effective implementation of the new CCP provisions and examples of political interference in
legal proceedings (“new provisions, old instructions”) also constitute a challenge.
47.
According to the current provisions of the Constitution, judges are appointed for an
initial period of five years by the President, upon recommendation of the High Council of
Justice, based on a proposal from the High Qualifications Commission for Justice. After this
five-year probation period, they become eligible for life tenure by Parliament, upon proposal
of the High Qualifications Commission. This system opens the possibility for undue influence
on the decision-making of judges during their probation period. The role and composition of
the High Council of Justice and High Qualifications Commission as currently provided for in
the Constitution are also a cause for concern. The Minister of Justice is represented on the
High Qualifications Commission and can exercise considerable influence on the appointment
of, as well as on disciplinary procedures against, judges. The High Council of Justice is
composed of 20 members, the majority of whom have institutional links to the executive
branch.
48.
It should be noted that the CCP in place until 2012, conferred considerable discretion
to the Prosecutor throughout criminal proceedings, including with regard to decisions on pretrial detention. In addition, the public prosecutor’s multiplicity of roles is also a cause of
concern raised by many international human rights mechanisms. Aside from his responsibility
to conduct criminal investigations and prosecute persons formally accused, s/he oversees the
legality and human rights compliance of those investigations.
49.
Complaints and allegations of torture or ill-treatment are examined by the Public
Prosecutor’s office which is reluctant to pursue complaints and, through its work on criminal
investigations, has very close links with police forces. Article 216 of the new CCP provides
for the creation within five years (as of 2012) of a State Bureau of Investigation to investigate
allegations of human rights violations committed by judges, law enforcement officers and
high-ranking officials. However, no progress has yet been made towards its creation.
50.
In March 2014, the Ukrainian Parliament prioritized the adoption of legislation related
to prosecution, anti-corruption and law enforcement reform.
51.
The prevalence of impunity for human rights violations perpetrated by law
enforcement forces has been an issue for a long time in Ukraine. An overall reform of the
security sector needs to be undertaken. In this context, law enforcement officers should
receive adequate training with regard to international human rights norms and standards. All
acts of torture or ill-treatment should be investigated while also condemned firmly and
publicly by the Ukrainian Authorities.
52.
There has been a culture of effective impunity in Ukraine for the high level of criminal
misconduct, including torture and extortion, often committed by the police in the course of
their work. Structural shortcomings, widespread corruption, close functional and other links
between prosecutors and police, non-existent or flawed investigations into criminal acts
committed by the police, harassment and intimidation of complainants, and the subsequent
low level of prosecutions all fuel this lack of accountability for human rights violations. There
is a large number of detentions, many of which are not registered. Allegations of torture may
not be investigated effectively and promptly and complaints of such violations were generally
ignored or dismissed for alleged lack of evidence.
12 | P a g e
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