Today, the ICJ called for the end of political interference with judicial independence in Ukraine during an interactive dialogue before the UN Human Rights Council after the update by the Deputy High Commissioner for Human Rights on the situation of human rights in the country.
The statement reads as follows:
The International Commission of Jurists deplores the continuing unwarranted interference of the executive with judicial independence in Ukraine which undermines the rule of law and human rights in the country, including the right to a fair trial.
Justice Olexandr Tupytskyi, President of the Constitutional Court (CCU), and Justice Oleksandr Kasminin were dismissed by Presidential Decree on 27 March 2021 outside of regular legal procedure. The Supreme Court annulled the Presidential Decree, but the justices have not resumed their functions as judges. This was followed by a still ongoing criminal investigation against the CCU President for abuse of power. Both actions appear to be linked to a CCU judgment with which the government disagreed.
On 26 November, two new judges were appointed by a Presidential Decree to replace judges Tupisky and Kasminin. The Constitutional Court, however, ordered a postponement of their taking the oath, because the previous judges had not been removed in accordance with the Constitution.
The presidential decrees removing the CCU judges, and the criminal investigation against the CCU President undermine the independence of the judiciary.
The ICJ calls on the Ukrainian authorities to unequivocally execute of the decision of the Supreme Court and reinstate judges Tupisky and Kasminin and desist from further interference with the independence of the judiciary.
Massimo Frigo, UN Representative, t: +41 79 749 99 49, e: massimo.frigo(a)icj.orgAdvocacyNon-legal submissions