A/HRC/45/CRP.8
68.
On 11 June 2020, the Constitutional Court of Ukraine found unconstitutional
article 375 of the Criminal Code, which imposed criminal liability on judges for rendering
“deliberately unjust decisions”.42 The court concluded that the vagueness of the article
enhanced the risk of judges being subjected to interference in their decision making. OHCHR
welcomes this decision, having previously found that this article was used by the prosecution
in conflict-related criminal cases to interfere with the independence of judges.43
69.
OHCHR continued to observe delays in conflict-related criminal cases, caused by the
lack of judges, with more than 40 per cent of existing judicial positions vacant as of May
2020.44 OHCHR notes that the situation worsened following the dissolution of the High
Qualification Commission of Judges in October 2019 and the failure to constitute a new
Commission.45 This judicial governance body is responsible for selecting new judges and
conducting qualification assessments of active judges appointed before 2016. OHCHR
recalls that international human rights standards require States to organize their judiciary in
a way that allows for expeditious trials in all instances. 46
2.
Impact of COVID-19 on fair trial rights
70.
During the reporting period, OHCHR monitored the impact of COVID-19 quarantine
restrictions on access to justice and fair trial rights.47 According to an OHCHR survey
42
43
44
45
46
47
18
Decision of the Constitutional Court of 11 June 2020 No 7-р/2020. Available at
www.ccu.gov.ua/sites/default/files/docs/7_p_2020.pdf. The article is to be annulled in six months
from the adoption of the decision.
OHCHR, Report on the human rights situation in Ukraine 16 May to 15 August 2018, para. 66,
available at www.ohchr.org/Documents/Countries/UA/ReportUkraineMay-August2018_EN.pdf.
According to the Head of the Council of Judges. See www.rsu.gov.ua/ua/news/golova-radi-suddivukraini-bogdan-monic-vzav-ucast-u-zasidanni-plenumu-verhovnogo-sudu.
See the Law of Ukraine No. 193-IX of 16 October 2019.
See Human Rights Committee, General Comment No. 32, Article 14, Right to equality before courts
and tribunals and to fair trial, para. 27, 23 August 2007, CCPR/C/GC/32, available at
www.undocs.org/en/CCPR/C/GC/32.
On 27 March 2020 the High Council of Justice recommended courts to limit access to courts of
individuals who are not party to any proceedings and to shift to receiving documents in digital form.
On 30 March 2020, the Parliament adopted the law No. 731-IX allowing courts to hold hearings in
camera during the quarantine period to minimize threat to life and health of individuals.
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