Ukrainian Experience and International Practice. Roman Nekoliak took part in a training on justice in times of war

On March 11th, as part of the MATRA-Ukraine project «Strengthening Ukraine’s Capacity to Investigate and Prosecute International Crimes», T.M.C. Asser Institute, in cooperation with the Ukrainian Bar Association, held a training on monitoring fair court procedures. Roman Nekoliak, coordinator of international cooperation at the Center for Civil Liberties, attended the training.

The fairness of court proceedings is a legal obligation of Ukraine as a state in accordance with its legislation, international human rights law and international criminal law. It depends on the actions of specific legislators, law enforcement agencies at the pre-trial stages, lawyers, judges and court administration – i.e., participants in the process. It also depends on human rights defenders and journalists who cover it. Civil society organisations and the media play an essential role in monitoring trial fairness, increasing judicial process transparency, informing the public and/or advocating for reforms.

The fairness of court proceedings is a legal obligation of Ukraine as a state in accordance with its legislation, international human rights law and international criminal law. The fairness of proceedings depends on the actions of specific legislators, law enforcement agencies at the pre-trial stages, lawyers, judges and court administration – i.e., participants in the process. It also depends on human rights defenders and journalists who cover it.  Civil society organisations and the media play an important role in monitoring trial fairness, increasing judicial process transparency, informing the public and/or advocating for reforms.

The event aimed to improve the understanding of the national and international legal framework on fair trial guarantees. The training process consisted of four seminars on the following topics: «Indicators of a Fair Trial», «Aspects of Fair Trial in Cases of Serious Crimes in Ukrainian Courts», «The Right to a Fair Trial in Criminal Proceedings: International Context and Practice», as well as practical application of the gained knowledge by solving a practical case study in groups.

«The fairness of trials in Ukraine demonstrates a continued commitment to the rule of law and is of particular importance in war-related criminal trials. Ukraine is ready to conduct legitimate trials at the national level, which will have an impact on the complementarity of international processes and the effectiveness of justice and holding perpetrators accountable,» — Roman notes.

The Fair Trial Indicators developed by T.M.C. Asser Institut within the MATRA-Ukraine project are intended to serve as a guide for trial monitors in Ukrainian courts based on fair trial standards contained in Ukrainian, international and European legislation.