Today, before the UN Human Rights Council, the ICJ called on Ukrainian authorities once again to ensure the independence of the judiciary and investigate attacks on lawyers, essential elements to make effective any human rights technical assistance and capacity building.
Today, before the UN Human Rights Council, the ICJ called on Ukrainian authorities to ensure the security of lawyers and the independence of the judiciary, essential elements to make effective any human rights technical assistance and capacity building.
The statement reads as follows:
“Madame President,
In Ukraine, a number of lawyers, including those who defend human rights, in and outside of courts, including to face threats, harassment, and other attacks on their security.
Lawyers continue to be associated with their clients and may face detrimental consequences for representing them.
For example, in November 2020, lawyer Nikolay Osipchuk was physically attacked by the local Prosecutor and several other people in the court room of a district court. A pattern of such attacks was identified by the ICJ in a report issued last year.
The ICJ is further concerned at recent the attempts of interference by the Government with the independence of the judiciary in Ukraine.
The ICJ welcomes the withdrawal of the presidential draft law by which all judges of the Constitutional Court would have been dismissed. However, it is concerning that, following a criminal case initiated against him, the President of the Constitutional Court was suspended by a decision of the President of Ukraine. This decision, on dubious legal grounds, undermines the independence of the judiciary.
The ICJ urges that Ukraine:
I thank you.”
Contact:
Massimo Frigo, ICJ UN Representative, e: massimo.frigo(a)icj.org, t: +41797499949
Today, the ICJ calls on the Ukrainian authorities to abandon a draft law which would dismiss the judges of the Constitutional Court of Ukraine, as a means of retaliation for a decision adopted by the Court and in order to circumvent the decision.
The authorities should also refrain from any other actions, including harassment of judges, which undermine the independence of the Constitutional Court.
“This draft law constitutes a direct attack on the ability of the judiciary to exercise its functions independently. It is incompatible with basic principles of the rule of law and the separation of powers, and with international standards on the independence of the judiciary,” said Róisín Pillay, Director of the ICJ Europe and Central Asia Programme.
“By the nature of their role, the judiciary, and especially constitutional courts may be required to decide on controversial matters. It is however essential that particularly in such cases, courts are able to operate without fear of retaliation or repression for the decisions they take,” she added.
The draft law on Restoring Public Confidence in the Constitutional Court, submitted by President Zelensky to the Ukrainian Parliament (Verkhovna Rada), aims to pronounce a decision of the Constitutional Court on anti-corruption legislation “void” and without legal consequences.
This runs contrary to the Ukrainian Constitution according to which “[d]ecisions and opinions adopted by the Constitutional Court of Ukraine shall be binding, final and may not be challenged” (Article 151-2).
The draft law would terminate the mandate of the judges of the Constitutional Court, in contravention of the Constitution of Ukraine as well as basic principles of independence of the judiciary, governing appointments, dismissal and security of tenure of judges.
The draft law provides that the powers of the Constitutional Court of Ukraine in force at the time of the decision on the anti-corruption law would be terminated from the date of entry into force of the law.
According to the explanatory note to the Draft Law, one reason the adoption of the law would be justified is because there had not been a “proper substantiation” of its judgment on the anti-corruption law. The note alleges that Court’s decision was adopted in the private interests of judges of the Constitutional Court of Ukraine, that its proper substantiation was not provided and that it contradicts the principle of the rule of law and denies the European and Euro-Atlantic choice of the Ukrainian people. The ICJ considers these allegations are inappropriate as they directly interfere with the judicial function of the Constitutional Court of Ukraine, contrary to the national legislation and international law on the independence of the judiciary.
On 2 November 2020, Oleksandr Tupitsky, the President of the Constitutional Court was summoned for interrogation by the State Investigation Bureau in connection with allegations against him of committing crimes as part of an organized group. The ICJ fears that this may be a form of pressure in relation to the Constitution Court’s decision.
Following these incidents, the Constitutional Court has stopped working as four of the judges refuse to take part in its sessions. The Court therefore lacks the necessary quorum to operate.
The ICJ calls on Ukraine to withdraw the draft law, and to refrain from any further reprisals against judges for their decisions.
Download
Ukraine-draft law constitutional court-News-ENG-2020 (full statement with background information)
The ICJ today highlighted the need for accountability for crimes under international law in Libya, and concerns for the independence of lawyers in Ukraine, at the UN Human Rights Council in Geneva.
The oral statement, delivered in the general debate on technical cooperation and capacity building, read as follows:
“Madame President,
The International Commission of Jurists (ICJ) welcomes the oral updates on Ukraine and Libya.
Technical assistance and capacity building objectives in Libya can only be achieved if the protection of human rights, entrenchment of the rule of law and pursuit of accountability are prioritized.
States should support the Fact-Finding Mission by extending its reporting mandate, increasing contributions to the UN budget necessary to establish the Mission’s secretariat, and fully cooperating with it.
States should also support the Berlin Process working groups, ensuring that the political and accountability pillars work in unison and making meaningful commitments to implement their recommendations.
Across all of Ukraine, lawyers continue to be associated with their clients and may face consequences for representing them by private individuals and also through abuse of legal proceedings. High-profile cases bear risks for independent lawyers who choose to diligently represent their clients.
The decline in security of lawyers in and outside of courts, and the problem of threats, harassment, and attacks against lawyers, should be addressed as a matter of priority, including through technical cooperation. Measures should be taken to build the capacity of law enforcement agencies and court security personnel to ensure that lawyers and others involved in court proceedings can work in an atmosphere free from intimidation, harassment, and improper interference.
Thank you.”
The ICJ in cooperation with the Ukraine National Bar Association will hold an online roundtable discussion “Security of lawyers and state of legal profession in Ukraine”.
The event of 18 September 2020 will assemble leading legal experts and practitioners from Ukraine and other countries who will discuss the state of the legal profession in Ukraine in light of the international standards on the role and independence of lawyers, and national legislation and practice. The discussion will center around the challenges to security of lawyers, especially where they protect human rights, as well as the institutional independence and self-governance of legal profession in Ukraine.
The round table follows an ICJ mission report, Between the Rock and the Anvil: Lawyers under Attack in Ukraine, that documents and analyses the state of the independence of the legal profession in Ukraine and risks that lawyers face in their work in defence of their clients.
The event is open for participation upon online registration. Please contact Leyla Madatli at Leyla.Madatli@icj.org.
The working languages of the event is Ukrainian, Russian and English. The roundtable will continue from 10.00 to 14.00 Ukraine time (CET 9.00-13.00).