INTRODUCTION
INTRODUCTION
This publication presents the findings of the trial monitoring programme, which was implemented in 2017
by the NGO Centre of Policy and Legal Reform (CPLR) with support of the OSCE Project Co-ordinator in
Ukraine.
This was the first large-scale trial monitoring programme in Ukraine.
Within the framework of this monitoring programme the OSCE Project Co-ordinator in Ukraine aimed to:
Strengthen the capacity of civil society in trial monitoring on adherence to fair trial standards and
protection of human rights in Ukrainian courts;
Analyse monitoring findings in the light of applicable international fair trial standards, identify
gaps in the domestic framework and provide recommendations to address these gaps.
As a result of the implementation of this programme, a team of monitors who had completed a specialized
training course was formed. They will further be able to conduct trial monitoring regardless of its type
(systemic, thematic and ad hoc).
The purpose of this programme was not to identify errors or omissions in judicial practice attributable to
specific judges, but to establish the general trend and the changes in court proceedings with regard to
adherence to fair trial standards. Therefore, the analysis of the monitoring findings within the framework
of this programme cannot be regarded as assessing the performance of individual judges and may not be
regarded as an attempt to question or affirm the correctness of respective judicial decisions.
The findings of the monitoring reflect the open part of court proceedings, namely – the behaviour of judges
and participants in the course of the trial.
However, the rather optimistic findings of the monitoring need to be evaluated in the light of the fact that the
presence of monitors at hearings usually has a positive influence on the adherence to the procedural rules.
Thus, the situation in hearings where only the parties to the case are present may be different. This is also
confirmed by monitoring findings.
From the questionnaire of a monitor in a criminal case:
“Before the monitor appeared in the courtroom, there were no plans to conduct the panel hearing. Since the
defendant had failed to appear in court, the presiding judge intended to agree upon the date of the next
hearing with the prosecutor and the Special Service of Ukraine representative in his chambers. When the
judge realized that someone wanted to observe the trial, he put on his robe and badge, called for other panel
members to join him in the courtroom and conducted the hearing with audio recording”.
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MONITORING OF ADHERENCE TO FAIR TRIAL STANDARDS IN UKRAINE