A/HRC/45/CRP.9 169. While most of these violations have persisted throughout the reporting period, OHCHR findings suggest that the frequency of attacks against lawyers and acts of pressure on judges by the prosecution and groups that promote violence has decreased since 2018. Additionally, the annulment of article 176.5 of the CPC in June 2019 has resulted in a decrease in violations of the right to liberty pending trial. 170. The majority of these violations could in fact be addressed through existing procedural safeguards, without legislative amendments, as they are for the most part a result of the authorities’ lack of enforcement of relevant fair trial guarantees, or of the authorities tolerating violations when committed against individuals prosecuted for affiliation or links with self-proclaimed ‘republics’. In order to ensure compliance with the right to liberty of persons, all allegations of unlawful arrest should be investigated under article 371 of the Criminal Code. Courts must ensure that their decisions to remand defendants in custody pending trial are in line with the requirements of articles 176 and 177 of the Criminal Procedure Code, and lawyers should be disciplined for violations of the code of professional conduct. Similarly, any interference with the independence of judges should be investigated under articles 376 or 377 of the Criminal Code. Attacks against lawyers should trigger investigations under articles 397 to 400 of the Criminal Code, taking into account the victims’ special status and protection needs. By virtue of article 474.6 of the Criminal Procedure Code, judges are authorized to request any documents they deem necessary when reviewing plea bargains, in order to ensure the genuineness of the defendants’ intention to plead guilty. 171. Addressing other violations would require legislative amendments, as set out in the recommendations below. 172. In self-proclaimed ‘republics’, OHCHR findings suggest that the bodies processing conflict-related cases are neither independent nor impartial, and the proceedings themselves are rife with violations of international human rights standards on fair trials, as well as arbitrary detention and use of torture and intimidation. 173. In Crimea, the continuing wholesale application of Russian Federation criminal legislation, as well as the manner in which criminal law and procedure are applied, violate both international humanitarian law and international human rights law. Russian Federation authorities must respect their obligations as an occupying Power and ensure that general principles of law and fair trial rights are respected 174. The majority of the violations of international humanitarian law and international human rights law described in this report are systematic in nature, and may amount to war crimes. 175. The recommendations formulated below include measures for preventing further violations of the right to a fair trial, not only in conflict-related criminal cases. Some of the recommendations are drawn from previous OHCHR reports on the human rights situation in Ukraine, as they remain relevant. 176. Recommendations to the Government of Ukraine: To the Parliament of Ukraine: (a) Ensure that any legislation regarding criminal responsibility of judges corresponds to international standards guaranteeing their independence through functional immunity. The provisions that criminalize misconduct of judges should be formulated precisely enough to guarantee their independence and functional immunity in interpretation of the law, assessment of facts or weighing of evidence; (b) Amend the procedure of launching investigations against judges to ensure better protection against attempts of influence through procedural safeguards for all judges; (c) Amend the Criminal Procedure Code to allow a full retrial in criminal proceedings conducted in absentia, including after a verdict has been delivered, upon the request of the accused who has surrendered or has been detained by the Ukrainian authorities; To the State Bureau of Investigation: 36

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