Back Ukraine – amicus curiae brief on separate appeals against interim measures of first instance courts

0939/2018

Requested by: Ukraine, Constitutional Court

Measures taken: The Constitutional Court of Ukraine decided a case covered by the scope of the amicus curiae brief. Referring to the brief, the Court noted that in its Recommendation Rec(2006)13 on the use of remand in custody, the conditions in which it takes place and the provision of safeguards, the Committee of Ministers of the Council of Europe had established standards that went even further than the case-law of the European Court of Human Rights. The Constitutional Court found that the lack of a procedure in Ukrainian's domestic law for an individual to appeal against first instance court rulings on preventive measures, before the case is resolved on the merits violated the Ukrainian Constitution.

03/2019
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