Issue of interference in independence of judges considering cases on armed conflict in Donbas becomes less pressing – survey

KYIV. Sept 24 (Interfax-Ukraine) – The issue of interference with the independence of judges when considering cases related to the armed conflict in eastern Ukraine has become less pressing, the number of such cases in 2019-2021 decreased by 60% compared to 2017-2018, according to the results of a survey conducted by the Center for Political and Legal Reforms.

"The results were somewhat encouraging, as according to the information we received, the issue of interference with the independence of judges in these categories of cases has become less pressing. According to official reports, for example, if in 2017-2018 judges from Donetsk and Luhansk regions 14 times reported their independence was lost precisely due to the fact that they were considering such sensitive cases related to the conflict, then for the next three years, from 2019 to 2021, there were only six such appeals," expert of the Center for Political and Legal Reforms on Legal Proceedings Maksym Sereda at a conference in Kyiv on Friday.

He said the number of such cases has decreased by 60%.

"We concluded that now cases of interference in the independence of judges, which still occur, are primarily associated with judges who consider criminal cases. It is this category of judges that remains the most vulnerable," Sereda said.

Expert on legal issues at the Center for Political and Legal Reforms Roman Smaliuk said that from 2017 to the first half of 2021, the High Council of Justice (HCJ) received 20 messages from judges of Donetsk and Luhansk regions, which can be associated with the consideration of such judges in cases related to the armed conflict.

Thus, according to judges, most often unknown or unidentified persons interfere in the administration of justice by them, and also interference by law enforcement officials is quite common.

"In the period from 2015 to 2020, about 44 judges of the Donetsk and Luhansk regions declared recusals precisely due to the connection with the territories temporarily not controlled by the government of Ukraine," he said.

Smaliuk said the recusals were made both because their property or relatives remained in the uncontrolled territory, and also because the judges themselves were victims in criminal proceedings against the members of the terrorist organization.

According to him, as of the first half of 2021, only six judges continue to consider the connection with the territories temporarily not controlled by the government of Ukraine as an obstacle for them to consider such categories of cases.

The survey analyzed 1,504 decisions on recusal of judges of Donetsk and Luhansk regions for the possible impact of the armed conflict on the participation of these judges in cases and monitored 20 court sessions in criminal and civil cases related to the armed conflict.

The report was prepared by the Center for Political and Legal Reforms in cooperation with the Legal Clinic of Donetsk National University of Vasyl Stus and the Faculty of Law of Volodymyr Dahl East Ukrainian National University within the project "Monitoring of trials on armed conflict as an educational and research tool for the training of lawyers," which is implemented by the Center for Political and Legal Reforms within the UN Recovery and Peacebuilding Programme with financial support from the Government of the Netherlands.