A/HRC/43/CRP.5 E. Missing persons 55. The Commission on Persons Missing due to Special Circumstances, established in April 2019, has yet to launch its work.40 A step forward in ensuring the implementation of the law on missing persons41 was the approval by the Cabinet of Ministers, on 14 August, of a regulation on the management of the register of missing persons, 42 which is yet to be created by the Ministry of Justice. V. Administration of justice and accountability “As long as you’re making these motions [to acquaint himself with the case materials], you will sit [in detention].” - The presiding judge, to a defendant in a conflict-related case. A. Administration of justice in conflict-related cases 56. During the reporting period, OHCHR continued to document violations of fair trial rights in conflict-related criminal cases43 stemming from ineffective judicial oversight of pre-trial detention, protracted trials, and the poor quality of legal aid. 57. Between 16 August and 15 November 2019, courts of first instance passed 72 verdicts against 72 individuals in conflict-related criminal cases. Of these, two defendants were acquitted, 70 were found guilty, including five in absentia.44 58. OHCHR has been monitoring the implementation of the 25 June 2019 Constitutional Court decision to annul45 a provision requiring automatic pre-trial detention in conflictrelated criminal cases. Ukrainian courts must now apply pre-trial detention only as an exceptional measure,46 in line with international human rights standards.47 40 41 42 43 44 45 46 47 18 See OHCHR, Report on the human rights situation in Ukraine, 16 February to 15 May 2019, para. 55. Law of Ukraine “On the Legal Status of Missing Persons” no. 2505-VIII of 12 July 2018. Cabinet of Ministers Resolution no. 726 “On approval of the regulation on the management of a single State register of persons who went missing under special circumstances” of 14 August 2019. The crimes defined in articles 109-1141, 258-2585, 260 and 261 of the Criminal Code of Ukraine constitute “conflict-related crimes”. Unified Court Register, available at www.reyestr.court.gov.ua. Decision of the Constitutional Court of Ukraine, Complaints of Kovtun, Savchenko, Kostohlodov, and Chornobuk No. 7-р/2019 of 25 June 2019, available at www.ccu.gov.ua/sites/default/files/docs/7r_19.pdf. The decision found article 176.5 of the Criminal Procedure Code unconstitutional and annulled it. According to article 183.1 of the Criminal Procedure Code of Ukraine, pre-trial detention is an exceptional measure of restraint applied by the court only if the prosecutor can prove, that another, less intrusive measure of restraint, cannot mitigate the risks of flight, interference with the investigation or witnesses, and other similar risks. As a general rule, persons awaiting trial should not be detained. Pre-trial detention should be exceptionally applied, where it is necessary to prevent flight, interference with evidence or recurrence of crime, and should be an exception and as short as possible. ICCPR art. 9(3); European Convention on Human Rights art. 5(1)(c); Human Rights Committee, general comment No. 35, para.38.