Representatives of the UHHRU, Mykhailo Tarakhkalo and Vitaliia Lebid, participated in the session of the Constitutional Court of Ukraine in the case concerning the effectiveness of the investigation of crimes by the investigating authorities of the State Criminal-Executive Service of Ukraine.
On June 22, 2017, the Constitutional Court began consideration of the case on the constitutional submission of the Ukrainian Parliament Commissioner for Human Rights on the compliance (constitutionality) of the provisions of Article 216 of the Criminal Procedure Code of Ukraine with the Constitution of Ukraine.
Representatives of the Ukrainian Helsinki Human Rights Union were involved in the case by the Constitutional Court.
The UHHRU experts have prepared a legal opinion (amicus curiae)on the constitutionality of part 6 of Article 216 of the Criminal Procedure Code of Ukraine.
The Union believes that the said provision of the law leads to the institutional dependence of the investigating authorities and violates the requirements of the Convention for the Protection of Human Rights and Fundamental Freedoms regarding the independence of the investigation authorities and, accordingly, will ineffectively investigate crimes and violate Ukraine’s international obligations. At the same time, the provisions of the Constitution of Ukraine are based on European values and European constitutional tradition, and therefore the level of protection of established rights must coincide with the corresponding guarantees specified in the Convention.
Thus, the said provision of the criminal procedural law violates constitutional rights, namely the obligation to conduct an effective investigation, which follows from the provisions of the first and second paragraphs of Article 27 and the second part of Article 28 of the Constitution; limits the existing volume of human rights in violation of part three of Article 22 of the Constitution, and also violates the rule of law guaranteed by part one of Article 8 of the Constitution.
During the hearing in the Constitutional Court of Ukraine on June 22, 2017, the opinions of the parties and the parties involved of the proceedings were presented. As a result of the hearing, a break was announced in the court.
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