The European Court of Human Rights has begun the consideration of the first plea on lustration in Ukraine, according to the lawyers of the National Legal Chamber.
What is peculiar about this case is the fact that the lawyers have managed to substantiate the impossibility of depletion of all means of defense on the national level , which means receiving final decisions of the Ukrainian courts. This is an unprecedented occurrence in the practice of the ECHR with regard to accepting pleas from Ukraine into its legal proceedings.
In their plea to the ECHR, the lawyers challenge the violation of procedure, the basis for dismissal, and legality of the dismissal itself within the framework of lustration in Ukraine. “In particular, emphasis was made on the violation of Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which concerns the illegality of individuals being placed on the register of persons subject to lustration without conducting judicial review”, Anna Samoylenko, lawyer and the Chair of the National Legal Chamber, pointed out.
The National Legal Chamber previously claimed that lustration in Ukraine had been executed with blatant violations of human rights. The Venice Commission also provided appropriate arguments in their report on the Law of Ukraine “On lustration”, yet there has been no reaction to the recommendations on the part of Ukrainian authorities. Therefore, the lawyers expect the increase in the number of appeals to the European Court of Human Rights in the nearest future.
Such tendency has become possible because in the national judicial system the plaintiffs cannot even obtain the decisions of trial courts on the lustration cases, and the very process of challenging the dismissals judicially has been blocked by the Constitutional Court stalling the consideration of the question of conformity of the provisions of the Law “On lustration” with the Constitution and the general collapse of judicial system. Let us remind that as early as last year, the lawyers initiated the submission of collective plea to the ECHR on challenging the unlawful actions within the framework of lustration in Ukraine.