Openness of a trial during quarantine period in Ukraine
The whole world, and Ukraine in particular found themselves in adverse circumstances, but justice must continue to be ensured.
To prevent the spread of COVID — 19 on the territory of Ukraine, the Council of Judges of Ukraine (letter from 16.03.20 and decision № 19 from 17.03.20) and The High Council of Justice recommended courts to introduce a special mode of operation and, among other things, restrict access to court hearings of persons who are not parties to these proceedings.
The courts took into account the recommendations and during court assembly meeting implemented a special mode of operation on the level of each particular hearing, as reported on websites and announcements on the premises.
In some cases, restriction of access to court hearings to persons who are not parties to these proceedings is outlined in the form of recommendation, in others as a mandatory order, also with the possibility of admitting persons who request it, after consideration by the court administration.
Further, the Verkhovna Rada of Ukraine adopted the Law of Ukraine of 30.03.2020 «On Amendments to Certain Legislative Acts of Ukraine aimed at providing additional social and economic guarantees in connection with the spread of coronavirus disease (COVID-19)». The law amended the Criminal Procedure Code of Ukraine, the Commercial Procedure Code of Ukraine and the Civil Procedure Code of Ukraine and amended the relevant articles on the openness of the trial by providing that the Court (or investigating judge) may decide to restrict access to persons who are not parties to the trial to a court hearing during a quarantine in accordance with the Law of Ukraine «On Protection of the People against Infectious Diseases» by the Cabinet of Ministers of Ukraine, if participating in a hearing might constitute a threat to life or health of a person. Infographics about the new changes also published by the Supreme Court.
For example, this implies possible restrictions on journalists in the coverage of court hearings, on judicial observers/”monitors” that are ensuring the right to a fair trial, due to the inability to be present during the hearings and to keep track of all its details.
Are there alternatives and are the courts ready to apply them?
Since 2015, the Ukrainian courts have been broadcasting open court hearings by technical means of the courts to the Youtube network on the “Judicial Power of Ukraine” channel and on the official web page. Such broadcasts take place in courts of various instances, including the Supreme Court, and already in 24 regions of Ukraine.
Hearings heard by the Supreme Anti-Сorruption Court are also broadcasted to the Youtube channel of the Supreme Anti-Сorruption Court since the start of its operation. This practice has created a good basis for responding to contemporary challenges. Hundreds of hearings can be viewed live and recorded. With a few exceptions, video cameras in courts immediately transmit images from all points of the courtroom. This greatly extends the right of citizens to open hearings and to openness of a trial. Thus, the Human Rights Vector NGO, which is systematically involved in the development of court broadcasts in Ukraine, supports courts that already use this mechanism and encourages more and more courts to broadcast open court hearings. This is even more required during the quarantine period. You can also apply to the court in writing for the necessity to broadcast socially important, resonant court cases.
Written by: Valeriia Rybak, Director of the Human Rights Vector NGO
Translated by: Kseniia Rybak, volunteer of the Human Rights Vector NGO
To prevent the spread of COVID — 19 on the territory of Ukraine, the Council of Judges of Ukraine (letter from 16.03.20 and decision № 19 from 17.03.20) and The High Council of Justice recommended courts to introduce a special mode of operation and, among other things, restrict access to court hearings of persons who are not parties to these proceedings.
The courts took into account the recommendations and during court assembly meeting implemented a special mode of operation on the level of each particular hearing, as reported on websites and announcements on the premises.
In some cases, restriction of access to court hearings to persons who are not parties to these proceedings is outlined in the form of recommendation, in others as a mandatory order, also with the possibility of admitting persons who request it, after consideration by the court administration.
Further, the Verkhovna Rada of Ukraine adopted the Law of Ukraine of 30.03.2020 «On Amendments to Certain Legislative Acts of Ukraine aimed at providing additional social and economic guarantees in connection with the spread of coronavirus disease (COVID-19)». The law amended the Criminal Procedure Code of Ukraine, the Commercial Procedure Code of Ukraine and the Civil Procedure Code of Ukraine and amended the relevant articles on the openness of the trial by providing that the Court (or investigating judge) may decide to restrict access to persons who are not parties to the trial to a court hearing during a quarantine in accordance with the Law of Ukraine «On Protection of the People against Infectious Diseases» by the Cabinet of Ministers of Ukraine, if participating in a hearing might constitute a threat to life or health of a person. Infographics about the new changes also published by the Supreme Court.
For example, this implies possible restrictions on journalists in the coverage of court hearings, on judicial observers/”monitors” that are ensuring the right to a fair trial, due to the inability to be present during the hearings and to keep track of all its details.
Are there alternatives and are the courts ready to apply them?
Since 2015, the Ukrainian courts have been broadcasting open court hearings by technical means of the courts to the Youtube network on the “Judicial Power of Ukraine” channel and on the official web page. Such broadcasts take place in courts of various instances, including the Supreme Court, and already in 24 regions of Ukraine.
Hearings heard by the Supreme Anti-Сorruption Court are also broadcasted to the Youtube channel of the Supreme Anti-Сorruption Court since the start of its operation. This practice has created a good basis for responding to contemporary challenges. Hundreds of hearings can be viewed live and recorded. With a few exceptions, video cameras in courts immediately transmit images from all points of the courtroom. This greatly extends the right of citizens to open hearings and to openness of a trial. Thus, the Human Rights Vector NGO, which is systematically involved in the development of court broadcasts in Ukraine, supports courts that already use this mechanism and encourages more and more courts to broadcast open court hearings. This is even more required during the quarantine period. You can also apply to the court in writing for the necessity to broadcast socially important, resonant court cases.
Written by: Valeriia Rybak, Director of the Human Rights Vector NGO
Translated by: Kseniia Rybak, volunteer of the Human Rights Vector NGO
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