O.S. Shadrin, a partner at Barristers, LLC, participated in the latest meeting of the Working Group on Human Rights under the UN Human Rights Committee’s Monitoring Mission in Ukraine.

The meeting addressed the impact of the provisions of Part 5 of Article 176 of the Code of Criminal Procedure on human rights, attacks on lawyers in the Kharkiv region, and mechanisms for protecting lawyers, as well as challenges facing the free secondary legal aid system.

The UN Human Rights Monitoring Mission is operating at the invitation of the Government of Ukraine within the framework of the mandate granted by the Office of the UN High Commissioner for Human Rights. In accordance with Part 1 of Article IV of the Agreement between the Office of the United Nations High Commissioner for Human Rights and the Government of Ukraine on the deployment of a short-term UN human rights monitoring mission in Ukraine, signed on July 25, 2014, the Mission “a) monitors the human rights situation in the country, with particular attention to the Autonomous Republic of Crimea and the eastern and southern regions of Ukraine, and submits regular, accurate, and public reports to the High Commissioner on the human rights situation, challenges, and emerging risks; (b) make recommendations to the relevant Ukrainian authorities regarding specific follow-up actions, and to the United Nations and the international community regarding measures to address human rights issues, prevent human rights violations, and mitigate emerging risks.”

Taking into account the tasks assigned to the Mission, and given that on November 29, 2018, the Grand Chamber of the Constitutional Court of Ukraine will begin hearing the case based on the constitutional complaints filed by Marina Anatoliivna Kovtun, Nadiya Viktorivna Savchenko, and Igor Dmytrovych Kostoglodov regarding the conformity with the Constitution of Ukraine (constitutionality) of the provision of Part 5 of Article 176 of the Criminal Procedure Code of Ukraine in the form of written proceedings, We are enclosing an analytical report on the impact of the provisions of the aforementioned article of the Criminal Procedure Code of Ukraine on human rights.

Special Rapporteur on the Independence of Judges and Lawyers

In 1994, noting the increasing frequency of attacks on the independence of judges, lawyers, and court staff, as well as the link between the erosion of safeguards for judges and lawyers and the severity and frequency of human rights violations, the United Nations (UN) Commission on Human Rights decided to appoint a Special Rapporteur on the independence of judges and lawyers. Like other special procedures, this mandate was established by the Human Rights Council (General Assembly Resolution 60/251). In 2017, the Special Rapporteur’s mandate was extended for a three-year period by UN Human Rights Council Resolution 35/11.

In accordance with his or her mandate, the Special Rapporteur shall:

(a) Investigate any substantiated allegations brought to his or her attention and report on his or her findings and recommendations regarding them;

(b) Identify and document not only violations of the independence of judges, lawyers, and other court personnel, but also the progress made in protecting and strengthening their independence, and to formulate specific recommendations, including the provision of advisory services or technical assistance at the request of the State concerned;

(c) Identify ways and means to improve the judicial system and formulate specific recommendations to that end;

(d) To examine, with a view to making further proposals, current and fundamental issues aimed at protecting and strengthening the independence of judges, attorneys, and other court personnel;

(e) To take gender issues into account in its work;

(f) Continue to cooperate closely, while avoiding duplication of efforts, with relevant United Nations bodies, mandates, and mechanisms, as well as with regional organizations;

(g) Submit regular reports, in accordance with its program of work, to the Human Rights Council and annual reports to the General Assembly.

For the purpose of carrying out these functions:

(a) The Special Rapporteur shall respond to information received regarding possible violations related to the independence and impartiality of judges and the independence of the legal profession, by sending letters to the States concerned indicating the possible violations and calling for immediate action to clarify and/or bring the relevant cases to their attention. Communications sent by the Special Rapporteur (including both letters calling for immediate action and letters identifying possible violations) are published in the next Report of the Special Procedures on Communications.

(b) The Special Rapporteur visits countries at the invitation of the State concerned. The Special Rapporteur submits a report on the visit to the Human Rights Council, setting forth the facts established, conclusions, and recommendations.

(c) The Special Rapporteur submits annual thematic reports to the Human Rights Council (at its June session) and to the UN General Assembly, drawing attention to important issues and areas of concern relevant to his or her mandate.