European Court recognized that Ukraine prevents its citizens from appealing to it

The European Court of Human Rights declared that the right to an individual complaint to this court is violated in Ukraine.

The Kharkiv Human Rights Group imparted this information .

According to the report, on July 21, the European Court of Human Rights made a decision on the case “Gerbey and others v. Ukraine” concerning complaints of four plaintiffs at once. Two of them were represented by the attorneys of the Kharkiv Human Rights Group – Natalia Okhotnikova and Yana Zaikina.

All plaintiffs were deprived of the opportunity to thoroughly and qualitatively prepare their complaints to the European Court of Human Rights, because state authorities denied them copies of the procedural documents.

According to the commentary by human rights activists, there is still no effective mechanism of obtaining copies during the legal proceedings for the convicted in Ukraine. They are forced to send out numerous requests in vain, because they can neither make the copies of the procedural documents on their own, nor receive them by mail. Quite often their requests are simply ignored or, at best, they are granted short formulaic refusals. Formal procedure keeps depriving people of the right to an individual complaint to the European Court of Human Rights, which is safeguarded by the European Convention.

“In ratifying this international treaty, Ukraine has undertaken a number of obligations, yet it keeps intentionally violating these norms for decades now. It is only due to constant appeals by the attorneys to the European Court of Human Rights with similar complaints that state authorities are beginning to “notice” the previously “innocuous” violations. Maybe, one day Ukraine will finally amend current legislation and fix this mistake …” , the Kharkiv Human Rights Group underscores.

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