Publication

Human Rights Organisations Call on Deputies to Ensure Implementation of European Court Decisions

ATTN: Chairman of the Verkhovna Rada of Ukraine Groysman V.B.

Heads of Deputy Factions

People’s Deputies of Ukraine

from the Human Rights Agenda Platform of Human Rights Organizations

 

Dear Mr. Groysman,

Dear Heads of Deputy Factions,

Dear People’s Deputies!

Ukraine is the European champion by the number of complaints filed with the European Court of Human Rights. The main reason for such an enormous number is non-implementation or improper implementation of the European Convention on Human Rights at the national level.   

At the same time, our country faces major problems with executing decisions of the European Court of Human Rights. Ukraine is in the top ten countries along with Bulgaria, Greece, Italy, Moldova, Poland, Russia, Romania, and Turkey, where there are regular delays of the European Court decisions implementation. Under conditions of the economic crisis, hryvnia devaluation, and Russia’s aggression, the government has difficulty in fulfilling its obligations, although it must bear responsibility for those.

The draft law “On Amendments to the Law of Ukraine “On Implementation of Decisions and Application of Practices of the European Court of Human Rights” as to Ensuring Execution of Court Decisions” (reg. No.0913), developed by the Verkhovna Rada of Ukraine Committee on Legal Policy and Justice, will favour solution of numerous issues that hamper implementation of ECHR decisions. 

The Government Agent before the European Court of Human Rights shall gain an opportunity to issue analytical opinion letters substantiating ECHR practices with respect to availability or lack of grounds for the Convention violation statement by the Court in specific cases. The term of ECHR decisions execution shall be determined, the procedure for translating decisions shall be improved, and the access to such decisions shall be facilitated. High specialized courts shall undertake to ensure proper implementation of the Convention and ECHR practices by courts. Furthermore, parties on a case or a relevant court on its own initiative shall have an opportunity to request an analytical opinion letter on ECHR practices as to specific issue from the Government Agent before the European Court of Human Rights. Thus, the draft law introduces the amicus curie preparation practice which is well-known in Western legal proceedings and is actually already applied in Ukraine. Famous experts in various areas of law and scientific institutions prepare legal opinion letters regarding complex issues of law that arise in certain lawsuits, and such opinion letters are of great help for judges while they substantiate adopted decisions. Payment of the fair compensation prescribed by the ECHR not only in monetary form, but in another form stipulated by the law, e.g. by means of promissory note payment, is introduced. The draft law also proposes to renew terms of ECHR decisions execution for those to whom ECHR decisions execution has been refused on any grounds.

Finally, the draft law contains specification of the conceptual apparatus of the Law of Ukraine “On Implementation of Decisions and Application of Practices of the European Court of Human Rights”; the terminology is harmonized with the requirements of the Convention for the Protection of Human Rights and Fundamental Freedoms.

We hereby urge you to do all in your power for including the draft law “On Amendments to the Law of Ukraine “On Implementation of Decisions and Application of Practices of the European Court of Human Rights” as to Ensuring Execution of Court Decisions” (reg. No. 0913) into the agenda of June 30 – July 3 plenary week. We kindly ask you to take all measures necessary for ensuring the aforesaid draft law review and adoption by the Verkhovna Rada of Ukraine in the second reading as the Law of Ukraine.

Deferment of this draft law approval increases Ukraine’s debts, damages our country’s international reputation, impedes positive changes in the justice system, as well as in the field of human rights and rule of law principle compliance on the whole.

As the President of Ukraine Petro Poroshenko has repeated many times, “Pacta sunt servanda” (“Agreements must be implemented”).

For more information, please, contact Borys Zakharov, head of the working team on protection of internally displaced persons (IDPs) and persons living in non-controlled and occupied territories, Ukrainian Helsinki Human Rights Union, phone: +380503014408.

For reference: The Human Rights Agenda Platform is an informal coalition of human rights organizations operating in the field of legislation monitoring, analysis, and development, subject to the main principles of human rights and fundamental freedoms. The Platform participants include Ukrainian Helsinki Human Rights Union, Kharkiv Human Rights Protection Group, Centre for Civil Liberties, Amnesty International Ukraine, Human Rights Information Centre, Law Enforcement Studies Centre, Human Rights House Kyiv, Social Action Centre, No Borders Project, Euromaidan SOS.

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