A/HRC/40/CRP.3 There is no way to be released other than to sign a plea bargain. - A detainee in the Odesa SIZO. 63. According to the information73 received by OHCHR, the SIZO administration placed the three defendants in punishment cells at least a dozen times, to force them to admit guilt in court, while the prosecution failed to meaningfully investigate the allegations of illtreatment. OHCHR emphasizes that the right not to be compelled to testify against oneself or to confess guilt comprises the guarantee of absence of any direct or indirect physical or undue psychological pressure with a view to obtaining a confession of guilt. 74 64. Despite the prohibition of unreasonably lengthy pre-trial detention and the need to reconsider alternatives to pre-trial detention,75 courts continue to put in custody individuals charged with links or affiliation with armed groups and crimes against national security relying solely on provisions of article 176.5 of the Criminal Procedure Code of Ukraine. OHCHR is aware of at least 46 cases, where defendants had been in pre-trial detention for over two years. In 11 of these cases the defendants have been in custody for over four years – equaling to eight years of imprisonment according to the ‘Savchenko law’.76 The situation is exacerbated by appeal courts’ heavy reliance on article 176.5 instead of international human rights law and the case law of the European Court of Human Rights. In some cases, defendants could not appeal due to the delay in obtaining court orders of their restraint measures, which violated their right to appeal. 65. OHCHR is also concerned that protracted trials in conflict-related criminal cases might be caused, inter alia, by the lack of judges. 77 In the majority of conflict-related criminal cases, the courts schedule hearings only once every month or two. 66. OHCHR continued to document cases of interference by members of extreme rightwing groups in criminal proceedings of conflict-related and high profile criminal cases through the intimidation of judges, defendants and their lawyers. In three documented cases78 members of extreme right-wing groups disrupted court hearings by verbally abusing judges and defendants. In one case, they beat a defendant in a conflict-related case outside the courtroom,79 but police did not stop the beating. 80 67. OHCHR is concerned about the lack of progress in the criminal case regarding the killing of journalist Oles Buzyna81 in 2015 and allegations of obstruction of justice. The High Council of Justice is still considering the issue of one of the judge’s removal for failing a qualification test.82 The judge had previously claimed she was made to fail the test 73 74 75 76 77 78 79 80 81 82 OHCHR interviews with the victims and their defense counsel, trial monitoring, government data. See Human Rights Committee, General Comment No. 32. Article 14, para. 41. See Human Rights Committee, General Comment No. 35 Article 9, para. 37. Para. 5 Art. 72 of the Criminal Code of Ukraine. In one such case, tried in the Zhovtnevyi district court of Kharkiv, five out of eight defendants are in custody although the court has not yet conducted the preparatory hearing. The defendants complained to OHCHR that the prosecution threatened them with indefinite custody unless they all accept guilty pleas. According to the High Qualification Commission of Judges of Ukraine, as of January 2019, Ukraine’s judicial system lacked 32 per cent of the judges needed to staff the country’s courts: 5,503 judges were employed out of 7,991 required. The number of judges, authorized to administer justice was even lower, as the tenure of 702 judges had terminated. As a result, 14 courts had no active judges and did not operate, while 124 courts lacked more than half of their judges. The data was proved on 30 January 2019 at OHCHR’s written request. Court hearings at the Dzerzhynskyi district court of Kharkiv, 12 December 2018, the Ordzhonikidzevskyi district court of Mariupol, 13 December 2018, and the Shevchenkivskyi district court of Zaporizhzhia, 21 January 2018. OHCHR trial monitoring at the Dzerzhynskyi district court of Kharkiv on 4 January 2019. Prior to the hearing, members of an extreme right-wing group organized a protest outside the court. See OHCHR report on the human rights situation in Ukraine, 16 May to 15 August 2018, para. 84. See High Qualification Commission of Judges decision of 6 August 2018, available at: www.vkksu.gov.ua/ 19