Two-day Round Table on Recent Practice of the European Court of Human Rights in Cases Against Ukraine and Other Council of Europe Member States
On July 18 and 19, 2024, the Council of Europe within the framework of the projects "Support to the Functioning of Justice in the War and Post-War Context in Ukraine" and "Fostering Human Rights in the Criminal Justice System in Ukraine", together with the Supreme Court and the OSCE, held a two-day round table on recent practice of the European Court of Human Rights in cases against Ukraine and other Council of Europe member states.
Issues of implementing human rights protection standards were discussed, particularly in the context of the right to life, the prohibition of torture, inhuman and degrading treatment (Articles 2 and 3 of the ECHR), the right to liberty and security (Article 5 of the ECHR), the right to respect for private life and correspondence (Article 8 of the ECHR), the right to a fair trial (Article 6 of the ECHR), and the principle of legal certainty in the practice of the European Court of Human Rights. An overview of the decisions of the European Court of Human Rights issued in cases against Ukraine in 2022-2023 was presented, focusing on Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 1 of Protocol No. 1.
The first day of the round table was opened by Yaroslav Holovachov, Head of the Kyiv Court of Appeal, and Nataliia Stupnytska, Head of Democratisation and Good Governance, Rule of Law and Human Rights Component, OSCE Support Programme for Ukraine.
The Head of the Kyiv Court of Appeal thanked the judges of Chernihiv, Zhytomyr, and Sumy oblasts, "who risk their lives to ensure that justice does not stop". He also noted that the practice of the European Court of Human Rights (ECtHR) is studied and applied in the administration of justice, adding that "the decisions and practice of the European Court of Human Rights have a direct impact on the development and reform of modern national human rights protection systems and the application of European standards in the adoption of domestic court decisions".
Ms Natalia Stupnytska welcomed the participants of the event and emphasised the support of the OSCE and Council of Europe, as well as the fruitful cooperation with the Supreme Court. The Head of Democratisation and Good Governance, Rule of Law and Human Rights Component, OSCE Support Programme for Ukraine highlighted that the goal of such events is to enhance the capacity of the judiciary to ensure the delivery of fair justice during the war and in the post-war period, as well as to achieve consistency in judicial practice.
The second day of the round table was opened by Stanislav Kravchenko, Head of the Supreme Court, and Maciej Janczak, Head of the Council of Europe Office in Ukraine.
Stanislav Kravchenko emphasised that "in the context of Russia's full-scale war against Ukraine, the issue of adhering to convention standards becomes even more significant. The knowledge and understanding of the European Court of Human Rights' practices and their implementation into national law encompass the entire spectrum of the state's development – including legislation, judicial practice, and the construction of social life according to European standards". On behalf of the Supreme Court, he thanked the Council of Europe's Co-operation Programmes Division within the projects "Support to the Functioning of Justice in the War and Post-War Context in Ukraine" and "Fostering Human Rights in the Criminal Justice System in Ukraine", as well as the OSCE Support Programme for Ukraine within the framework of the project "Assisting Supreme Court and Higher Courts in Implementing Judicial Reform and War-related Justice", for their cooperation and assistance in holding a series of round tables.
Maciej Janczak, Head of the Council of Europe Office in Ukraine, expressed gratitude to the Supreme Court for the long-standing cooperation and noted that «such round tables provide for a good platform to consider relevant steps forward, to be based on professional discussions that will emerge from a collective effort». Mr Janczak highlighted Ukraine's commitment to executing the judgments of the ECtHR and upholding the rights guaranteed by the Convention. At the same time, he noted that there is still considerable work ahead to ensure the long-term effectiveness of the Convention system. The Head of the Council of Europe Office in Ukraine also assured that the Council of Europe stands ready to provide further policy and legal advice, technical expert support, and capacity building for the Ukrainian stakeholders with a view to achieving meaningful progress towards a more effective justice system in Ukraine.
The discussion also featured speakers including:
- Markiyan Bem, lawyer, partner at the law firm "Nazar Kulchytskyi and Partners", and national expert for the OSCE
- Nazar Kulchytskyi, lawyer, partner at the law firm "Nazar Kulchytskyi and Partners", and national expert of the Council of Europe
- Oleksandra Yanovska, judge of the Supreme Court, and national consultant of the Council of Europe
- Nataliia Marchuk, judge of the Cassation Criminal Court within the Supreme Court
This event is part of a series of round tables dedicated to discussing at the regional level the application of the standards of Articles 2, 3, 5, and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The previous round table took place in April with the participation of judges from Odesa and Vinnytsia oblasts.
The Council of Europe project «Support to the Functioning of Justice in the War and Post-War Context in Ukraine» is implemented by the Council of Europe within the framework of the Council of Europe Action Plan for Ukraine "Resilience, Recovery, and Reconstruction" for 2023-2026. The project aims to contribute to the development of the Ukrainian justice system in accordance with European standards by improving legislation and judicial practice, as well as supporting the activities of judicial self-governing bodies during and after the war.
The Council of Europe project «Fostering Human Rights in the Criminal Justice System in Ukraine» is implemented by the Council of Europe within the framework of the Council of Europe Action Plan for Ukraine "Resilience, Recovery, and Reconstruction" for 2023-2026. The project aims to assist Ukrainian state authorities in ensuring the effective functioning of the criminal justice system in the country in line with European standards in the field of human rights.
