86.
Currently, internal oversight mechanisms are not effective in reviewing incidents of injury
or loss of life resulting from the use of force by law enforcement personnel. In addition, the
police are generally distrusted and perceived as being corrupt and lacking professionalism.
For these reasons, it is important to create platforms, open to civil society and other nonpolice actors, including women’s groups, to discuss the work of the police and its
performance and to put in place conditions for greater public accountability of law
enforcement officials.
Administration of justice reforms
87.
As noted in previous reports, many of the concerns that led to the Maidan events and the
crisis in the east are systemic ones, rooted in a weak rule of law and the absence of
effective checks and balances. The law “On the restoration of the credibility of the judiciary
in Ukraine” developed a mechanism for the dismissal of judges who have discredited the
judiciary institution by violating professional and ethical standards or being corrupt. A
lustration procedure has been put in place to undertake a vetting of judges. However it does
not follow some generally recognized requirements in the area of judicial proceedings. For
example, past court decisions can be scrutinized by an ‘Interim Special Commission’,
which can decide to immediately dismiss judges. The Commission held its first session on
3 July, elected its head and deputy head, but has not initiated any vetting yet. There is
concern that the implementation of the law could lead to unjustified and non-motivated
dismissals of judges and jeopardize the administration of justice. There is an urgent need to
strengthen the institutional independence of the judiciary. This can be done by ensuring,
among other things, that the appointment and dismissal of judges, as well as the initiation
of disciplinary proceedings against them, leave no room for undue political or other
pressure. On matters of judicial self-administration, international standards require that any
decision affecting the selection, recruitment, appointment, career progress or termination of
office of a judge should be taken by an independent authority within which at least one half
of those who sit are judges elected by their peers. However, the High Council of Justice,
which plays a central role in the appointment judges, does not fulfil this requirement: only
3 out of 20 members are appointed by the Congress of judges. In addition, when appointed,
judges serve for a 5-year trial period after which they can be elected by parliament to a
lifetime position. This lengthy trial period is of concern as it opens up the possibility for
undue influence on the decision-making of judges during that time. Legal and constitutional
amendments should address obstacles to an independent judiciary, namely the role and
composition of the High Council of Justice; the length of the trial period, and the role of
Parliament in the appointment process. The authorities must also ensure that the justice
system is sufficiently funded from the state budget. This would lower the dependency of
the judiciary on public and private interests, and minimize the risk of corruption.
88.
No progress has been made in reforming the prosecution system, which is another pillar
of the justice system, and many recommendations have been made to that effect. The
prosecution used to have broad powers outside the criminal justice process. Legal
amendments in 2012 reduced them slightly by narrowing prosecutorial general supervision
over the application of laws and abolishing the power to issue orders that have the effect of
suspending an action undertaken/required. (“submissions”). In addition, the new Criminal
Procedure Code, in force since November 2012, gives the Prosecution Service a greater
role within the criminal justice process, which is a positive development. However, these
measures are insufficient. It is important to provide the prosecution with a clearer mandate
focused on leading pre-trial criminal investigations and prosecutions. Such changes can be
implemented by amending the law “On the Prosecutor’s Office” and possibly the
Constitution. It should also be noted that no progress has been made in establishing a State
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