A/HRC/45/CRP.9 54. Even though courts should act as guarantors of the expeditiousness of trials, 62 they systematically failed to address unreasonable delays stemming from the conduct of the parties. In the cases where the prosecution caused such delays, it appears that it was used as a tool to pressure the detained defendants.63 55. Undue delays also negatively affect the victims’ right to effective remedy. OHCHR followed 15 trials against members of the Ukrainian military or security forces prosecuted for human rights violations, which were characterized by undue delays. In these cases, the delays favoured the defendants, all of whom remained free pending trial. This delayed access of the victims to an effective remedy. In one example, three years after the court registered the case and had held numerous hearings on the merits, the court of appeal ruled to transfer the case of SBU officers accused of killing of Oleksandr Ahafonov on 14 November 2014 to another court, causing a retrial.64 Despite the gravity of charges, the defendants have not been dismissed from service, while the victim’s family continues to seek justice. 56. OHCHR notes that some delays are, in part, caused by severe understaffing of trial courts as a result of ongoing judicial reforms.65 For instance, trials in terrorism-related criminal cases are to be heard by a panel of three judges, which corresponds to the total number of judges in some courts in eastern Ukraine. 66 Hearings in these cases were therefore rarely held more often than once every two months, the minimum necessary to ensure that pre-trial detention or bail is extended every 60 days as required by law.67 While the problem of understaffing of courts remains unaddressed, the right to a trial without undue delay will remain in jeopardy. In this regard, OHCHR notes that when delays are caused by a lack of resources, additional resources should be allocated for the administration of justice to ensure protection of fair trial rights.68 C. Right to legal counsel 57. OHCHR is concerned that State-appointed lawyers in conflict-related criminal cases often did not act in the best interests of their clients, violating the accused’s right to effective representation. Whilst free legal aid lawyers have proved effective in other criminal proceedings,69 they appeared reluctant to confront investigators and prosecution in these sensitive proceedings. OHCHR also documented 12 attacks against privately-contracted lawyers dealing with conflict-related criminal proceedings. 58. The ICCPR guarantees the right to free and effective legal assistance in the interests of justice to a person who is unable to pay for it.70 The Government must ensure prompt access of individuals to their counsel, and that lawyers are guided by “generally recognized 62 63 64 65 66 67 68 69 70 CPC, article 28. For instance, in 36 cases OHCHR observed prosecutors not appearing for hearings or requesting the court to postpone the hearings because they were not ready to present their case and needed time to familiarize with the case file or ensure presence of their witnesses. See also OHCHR, Accountability for killings in Ukraine from January 2014 to May 2016, Annex I, paras. 71-73, available at www.ohchr.org/Documents/Countries/UA/OHCHRThematicReportUkraineJan2014May2016_EN.pdf; and OHCHR, Report on the human rights situation in Ukraine from 16 February to 15 May 2018, para. 57, available at www.ohchr.org/Documents/Countries/UA/ReportUkraineFevMay2018_EN.pdf. As of 1 January 2020, 32.6 per cent of judges’ positions in local general courts were vacant. High Council of Justice, Annual report on the ensuring of independence of judges in Ukraine for 2019, page 36, available at hcj.gov.ua/sites/default/files/field/file/shchorichna_dopovid_za_2019_rik.pdf. See OHCHR, Report on the human rights situation in Ukraine, 16 February – 15 May 2019, para. 61 available at www.ohchr.org/Documents/Countries/UA/ReportUkraine16Feb-15May2019_EN.pdf. CPC, article 197.1. HRC, General Comment No. 32, para. 27. The first all-Ukraine survey on the satisfaction with the services provided by the free legal aid system was conducted by Kyiv International Institute of Sociology from August 2018 to July 2019 assessing 1,200 beneficiaries of the legal assistance. According to the survey, 85 per cent of the beneficiaries were satisfied with the services they received. Results of the survey are available at bit.ly/333luRj. Article 14.3(d). 13