A/HRC/41/CRP.2 percent understaffed,66 leading to a strained workload for judges,67 and hearings being scheduled only once every month or two. 62. Against this trend, as a positive development, in one documented case,68 a local court allowed a defendant to be released on bail, referencing international human rights standards and the case law of the European Court of Human Rights (ECtHR),69 in line with recommended practice.70 63. During the reporting period, OHCHR also documented attempts by activists to obstruct justice in one conflict-related case through the exertion of pressure on judges71 and the intimidation of the defence lawyer72 and the defendant.73 “We came to oversee the court, to ensure you pass the right ruling” – an observer to the trial, to the judge of a local court 64. OHCHR also notes with concern the absence of progress in the investigation and prosecution of previous attacks and intimidation of judges and defence lawyers in conflictrelated criminal cases, despite numerous complaints to the police and the High Council of Justice. 65. OHCHR is also concerned about the situation of individuals, who are ‘tried’ by ‘courts’ in territory controlled by ‘Donetsk people’s republic’ for crimes allegedly committed before the beginning of the armed conflict in eastern Ukraine. According to information received by OHCHR, such ‘trials’ are marked with many procedural violations jeopardising the rights of defendants to a fair trial. OHCHR is concerned that the conviction of individuals in such ‘courts’ may result in double jeopardy in case of their transfer to the Governmentcontrolled territory of Ukraine. B. Accountability for human rights violations 66. This reporting period marks the fifth anniversary of the culmination of the 2013-2014 Maidan protests and the violent events of 2 May 2014 in Odesa. No individuals responsible for acts of killing or violent deaths have been brought to justice in these cases, raising concerns about the authorities’ genuine intention to ensure accountability and justice for victims. 66 67 68 69 70 71 72 73 According to information provided by the High Qualification Commission of Judges in the letter of 23 April 2019. Judges in the Donetsk and Luhansk regions are also overloaded with civil cases, establishing birth or death certificates for individuals residing in territory controlled by ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’. According to article 317 of the Civil Procedure Code of Ukraine, the courts shall consider such cases urgently. Ruling of Velykonovosylivskyi district court of Donetsk region (27 February 2019). See http://reyestr.court.gov.ua/Review/80126440. According to the article 17 of the Law of Ukraine “On the Fulfilment of Decisions and Application of Practice of the European Court of Human Rights”, Ukrainian courts shall apply case law of the European Court of Human Rights as a source of law. HRMMU, Analytical paper on the human rights impact of article 176.5 of the Criminal Procedure Code of Ukraine, available at http://search.ligazakon.ua/l_doc2.nsf/link1/MU19012.html. OHCHR also made recommendations regarding the application of article 176.5 of the Criminal Procedure Code of Ukraine in its 21st report on the human rights situation in Ukraine covering the period 16 November 2017 to 15 February 2018. See paras. 44, 45 and 150. According to one judge’s complaint, on 21 March 2019 a hearing in the case was postponed. An activist outraged by this fact entered the judge’s office and began insulting the judge. Later, the activist published a post insulting the judge and other court judges on her Facebook page. Consequently, the judge recused herself from the case. OHCHR documented the presence of activists verbally abusing the defence lawyer during a court hearing. Some unidentified individuals in Vuhledar also put up leaflets accusing the defence lawyer of “defending armed insurgents”. OHCHR documented the presence of activists verbally abusing the defendant during court hearings. 19