ukraine, made an overview of the case-law of the European Court on Human Rights on the application of derogation in time of emergency with respect to Article 5 of the European Convention on Human Rights.

The national experts of the Council of Europe Mr Sergiy Zaets, attorney, and Ms Daria Svyrydova, attorney, presented the Guide for judiciary on the issues of derogation and the application of the European Convention on Human Rights in criminal proceedings during war in Ukraine or other public danger that threatens the life of the nation.

The event was organised within the framework of the Council of Europe Projects “Ensuring the effective implementation of the right to a fair trial (Article 6 of the ECHR) in Ukraine” (funded by Human Rights Trust Fund) and “Fostering Human Rights in the Criminal Justice System in Ukraine” which is part of the Council of Europe Action Plan for Ukraine 2023-2026.