A/HRC/43/CRP.7 European Convention on Human Rights (ECHR).48 The Government withdrew its derogation from ICCPR article 14 and ECHR article 6 (on right to a fair trial) with regard to the transfer of territorial jurisdiction of cases from courts located in territory controlled by the selfproclaimed ‘republics’ to courts located in Government-controlled territory.49 The Government also stated that measures invoked in the area of the anti-terrorism operation – namely the extension of the maximum period of preventive detention of suspects in terrorismrelated cases without a court review from 72 hours to 30 days and the transfer of certain powers held by investigative judges to prosecutors – are not applicable to the Joint Forces Operation which was enacted on 30 April 2018 (although formally these measures remain in force in national legislation). 71. This is the first time that the Government has altered the material scope of its derogation. OHCHR welcomes this positive development and encourages the Government to conduct regular and transparent reviews of the necessity and proportionality of its derogation50 and to lift it as soon as possible. 72. During the reporting period, OHCHR documented violations of fair trial rights, such as the rights to a public trial and to trial without undue delay, including in relation to the 29 December 2019 ‘simultaneous release’ of detainees, which has jeopardized the rights of both victims and defendants in conflict-related criminal cases. 73. Improving the administration of justice and countering impunity in line with OHCHR and other United Nations recommendations would significantly increase public confidence in the courts, which is an indicator to measure progress towards the realisation of SDG 16. 51 A. Impact of the simultaneous release of detainees on the rule of law 74. The simultaneous release of detainees on 29 December 2019 raises a number of human rights concerns in the sphere of administration of justice. Firstly, the release of individuals prosecuted for, or convicted of, human rights violations may deprive victims of justice, truth and redress. Secondly, the procedure under which individuals on trial were released may negatively affect their right to liberty should they appear for future trial 48 49 50 51 18 On 21 May 2015, the government derogated from certain provisions of the ICCPR, and the ECHR. See OHCHR Reports on the Human Rights Situation in Ukraine, 16 May to 15 August 2015, paras. 159-161 available at www.ohchr.org/Documents/Countries/UA/10thOHCHRreportUkraine.pdf, 16 May to 15 August 2016, paras. 15-17, available at ohchr.org/Documents/Countries/UA/Ukraine15thReport.pdf, 16 May to 15 August 2017, para. 160 available at www.ohchr.org/Documents/Countries/UA/UAReport19th_EN.pdf, 16 May to 15 August 2019, para. 20 available at www.ohchr.org/Documents/Countries/UA/UAReport19th_EN.pdf. The changes are connected to the enactment of law No. 2268 in February 2018 (Law of Ukraine ‘On particular aspects of public policy aimed at safeguarding the sovereignty of Ukraine over the temporarily occupied territory of the Donetsk and Luhansk regions of Ukraine’ No. 2268 of 18 January 2018) and the termination of the anti-terrorist operation in April 2018. According to article 1 of the Law of Ukraine No. 1632-VII (dated 12 August 2014), because it is impossible for certain courts to administer justice in the area of conduct of the Joint Forces Operation, civil, administrative, commercial and criminal proceedings would fall under the jurisdiction of courts located in Government-controlled territory as determined by the President of the Supreme Court. The Government withdrew its derogation from article 14 of the ICCPR and article 6 of the ECHR based on the judgments of the European Court of Human Rights which found that this measure did not violate fair trial rights (European Court of Human Rights, Case of Khlebik v. Ukraine, application no. 2945/16, Judgement, 25 July 2017; European Court of Human Rights, Case of Tsezar and Others v. Ukraine, applications no. 73590/14, 73593/14, 73820/14, 4635/15, 5200/15, 5206/15, 7289/15, Judgement, 13 February 2018). The Government confirmed that the change of the rules on territorial jurisdiction of court cases, which had prompted the derogation from article 14, continues to apply. On 19 April 2017, following OHCHR advocacy, the Government set up an Inter-agency Commission tasked with reviewing the scope and proportionality of derogation measures. However, its meetings as well as their outcomes have been closed to the public. See Ministry of Economic Development, Trade and Agriculture, Sustainable Development Goals: Ukraine – 2017 Baseline Study, p. 108.