A/HRC/45/CRP.9
ensuring that detention in a particular case is reasonable and necessary, and that this
reasonableness and necessity is periodically re-assessed.
B.
Right to trial without undue delay
49.
OHCHR observed that trials in conflict-related criminal proceedings were often
unnecessarily protracted, lasting in some cases more than four years, during which defendants
were held in custody, in violation of their rights to liberty and a trial without undue delay.
50.
The ICCPR emphasises that individuals charged with criminal offences have the right
to be tried without undue delay as an important aspect of fairness. 53 In addition to preventing
individuals from being kept in a state of uncertainty about their cases for too long, if the
defendant is held in detention pending trial this right aims “to ensure that such deprivation of
liberty does not last longer than necessary in the circumstances of the specific case, but also
to serve the interests of justice”.54 The reasonableness of any delay should be assessed by
considering the complexity of the case, the conduct of the accused and the manner in which
the matter was dealt with by the judicial authorities.55 In cases where the accused is held in
pre-trial detention, they must be tried as expeditiously as possible. 56
51.
The CPC enshrines the right to a trial without undue delay and refers to the same
criteria for assessing the reasonableness of delays as listed above.57
52.
OHCHR observed that trials in conflict-related criminal cases were frequently
delayed; 140 cases followed by OHCHR lasted more than two years, with 15 cases lasting
over four years. In all of these 15 cases, the defendants were held in pre-trial detention. In
many cases, the delays could not be justified by the complexity of the case or the conduct of
the accused, and therefore can constitute a violation of this right.
53.
Some delays were caused by the conduct of the prosecution. OHCHR observed that
courts adjourned hearings for up to two months upon prosecutors’ requests, referring to them
being ‘unprepared’, not having read case files or being ready to call witnesses. For example,
in one case, a woman was arrested with a bag of explosives which, according to the Security
Service of Ukraine (SBU), she was planning to detonate in central Kyiv. Despite the
compelling evidence against her58, the trial lasted more than two years, as the prosecution
failed to call its witnesses and otherwise present its case. During this period, the court failed
to ensure the expeditiousness of the process, tolerating repeated delays caused by the
prosecution and failing to hold regular hearings on the merits. For over two years, at the
hearings held once every two months, the court only considered the extension of her pre-trial
detention59, until she decided to plead guilty.60 The UN Human Rights Committee has stated
that when a suspect is arrested on the day of the offence and the factual evidence is
straightforward and requiring little investigation, substantial reasons must be shown to justify
a delay.61
53
54
55
56
57
58
59
60
61
12
Article 14. See also HRC, General Comment No. 32, paras. 27 and 35.
HRC, General Comment No. 32, para. 35.
Ibid.
Ibid.
Article 28.
The SBU had observed her for three weeks to collect evidence, before arresting her at the alleged
crime scene in possession of explosives. See the comment of the SBU to the video of her confession,
available at www.youtube.com/watch?v=2ad8r4X_2TY&feature=emb_logo.
The hearings took place on: 20 May 2015, 3 August 2015, 28 September 2015, 24 November 2015,
20 January 2016, 16 March 2016, 12 May 2016, 10 June 2016, 8 August 2016, 3 October 2016, 28
November 2011, 14 December 2016, 23 January 2017, 15 March 2017, 11 May 2017 and 2 June
2017.
Verdict of Pecherskyi district court of Kyiv of 2 June 2017, available at
www.reyestr.court.gov.ua/Review/66974597. OHCHR interviews, 17 July 2015 and 26 April 2016.
Sandy Sextus v. Trinidad and Tobago, Communication No. 818/1998, U.N. Doc.
CCPR/C/72/D/818/1998 (2001), para. 7.2.
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