The final decisions of the ECHR against Ukraine have been summarized

The generalization of the decisions of the European Court of Human Rights on applications against Ukraine, which became final in the first quarter, highlighted a number of problems that remain relevant for the domestic law enforcement and judicial systems.

The Government Commissioner for the ECHR has drawn attention to them in his letter to the relevant authorities responsible for violations. The full text of the letter can be downloaded by the link .

Among other things, it is noted that there are no proper investigation of complaints of ill-treatment by police officers or voluntary squads, inadequate conditions of detention, transportation to court, and placement in a metal cage during the court session and in Strasbourg it is interpreted as a violation of the Convention guarantees. Such facts the ECHR regards as violation of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

At the same time, courts are recommended to take a closer look at the cases of authorizing prolonged and unreasonable detention of persons, rather than considering alternative measures of restraint. In addition, the ECHR drew attention to cases where the courts did not investigate the lawfulness of the applicant’s detention, although he claimed to be released. After all, it is contrary to Article 5 of the Convention.

The right to a fair trial (Art. 6 of the Convention) will be considered to be violated, for example, if the appeal is left without consideration in case the company fails to pay the court fee in full. As the ECHR has stated, failure to provide free legal assistance to appeal the verdict in the Supreme Court of Ukraine also does not comply with the Convention.

By the way, the Court found violation of the Convention by Ukraine on this article in 16 cases for the quarter.

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