A/HRC/43/CRP.5 OHCHR is concerned, however, that courts have not granted bail in cases involving nonviolent crimes where the defendant had previously complied with bail requirements. 48 In, at least, seven cases during the reporting period, courts denied such individuals release on bail. 59. OHCHR continued to document violations of the right to trial without undue delay. During the reporting period, in three cases49 OHCHR observed that judges unreasonably failed to consider the merits of conflict-related criminal cases, and held hearings only once every two months, for the sole purpose of extending the defendants’ custody. In 32 cases followed by OHCHR, defendants had been in pre-trial detention for more than three years. Prosecutors’ failure to ensure prompt proceedings also contributed to delays. OHCHR observed that prosecutors in conflict-related cases failed to appear for hearings, and failed to submit evidence or bring witnesses in a timely manner. In one case, a trial court adjourned a hearing for two months in a trial that had already been running for one and a half years due to the failure of the substitute prosecutor50 to submit evidence to the court. While this blocked consideration of the case on its merits and delayed the trial even further, the prosecutor stated during a hearing that he was only present in court to request the extension of pre-trial detention. 60. OHCHR recalls that expeditiousness is an important aspect of the fairness of trials, particularly in cases where individuals are held in pre-trial detention. It is the duty of Ukrainian courts to guarantee the right of all individuals to a trial without undue delay by ensuring that all parties to the proceedings comply with their procedural duties. The courts must also consider alternatives to pre-trial detention in order to avoid extremely prolonged custody of the defendants. In this context, OHCHR welcomes legislative amendments adopted on 4 October 2019 that annulled rules of the Criminal Procedure Code that caused significant delays in pre-trial investigation and trials and simplified the procedure for conducting preliminary hearings.51 61. OHCHR documented violations of the right to legal assistance, which were caused by both a lack of access to legal counsel immediately after apprehension, and the poor quality of legal services provided by free legal aid lawyers. 52 Individuals complained to OHCHR that state-appointed lawyers made no effort to protect them and even gave legal advice that contravened their interests. In one emblematic conflict-related criminal case,53 a lawyer agreed that a hearing be held in the absence of his client who was not brought to the court from the SIZO, despite the presence of the defendant being mandatory under the criminal procedure code. OHCHR recalls that legal counsel provided by the competent authorities must provide effective representation of the accused. 54 OHCHR therefore encourages the Coordination Centre for Free Legal Aid Provision to conduct effective periodic assessments of the quality of legal services provided by lawyers working with free legal aid centres, and to establish a system for remedial action where required to ensure the quality of free legal aid in individual cases. 48 49 50 51 52 53 54 20 The investigative judge shall set the bail deposit in case of a ruling on pre-trial detention. No bail deposit may be set if the defendant is charged with a violent crime, a crime causing human death, or if the defendant has not complied with a previous measure of bail. See art. 183.3 and 183.4, Criminal Procedure Code of Ukraine. HRMMU trial monitoring on 28 October 2019, Prymorskyi district court of Odesa, trial monitoring on 23 September, 23 October 2019, Prymorskyi district court of Odesa, A prosecutor who was included in the group of prosecutors on the case but did not regularly take part in the proceedings. The Law of Ukraine “On amending certain legal act in relation to improvement of certain provision of the criminal proceedings legislation”, law No. 187-IX. It inter alia, cancelled the obligation of the court to hear the full text of indictments and full statements from civil suits during the hearing. OHCHR has found that, in complex criminal proceedings, the reading of indictments may take several months depending on the frequency of hearings and their duration. HRMMU interview 9 October 2019. HRMMU trial monitoring in Luhansk Appeal Court on 4 September 2019. Human Rights Committee General comment No. 32 (Article 14: Right to equality before courts and tribunals and to a fair trial), para.38.