Observance of the Right to a Fair Trial in the East of Ukraine, Including the Territory That Is Temporarily Not Controlled by the Ukrainian Government

Home , Antratsyt, Bilokurakyne, Milove, Oleksandrivsk, Popasna, Velyka Novosilka

Justice in exile

Observance of the right to a fair trial in the east of Ukraine, including the territory that is temporarily not controlled by the ukrainian government

The report is prepared by the Center for Civil Liberties under the auspices of the Coalition of Public Organizations and Initiatives “Justice for Peace in Donbas”

2016 With respect to issues arising on this report, or for making comments and feedback, please contact the following address [email protected]

This publication has been prepared under the “Democratization, human rights and civil society” project, implemented by the United Nations Development Program in Ukraine and funded by the Ministry of Foreign Affairs of Denmark during 2013-2016.

Opinions, conclusions and recommendations are given by the authors and compilers of this report and do not necessarily reflect the views of the Ministry of Foreign Affairs of Denmark, the United Nations Development Program and other UN agencies.

Supported by the United Nations Development Programme in Ukraine and the Ministry of Foreign Affairs of Denmark

Kyiv 2016

Design and layout — Mykhailo Fedyshak © Center for Civil Liberties; CONTENTS

INTRODUCTION. MONITORING GROUP AND METHODOLOGY...... 4

THE FUNCTIONING OF COURTS IN THE DONETSK AND LUHANSK OBLASTS...... 6

Donetsk Oblast �� 6

Krasnoarmiysk City and District Court...... 7

Dobropil District Court...... 9

Dzerzhinsky City Court...... 10 Luhansk oblast ��11

Popasna District Court...... 12

Novoaidarivsk District Court...... 14

Lisichansky City Court...... 15 PROCEEDINGS IN THE “DNR” AND THE “LNR”...... 16

CONCLUSIONS and RECOMMENDATIONS...... 19 www.ccl.org.ua

INTRODUCTION. MONITORING GROUP AND METHODOLOGY

uring December 2015 — January 2016 a group of visited the Territorial Directorate of the State Court Administration monitors of the Center for Civil Liberties with the of Ukraine in the Donetsk and Luhansk Oblasts, courts in support of the UN Development Program in Ukraine Krasnoarmiisk, Dobropillia, Dzerzhynsk, as well as Popasna, in the framework of activities of “Justice for the Lysychansk and Novoaidar. During the visits, the group met Sake of Peace in Donbass”1 Coalition of NGOs and with judges, court administration staff and visitors, as well as Dcivic initiatives conducted the next stage of the study of human conducted its own observations of the situation. In the course of rights during the armed conflict in the East of Ukraine. The group work the group engaged technique of unstructured interviews, consisted of 10 monitors and besides the employees of the Center for observation maps, photo and audio documenting. The group also Civil Liberties it included lawyers, community activists, volunteers. handled a number of public sources, including the website of the The aim of the presented research work was the study judicial branch. Part of the interlocutors, who provided consent of the situation with respect to the right to a to communicate with monitors, refused to call their fair trial and the conditions of access to names, referring to safety concerns 2, which court in the territory of the East of the corresponds to the general situation with country, which emerged as a result carrying out human rights monitoring of armed conflict in the territory in the region due to the ongoing armed of Luhansk and Donetsk Oblasts conflict with its immanent high level of Ukraine. The main tasks were of violence and intimidation, as the evaluation of the suitability of well as unpredictability of further existing courthouses for regular development of events. operation, their staff completeness, As known, due to the ongoing archives maintenance and local warfare part of the courts turned out infrastructure ramification in view in the Ukraine’s non-controlled area, of citizens’ unhindered access to court. there are also courts, the operation of which Special attention was given to the collection was suspended in order to preserve the life and of available information about the observance of the health of judges, office personnel and visitors to the right to a fair trial and the operation of the courts in Ukraine’s non- court, and consideration of the defendants’ cases was transferred controlled areas of Luhansk and Donetsk Oblasts, as well as to the to other courts in peaceful areas 3. Appellate courts and district operation of the courts during the warfare and occupation. administrative courts were moved from Donetsk to Artemivsk, The monitoring group, which consisted of 2 sub-groups that Sloviansk, Kramatorsk, and those from Luhansk were moved to worked simultaneously at different places in the area of ATO, Severodonetsk, economic courts of the oblasts resumed their work

1 The aim of the “Justice for the Sake of Peace in Donbass“ Coalition, which includes 14 civic organizations and initiatives, is data documenting and creating a unified electronic database that could serve as a source of primary information about the committed crimes within the framework of national and international investigations, as well as publishing regular thematic reports regarding human rights violations and restrictions of fundamental freedoms.

2 A similar situation was traced in the previous reports of the monitoring group with regard to shelling of the «green corridors», abductions and torture of people in the north of Luhansk Oblast, searching for missing people and operation of DNA centers.

3 The order of the Chairman of the Supreme Special Court of civil and criminal cases dated 02.09.2014/ No. 27/0/3814 — www.sc.gov.ua/ua/ rozporjadzhennja_vssu_pro_viznachennja_teritorialnoji_pidsudnosti_sprav.html‑3814.

4 Observance of the right to a fair trial in the east of Ukraine, including the territory that is temporarily not controlled by the ukrainian government Justice in exile

in Kharkiv. A significant number of courts of Donetsk and Luhansk 6. What is the workload on judges and is Oblasts stopped and resumed their operation, consideration of there enough staff available? cases being moved to other courts. There are courts that have undergone this procedure several times transferring their cases to 7. Do the court premises match the minimum various courts. At least 15 courts of Donetsk and Luhansk Oblasts requirements for carrying out justice proceedings? besides their own cases handle the cases of 2 or more other courts. The situation is directly linked to the presence of Ukraine’s control 8. Where the courts were during the time of over a certain territory or inhabited locality and the availability of occupation and had they made any decisions? appropriate security for the operation of the court in view of the warfare progress and its geography. Information on transfer of 9. Did the judges pass a qualification cases is available on the website of the judicial power 4. According assessment after the occupation? to its data there was compiled Table of Court (or Case Consideration) Transfers in the ATO zone that is presented in the Annexes. 10. Is there a possibility of official It is obvious that in such a situation there appears a number correspondence with the ATO zone? of problems, which were singled out to explore. Monitoring group based on the assumption that there may be problems of 11. Which way is the execution of a court’s decision 4 categories: court premises, court office personnel and judges, provided on the occupied territory? maintaining archives, infrastructure and access to the court from remote areas. Accordingly, it was admitted that access to courts Separately highlighted was the issue of delivery of justice in and implementation of the right to a fair trial are complicated by the Ukraine’s non-controlled areas. Here it is worth noting that in the following factors: the territory controlled by the so-called “LNR” (Luhansk People’s Republic) and “DNR” (Donetsk People’s Republic) before September • Premises — premises of a court that are not suitable for 2014, the courts made decisions “in the name of Ukraine” and additional workload (due to case transfer) or damaged cases appeared in the Unified State Register of Court Decisions. during the warfare; As a matter of fact, this study is a snapshot of the situation and do not pretend to be a fundamental and all-round. Collected • Court administrative personnel and judges — materials confirm the hypothesis of the existence of the problem understaffed, the workload on the existing judges increased, and illustrate its manifestations, which enables focusing additional funding in view of cases transferred from the government and public efforts on resolving it. Analytical data is dangerous areas is not provided; the first attempt to assess the situation regarding courts operation in the East of the country and describe the difficulties caused • Archives maintaining — archives partially remained in by the warfare that cannot be eliminated by the court system non-controlled areas or were not saved; alone. It is obvious that among the number of outlined issues there is a row of issues common to the whole judicial system of • Infrastructure — operation of long-distance transport, post Ukraine, existence of which does not depend on the warfare in office and banking system in the area remains unsatisfactory, the region and case transfer to other courts. Most of these issues that often renders applying to court impossible for residents are associated with low availability of courthouses for groups of of those areas where the court operation is terminated and limited mobility and people with disabilities, inadequate level of the consideration of cases is transferred to another court. awareness about the court operation, the lack of understanding of the necessity of taking into account the basic needs of visitors and the poor logistics of the workflow. These issues have also found Among other things, the monitoring group was trying to find out: their reflection in the monitoring report, but they were not the subject of the key consideration. 1. Have proper justice proceedings in the Donetsk and It is worth noting that the monitoring group did not set a task Luhansk Oblasts been established to date or not? of revealing the separatist sentiments, promoting lustration of judges and any assessment of the quality of their work, but only a 2. What happened to the cases that were already description of problems that the judges, the court personnel and open before the time of the occupation? its visitors faced in connection with the warfare and how it affects the performance of its obligations by the State of Ukraine in part 3. How can currently a resident of the of ensuring the right to a fair trial and unhindered access to court occupied territories apply to court? for everybody. Judging from the data of the monitoring visits, one can make a simple conclusion that the situation with respect to 4. Which courts were moved? the right to a fair trial in Luhansk and Donetsk Oblasts will for a rather long time require careful attention of the human rights 5. How the respective archive is transported and distributed? community and detailed monitoring of specific problem situations that are described below.

4 court.gov.ua

5 www.ccl.org.ua

THE FUNCTIONING OF COURTS IN THE DONETSK AND LUHANSK OBLASTS

Donetsk Oblast

he Territorial Directorate of the over the current case proceedings from the of the sessions being run in the chambers of State Court Administration of occupied territories. According to unofficial the judges. There are not enough available Ukraine in Donetsk Oblast is lo- messages, presently the facilities of the individual rooms for judges, assistants and cated in the premises of the Slo- courts in the occupied areas are used for secretaries. The judges work in the same viansk District Court of Donetsk conducting quasi-proceedings on behalf of premise with assistants and secretaries. TOblast. Staff of the institution numbers 12 the so-called “DNR” involving some former Justice is carried out in the usual way. employees. Court premises availability — judges of Donetsk Oblast. The cases regarding the citizens living in full. The premises of the TDSCA are warm, After transferring jurisdiction, staffing the area controlled by Ukraine, as well dry and clean. Renovation is not needed. of the courts, to which new jurisdiction as those living in the occupied area are Access to the premises is not equipped for was transferred, was increasing not in considered. For submitting claims and other persons with disabilities; it is located on proportion to the additional jurisdiction, documents the inhabitants of the occupied the third floor of a high-rise. but only within the limiting number territories have to travel to the territory According to Tetiana Tsyhankova — of these courts established by law. For under Ukraine’s control, and apply to the Chairman of the Territorial Directorate example, the approved quantitative Office of the Court in person or by mail sent of the State Court Administration of structure of the judges within the oblast from the territory of Ukraine. Payment of Ukraine in the Donetsk Oblast, all courts area varies from 3 to 22 persons 5. At that, court fees and costs is carried out through of the Donetsk Oblast before transfer of to this day 19 court vacancies in the oblast bank branches and the terminals located in jurisdiction with regard to certain courts in are open. the Ukraine’s controlled territory, as well September 2014, operated in the ordinary Judges from the occupied territories as through the Internet with a bank card course. Illegal armed formations did not were transferred not in accordance with at the judiciary web portal without leaving intervene in the courts’ operation. the transferred jurisdiction, but across the the occupied territory. After transferring the jurisdiction of whole Ukraine to fill the available vacant Copies of decisions and other certain courts in the occupied areas, they positions. procedural documents are issued only for cease to function as courts of Ukraine. Due to transfer of jurisdiction of those cases that are available in existing No one tried to take the archives of those other courts, the workload on the judges courts. For other cases, copies of decisions courts out of the occupied territory, of the existing courts has increased and other procedural documents are issued because it would be dangerous for the life approximately twofold. There are not only through the procedure of recovery of of the court employees. No one passed always enough available courtrooms, part the lost case proceedings.

5 www.dsa.court.gov.ua/userfiles/file/DSA/2014/Nakaz133/Nakaz133.pdf.

6 Observance of the right to a fair trial in the east of Ukraine, including the territory that is temporarily not controlled by the ukrainian government Justice in exile

Krasnoarmiysk City and District Court

o this Krasnoarmiysk City Dis- the first and second floors of the court are in a normal manner, at least two more trict Court the jurisdiction of barred from the outside. courtrooms and two chambers for judges the Maryinka District Court of In the visitors area there are information are needed. It is desirable to arrange Donetsk Oblast since 06.04.2015 boards available for visitors, which contain individual rooms for judges, their assistants and that of the courts of the information about the work hours of the and secretaries. Toccupied territory, namely the Budionivsk court, the judiciary schedule, case statuses, District Court of Donetsk and the Kirov as well as samples of the procedural 2. Judicial corps and staff District Court of Donetsk since 02.09.2014. documents. Also there is a sufficient number of chairs and benches for visitors. Judicial corps consists of the Chairman 1. The condition of the building In one of the courtrooms designated for of the Court, the Deputy Chairman of the and the premises of the Court the consideration of criminal cases, there Court, and eleven judges including one is installed a cage for defendants that female judge transferred by the Presidential According to the results of the external does not comply with the international Decree from the Maryinka District Court of review and opinion of the court employees, conventions and the CPC of Ukraine. There Donetsk Oblast. There are two vacancies of the building is in satisfactory technical is a toilet room for staff. Toilet room for judge available. condition. Recently the premises were visitors is not available. Three judges of the Maryinka District redecorated, the heating was repaired. The According to the employees of the court, Court were transferred by the Presidential premises of the court are warm, dry and logistical support of the court is insufficient. Decree to other courts of Ukraine. clean. The front stairs need repairing. On Due to transfer of jurisdiction of other 06.11.2015 there was issued the the existing steps a ramp for persons with courts, the workload on the judges has President’s Decree on changing the disabilities cannot be installed. The ramp increased approximately twofold. There are location of the Maryinka District was purchased, presently it is stored in the not enough available courtrooms, part of Court from Maryinka to Kurakhove. courthouse in disassembled condition. the sessions being run in the chambers of Currently organizational actions are From the outside the courthouse is not the judges. There are not enough available being implemented, such as personnel guarded. In the entrance area inside the individual rooms for judges, assistants and recruitment and equipment of suitable building there is a security desk, where at secretaries. The judges work in the same premises for the purpose of resuming the time of a visit in December 2015, there premise with assistants and secretaries. operation of the said court. It will allow was one security guard. The windows of For the organization of the court operation transferring some of the cases from the

7 www.ccl.org.ua

Krasnoarmiysk City District Court, reducing the workload on it, improving access to justice of the inhabitants of Maryinka District and improving its quality.

3. Access of citizens to justice

Justice is carried out in the usual way. The cases regarding the citizens living in the area controlled by Ukraine, as well as those living in the occupied area are considered. For submitting claims and other documents the inhabitants of the occupied territories have to travel to the Ukraine’s controlled territory, and apply to the Office of the Court in person or sent from the territory of Ukraine by mail. Payment of court fees and costs is carried out through bank branches and KA.DN.COURT.GOV.UA the terminals located in the Ukraine’s Krasnoarmiysk City and District Court controlled territory. Correspondence with the occupied territories is not carried on, the procedural inhabitants not of all settlements are able to Regarding the Maryinka District documents are not sent to there, the court get from the Ukraine’s controlled territory Court of Donetsk Oblast, only those decisions in the occupied territories are not to Krasnoarmiysk by public transport. cases which were in proceedings of the executed. Information about the time and Pokrovske District Court of Dnipropetrovsk place of the case consideration with the 4. Transfer of cases in Oblast by 06.04.2015 were transferred participation of the persons residing in the connection with the warfare to Krasnoarmiysk City District Court temporarily occupied territories, is hosted of Donetsk Oblast. Accordingly, only exclusively on the court website. According Regarding the Budionivsk District Court criminal cases which were in proceedings to the opinion of the court employees, they of Donetsk and the Kirov District Court of of the Maryinka District Court of Donetsk are not aware whether the courts on the Donetsk, the jurisdiction of only new cases Oblast by 02.09.2014 were transferred to occupied territory operate and whether the was transferred to Krasnoarmiysk Court Pokrovske District Court of Dnipropetrovsk court decisions are executed. of Donetsk Oblast. Case proceedings in Oblast. Cases of other jurisdictions as Taking into consideration the specifics all cases which have been opened before of 02.09.2014 were not passed over to of the location of residential areas of 02.09.2014, as well as the archives of these the Maryinka District Court, and the Maryinka District of Donetsk Oblast, courts were not passed passed. proceedings in them are not carried out. Resolutions on the suspension of the proceedings were not adopted. Archive of the Maryinka District Court was left in locked premises in Maryinka. The building of the Maryinka District Court is partially damaged by shellings, the case hearing in it without prior repairing is not possible. Any purposed protection of the courthouse in Maryinka is not provided. During the time since 02.09.2014 from the said building the unknown persons stole some pieces of office equipment. Copies of decisions and other procedural documents are issued only for those cases that have been taken to the Krasnoarmiysk District Court. For other cases, copies of decisions and other procedural documents are issued only through the procedure of recovery of the lost case proceedings.

FROM THE ARCHIVES OF MOBILE MONITORING GROUPS OF CCL

8 Observance of the right to a fair trial in the east of Ukraine, including the territory that is temporarily not controlled by the ukrainian government Justice in exile

Dobropil District Court

court and one secretary of court session. Perhaps, the relevance of the information provided on the website can be questioned. All judges are residing in the Ukraine’s controlled territory. One judge was transferred from the Crimea. According to the President and the spokesperson of the court, the lustration was held in the strict compliance with the requirements of the Law of Ukraine on Cleansing of the Authorities and Restoration of Trust to Judicial Power. No claims and issues as for lustration performance were reported.

3. Access of citizens to justice

Accordingly, the opportunities of engaging witnesses, other participants to the court process, notices of case hearings, etc. are extremely limited and taken through the media of the official printed or online sources. Forced bringing to court is Dobropil District Court not possible. Citizens have the opportunity to pay court fees only in the Ukraine’s government-controlled territory, or upon he consideration of the cases have been renovated and redecorated, have availability of access to the Internet. Cases of the Avdiivka City Court and a transparent defendant dock — not just a of citizens coming to the court from the the Khartsyzsk City Court of the barred cage. The courtrooms are equipped territories of the Avdiivka and Khartsizsk Donetsk Oblast were transferred with wide enough benches for visitors, City Courts are extremely rare. to Dobropil District Court. individual seats for observers are not T available. 4. Transfer of cases in 1. The condition of the building connection with the warfare and the premises of the Court 2. Judicial corps and staff The court has an opportunity to Two-story building from the outside gives The Dobropil City District Court consider only the new cases from the the overall positive impression: the building under the directive of the Chairman of temporarily occupied territories, or those, is clean, with new windows, the surrounding Higher Specialized Court caters to the decisions on which were challenged and territory is well groomed. The impression is residents of the territory of Khartsizsk transferred for reconsideration by a higher that in the recent past it was renovated. and Avdiivka City Courts of Donetsk authority, since the archives of Khartsizsk One can enter the building without Oblast. In connection with the transfer and Avdiivka City Courts of the Donetsk hindrance, security personnel is absent, of territorial jurisdiction its staff was not Oblast were not relocated, no closed cases, identity of the visitors is not ascertained. increased and consists of 13 judges, 9 nor open ones by the time of the occupation. The courtroom is light. The hallways are of which actually work, the rooms are There is no information about the archives wide, information board, which is readily designed only for 10 ones. There are not status at the moment, nor about attempts visible from the entrance, contains a wide enough available courtrooms to satisfy the to destroy them. range of information, in particular, reception needs of even existing 9 judges, especially, The lack of archives and any connection hours, sample applications, available info- with a significant increase in the workload with the courts in the occupied territories graphic drawings explaining principles of in connection with the transfer of the causes a significant complication to judicial system operation, etc. Also in front territorial jurisdiction of Khartsizsk and recover lost proceedings what became of the information wall there are tables and Avdiivka City Courts of Donetsk Oblast. common practice after the transfer of the chairs, which simplifies the use of provided Secretariat personnel numbers 45 people. territorial jurisdiction from the occupied information by the visitors. The building is President and spokesperson of the court territories, a reconsideration of the cases of adapted for people with disabilities, there is noted that there are vacancies only for Khartsizsk and Avdiivka City Courts of the a ramp at the entrance, and on the first floor non-specialized positions: secretariat, Donetsk Oblast appealed in a higher court, there is a courtroom, the doors of which, in office personnel, but according to the as well as cases where party (–ies) is/are particular, allow entry for a wheelchair. The information of Judicial Power web portal, residing in the occupied territories, possess court has four courtrooms, three of which there are vacancies for three secretaries of controversial property, etc.

9 www.ccl.org.ua

Dzerzhinsky City Court

Primary lustration was held in the form of interviews, questionnaire surveys, there was created a Commission, which did not deal with the judges, but only with the court office personnel. No claims as for primary lustration performance, according to the Chairman of the Court, were reported.

3. Access of citizens to justice

The court has an opportunity to consider only the new cases from the temporarily occupied territories, or those, decisions on which were challenged and transferred for reconsideration by a higher authority, since the archives of Proletarsky and Leninsky District Courts of Donetsk were not relocated. There is no information about the archives status at the moment, nor about attempts to destroy them. Access to the occupied territories does not exist, including a postal connection. Accordingly, Dzerzhinsky City Court the opportunities of engaging witnesses, other participants to the court process, notices of case hearings, etc. are extremely zerzhinsky City Court under the court decisions shall be issued only on limited and taken through the media of the the directive of the President Tuesdays; in the opinion of the Chairman official printed or online sources. Forced of Higher Specialized Court of the Court, it is due to lack of staff and bringing to court is not possible. Citizens caters to the residents of the the significantly increased load on the have the opportunity to pay court fees only territory of Proletarsky and court. Access to the office is free, there was in the Ukraine’s government-controlled DLeninsky Districts of Donetsk. no queue at the time of monitoring. In the territory, or upon availability of access to corridors there are benches for waiting. the Internet. 1. The condition of the building Access to the toilet is free, but it is in poor and the premises of the Court condition. 4. Transfer of cases in connection with the warfare A two-storeyed building located next 2. Judicial corps and staff to the building of Dzerzhynsk City Police The lack of archives and any connection Department. The exterior shows minor The court was allowed to add 4 with the courts in the occupied territories damages to the building, there are some vacancies of judges, that increased the causes a significant complication for broken windows. The courtroom is not judges staff from 10 to 14, but these consideration of cases regarding recovery readily available to people with disabilities, vacancies are not filled. At the time of the lost proceedings that became ramps are absent, hallways are narrow. of monitoring 6 judges were at work common practice after the transfer of the The security guard is missing, one can (commission of the rest, according to the territorial jurisdiction from the occupied enter the court unchecked, and no one is usual staff schedule, had expired, and one territories, reconsideration of the cases of trying to identify visitor’s person, nor the judge is under indictment as per article 368 Proletarsky and Leninsky District Courts of purpose of the visit, which is unsatisfactory of the Criminal Code of Ukraine), which is Donetsk appealed in a higher court, as well in view of the immediate proximity of the not enough due to increase of workload as issuing copies of their judicial decisions. town to the line of delimitation. Premises per judge at least twofold (exact data at However, there appeared practice, if are badly lit, the information board the time of monitoring was not available, a judicial decision is registered in the contains a limited amount of information, since the annual report was in the process Unified State Register of Judicial Decisions, and is hard to see without using one’s own of preparation). At the moment there are of issuing copies of the decisions of these light source. The courtrooms are equipped vacant positions of: 4 judges, 4 assistants courts under the court’s seal. with row seats for visitors and participants for them, 4 secretaries of the court sessions, In the period of the occupation the court of the process and the isolated defendant 2 masters of the court and technical staff. considered only civil cases; consideration dock, individual seats for observers are All the judges reside in the Ukrainian of the criminal ones was not possible not available. One can find out the office government controlled areas and are local because the law-enforcement agencies did operation hours only by asking. Copies of inhabitants. not function.

10 Observance of the right to a fair trial in the east of Ukraine, including the territory that is temporarily not controlled by the ukrainian government Justice in exile

Luhansk oblast

ccording to Igor Savchenko, was furnished with three positions of Luhansk oblast courts are financially Chairman of the Regional night-time watchmen and one position of secured. All the funds provided for the Office of State Court Admin- day-time master of court. functioning of the judicial system in 2015 istration in the Luhansk The number of judges in the Ukrainian had to be used before December 28–29. Oblast (located in the city of government controlled areas increased Courts and judges are fully provided with ARubizhne), consideration of legal cases is in (it is about courts, which were given the consumables, postal stamps, office paper, accordance with the procedural rules. 99% jurisdiction to consider cases from the computers, judges’ robes, lapel badges, of the courthouses are adapted, including courts located in the occupied territories). symbols of State power. the ones that were rebuilt to comply with The staff of courts in Luhansk Oblast October 31, 2014, 22 of 25 employees the regulations and standards as for court- increased in number: on the orders of SCA resigned from the TDSCA in Luhansk house buildings. That is, 14 courts that of Ukraine No. 135, No. 133 the staff of courts Oblast. After the Directorate moved from operate in the Ukrainian government con- in Luhansk Oblast increased in number by Luhansk to Rubizhne, new staff was trolled areas (the 15th Stanichno-Luhansky 34 staff positions, of which 32 are filled with formed consisting of 16 persons, 8 of which District Court is out of operation), are adapt- judges who moved from non-government are migrants. ed to court proceedings requirements. controlled areas. There remains 2 vacant Griffon unit, which is currently At the time of monitoring the courts positions. At present 113 judges moved in liquidated due to the reorganization of the do not have substantial problems with total to the government controlled area of Ministry of Internal Affairs (MIA), provides premises and office equipment. The judges, the Luhansk Oblast. protection to only part of the courts. who have moved from the occupied All the judges exercising jurisdiction on For example, the unit does not provide territories, rent housing at their own cost, the territory of Luhansk oblast, are to pass protection of Popasna District Court. Since as the official accommodation for them is lustration and anti-corruption check, fill the unit is formally liquidated, the issue of not available. out and submit the property ownership and creation of the State Security Service within In the area close to the line of collision, income declarations. Cooperation with the the judicial system is being resolved. To are Popasnyansky, Stanichno-Luhansky judges, who remained on the temporarily date the formation of the management of District Courts. The latter court is out of occupied territory, is not maintained. The the judicial security service is underway, operation, two-thirds of its archives were exact number of judges remaining in the issue of funding is being resolved. relocated. In Popasna during the shelling the non-government controlled area of Currently, the Gryphon unit remains only the court staff had to hide in the basement. Luhansk Oblast, as well as the number of in 9 courts of the Luhansk oblast. Despite the threat, by the decision of the those who are collaborating with the so Only due to personal relations of TDSCA, operation of the court is renewed. called “LNR” is not exactly known. the Chairman it was able to save 2/3 of One of the reasons is the need to provide Due to the increase in personnel archives transported on the military financial support to court employees, for numbers of the courts, available space vehicles from the District Court of Stanitsa whom their work for the court is the only does not comply with the requirements Luhanska. Other courts did not have such source of income. So even on days when established by the law. To resolve this issue, an opportunity. No one possesses true shellings were going on, there always was a additional construction or reconstruction and full information on what happened judge on duty along with several members of the court premises is required, however, to the archives and current proceedings of the staff. By the decision of the Chairman in the 2013–2015. capital expenditures for documents. Proceedings of the district of the TDSCA Popasna District, the court such purposes are not envisaged. courts remained in the occupied territory.

11 www.ccl.org.ua

Popasna District Court

he court worked in the ordinary course until July 2014, although at the moment the authorities of Popasna were actually controlled by the illegal armed for- Tmations. Authorities, including courts, continued to operate. No one ever came to the Popasna District Court with any demands. The Court rendered decisions in the name of Ukraine. The situation changed after the liberation of Popasna, which was accom- panied by warfare. In August-September of 2014, the court was almost out of operation. When the situation had normalized, cases increased in number. People however were not coming back. The work load in the second half of 2014 was much less. In Janu- ary-February 2015 the hostilities resumed — Popasna was almost deserted. The court, however, kept working. In case of necessity, when there were urgent matters related to Popasna District Court criminal proceedings, the judges went to work to extend the period of detention, to take urgent actions, etc. In March 2015, the 1. The condition of the building the monitoring group have not proved it in situation settled down again. The Court and the premises of the Court fact. Access to the premises of the Court is started working again in a standard mode. unimpeded. To date proceedings cover quite a lot of Under the infrastructure and material The building is partially accessible for cases. The territories, which geographically security angle of view, the Court has people with disabilities. For example, there belonged to the jurisdiction of the all the necessary features for the proper is a ramp. However, the hallways in the Pervomaisky District Court, in particular, proceedings. First of all, the Popasna building of the Court are narrow. villages Zolote, Toshkivka, Novotoshkivka, District Court during 2014–2015 has not had added up. Reducing the activity of the to change the premises of the Court. Today 2. Judicial corps and staff citizens is compensated by the increase in there is enough room for judges and court its number. office personnel in the court premises. All Judges staff composition has not Criminal cases where individuals are judges have private rooms equipped with changed. One vacant position is taken by under arrest, the District Court forwards office equipment, furniture, consumables, a judge from Pervomaisk. The court staff to the Appellate Court of Luhansk Oblast symbols of State power. composition has changed by half. Most of for determining their jurisdiction, because There are no queues in the hallways, the posts occupied by persons displaced currently, the Court is not capable of although this is due to two independent from Pervomaisk formerly employed in the providing adequate protection. of the Court’s operation quality factors: Pervomaisk Court. Temporary detention facility (TDF) is its proximity to the line of collision and Since in the area there is no still not working due to security issues. massive departure of the population to specialized police force, it was proposed Problems with delivery of the other areas. to the Court administration to provide defendants began in may 2014. According to In the Court there is a fully equipped additional financing to hire watchmen the police representatives, police could not and well-adapted courtroom. for the monitoring period (3 full time provide escorting, because their weapons Windows which had been damaged as a employments). were taken away at the nearest checkpoint. result of the bombardment in autumn 2014 In this regard, it was impossible to deliver and winter 2015 were replaced. According 3. Access of citizens to justice the accused to the court sessions. Today the to an employee of the archive, the archive accused are delivered from Starobilsk. premises is suitable for preservation of President of the Court reported that To resolve the issue with the delivery legal documents. In the archive’s operation there were cases when the Court previously of the accused, the Court developed no problems were detected. sentenced persons to the real terms of the practice of considering cases via It is worth noting that the premises of punishment, but, due to the fact that they videoconferences with the consent of the the Court is old, there are multiple cracks were serving punishment in the occupied person. But there are also such cases, where that need to be eliminated. However, territories, it happened several times that persons refuse from video conferencing. humidity level in the premises, in particular these individuals were subsequently seen Despite these organizational actions, in the archives, is not too high to be a threat at large (they of course were detained the issue of ensuring criminal process, to the Court’s documentation. when there was a possibility, but the issue especially the delivery of the accused to the Although, according to Chairman of of serving punishment remains open, after courtroom, is an acute problem. the TDSCA there is security in the Court, all, it is not known from which date they

12 Observance of the right to a fair trial in the east of Ukraine, including the territory that is temporarily not controlled by the ukrainian government Justice in exile

are at large, whether this action of theirs is impossible. There is a problem: the should be included in the sentence term, or plaintiff, on the one hand, has the right to whether it is an issue of the re-conviction a fair trial, which includes the execution of for avoiding punishment, etc). judicial decisions, and on the other hand, Popasna District Court considered two the law does not answer the question, what cases of ascertaining the fact of birth and is to be done when a copy of the decision two cases of ascertaining the fact of death. is not delivered to the address of residence Cases, territorial jurisdiction of which of the defendant. Essentially, the plaintiff belongs to Pervomaisk District Court, were loses the right to a fair trial. handed over to Rubizhansk City Court. The Court made a decision on the While the Supreme Specialized Court of notifying the defendant of its decision Ukraine was redistributing the territorial through the website. The Court tried several jurisdiction of the courts, the issue of times to deliver the decision by mail. If the prolongation of commission of the Popasna person becomes aware of the decision, he/ District Court was not resolved. she has the right to apply for cancellation Delivery of persons from the non- of the judgement by default. One of the government controlled areas is impossible. judges had a case when a person applied One of the judges had a case where it could for the cancellation of the judgement by potentially become a problem, however default a year later. The appeal period was it was started before the war and all the recommenced. Thus, the decision can be witnesses had been interviewed. taken, but the person must be provided Notifying of the parties is carried out with the right to effective retrial in his/her under general rules via the press. Often participation. there occurs a problem of notifying people even residing in the Ukrainian government 4. Transfer of cases in controlled areas, owing to the fact that connection with the warfare postal is not always available. The Court also uses the following The Chairman of the Popasna means and methods of notifying the District Court pointed out that during the parties: 1) providing contact information occupation the District Court “missed” of the defendant, bringing the defendant attention of terrorists. Thus, neither archive, to court; 2) notifying the party through a nor other judicial documents (decisions, telephone message; 3) notifying the party proceedings, etc.) had not been affected. through a message on the website of Even Ukrainian flag and coat of arms in her the Court. office remained intact. At the same time, for If the person does not appear, he/she the said District Court there is a problem of shall be informed basing on the place of ensuring proper protection. residence by all possible means. During the hostilities only one civil case The Court takes a decision, but handing was gone from the Popasna District Court. in a copy of the decision through the press

13 www.ccl.org.ua

Novoaidarivsk District Court

3. Access of citizens to justice

The inhabitants of the occupied territories can apply to court visiting it personally, and the consideration of the case and announcing decision with consent of the participants of the hearing can be made via online conferences or in absentia under general terms, about what a resolution is taken and an announcement in the official press is made.

4. Transfer of cases in connection with the warfare

The Court worked continuously, except for the work suspension during the bombardment from 4 September 2014 to September 14, 2014. Documents and court employees for all time of ATO were not evacuated. The archive did not move to anywhere, the cases were never gone from the archive. The archive room is in Novoaidarivsk District Court good condition, warm and bright, with specialized shelves and tables. By the moment, a plan for evacuation ince November 2014 it resumed Each judge disposes of an individual in case of emergency has been developed. its operation. room, judges’ assistants are in a separate The main issue is pre-trial detention room, also there are available separate of Stakhanov and Bryanka, whose cases premises for all court employees, archive were forwarded to the Appellate Court of is in a separate basement premises, Luhansk before its occupation, and after S there are three furnished courtrooms for the occupation started to the present time 1. The condition of the building hearings with special equipment and a the case has not returned, so taking final and the premises of the Court defendant’s dock. legal decision as for these detainees is not possible for the Court. Two-storey separate building that looks 2. Judicial corps and staff Cases, files of which were under pretty tidy from the outside, at the entrance consideration in the judges, and the there are small damages to the flower beds Litigation in the district is organized detained were waiting for decisions while and stairs visible. in full accordance, staff lists 4 judges, 3 of being in the occupied territory, does In the entry hall there is a security guard, them constantly are in the workplace (live in not have there logical completion. As who inquires about purpose of the visit, Novoaidar), one position of judge is vacant, it turned out later, the defendants, the requests to produce a photo identification since as a result of the occupation of Luhansk, decisions on their serving sentences had and makes a record in the log of visitors judge Inna Malchenko moved to the occupied already entered into force, in the occupied (in accordance with the regulations on the territory and did not returned to her official territories were released from custody procedure for the admission of visitors to duties, her place of stay is uncertain, unpunished. the premises of the Court). according to some reports she moved abroad. The cases, which involve property in The premises of the Court is warm, light, The load on judges grew for several the occupied territory, are improperly dealt no wetness felt, audibility is good, space reasons: there is understaffing of judges, with, because even the execution writ is newly redecorated, information and settlements of Triokhizbenka, Sokolniki, cannot be forwarded — postal service is not document samples board is in plain view, Krymske, Shchastya have been reassigned available, and there is no one to mail it to, along the entire hallway there are wooden to the Court for servicing, as well as judges because it won’t be executed. Therefore, the benches for the waiting. Access to the office have to constantly consider additional Court is not able to enforce its decisions on is free, no queues present. Office operation cases involving military personnel the occupied territory. hours are adhered to as scheduled by (desertion, disobeying the leadership, Some documents delivered from the the Court. bodily injury and administrative protocols occupied territory were on the official forms The court room is not readily available for alcohol drinking). and contained formerly valid seals with an to people with disabilities, ramps are By the time of monitoring none of the additional notation “LNR”, but without absent, hallways are narrow. Public toilet judges had passed qualifying assessment, entering them to the registry. with a free access. nobody fell under lustration.

14 Observance of the right to a fair trial in the east of Ukraine, including the territory that is temporarily not controlled by the ukrainian government Justice in exile

Lisichansky City Court

isichansk City Court according to its jurisdiction, considers also cases that are within jurisdiction of courts from the occupied territories of Bryansk, Alchevsk and Perevalsk Districts. The Court operates 10 judges, whereas the staff structure of the court envisages 15 judges. Judge of the Lisichansk District Court Subbota Nikolay Ivanovich, transferred from the Pervomaisk District Court, agreed to communicate with the monitors and informed that he was one of those judges who after the occupation of the Pervomaisk District Ltransferred to another court. Since he lived in the Popasna District and and was employed as a judge of the Pervomaisky District Court, the issue of obtaining accommodation was not relevant for him. After the occupation of Pervomaisk, he never went to work and submitted an application for transfer to another court. During his stay in the forced “vacation” he received a regular fixed salary (fte). In addition, the judge Subbota confirmed the information provided by the Chairman of the TDSCA, as for provision of a working place and necessary office equipment for him. As for the workload, the distribution of cases is carried out by the authoring system.

15 www.ccl.org.ua

PROCEEDINGS IN THE “DNR” AND THE “LNR”

until the occupation. The case the information of Ukraine they n areas that are controlled by so- remained in the building of the are in pre-trial detention center. called “LNR” and “DNR”, there were Court. The defendant moved to the Defendants would be happy to have left many legal cases and materials of territory controlled by Ukraine. their case considered in Ukraine, the criminal proceedings. however, the case was considered under the CPC of Ukraine of 1962, The information database of the In the “DNR” the case has been and the procedure of restoration of “redone” as per their legislation, MIA of Ukraine, when queried, outputs proceedings is not foreseen there. I the defendant is placed on an information that pre-trial restrictions on Therefore, case consideration “international wanted list”. certain persons were imposed as late as without its files is impossible. in 2013–2014. And sometimes even earlier On the territory of Ukraine the (CPC of Ukraine of 1962). At present, pre- case is not considered due to the trial restriction is still in effect. However, fact that case files are missing. One should take into account that Despite the fact that the CPC of neither the pre-trial investigations nor Ukraine of 2012 contains rules the criminal legislation of the Russian courts do not consider such cases as the about the restoration of the Federation is very much different from that materials are missing and by order of the missing proceedings, the pre-trial of Ukraine. Sometimes people of average, MIA of Ukraine the investigative bodies restriction is still in effect. in view of Ukrainian legislation, severity were liquidated. of crime now can be sentenced for over 10 At the same time investigative bodies years of imprisonment. In addition, unlike of “LNR”/”DNR” transferred these cases Besides, since these cases are the Criminal Code of Ukraine, the Criminal in accordance with their “own” legislation, not covered by the legislation of the Code of the Russian Federation and that of i. e., the CPC of Ukraine of 1962, the CC of the “LNR”/”DNR” at the time, they considered the “LNR”/”DNR” contain death penalty as Russian Federation. Thus, the challenge by the so-called judges “in the name of a capital punishment. will be recovering materials of such cases Ukraine”, although at the moment no court Especially difficult in view of justice even after the liberation of the territories. of Ukrainian jurisdiction on this territory is the situation regarding the persons for In 2009 a crime was committed, which officially exists. whom the courts of Ukraine decided a pre- is qualified under section 4 of article 187 of The Kyiv District Court of Donetsk trial restriction in the form of detention the Criminal Code of Ukraine.6 passed a decree, under which five people before the occupation of the territories. are under arrest since 2009. The Court con- By courts of “LNR”/”DND” most of these In may 2013, the sentence of siders the case under the regulations of CPC people are released from custody. However, the Budyonivsk District Court of Ukraine of 1962 7. according to the data of the Information of Donetsk, was cancelled by Center of MIA of Ukraine, their pre-trial Appellate Court of Donetsk Oblast, and the case was sent out for The case now is considered by the restriction in the form of detention under the pre-trial investigation. The Court of “DNR” that released all the custody is still in effect. So, while crossing initial pre-trial restriction was five from custody. The case under borders they should be arrested and put changed to written undertaking the old charges, is considered “in the name of Ukraine”. To date, the in pre-trial detention center. Moreover, not to leave the place of residence under our law they have to face a threat (CPC of Ukraine of 1962). In the consideration of the case in the autumn of 2013 already under “DNR” is suspended. Case files are of additional charges of escape. And it is the CPC of Ukraine of 2012 the transferred to the “Supreme Court so despite the fact that these persons did case is once again sent to the of ‘DNR’ ” for transferring them to not commit such crime, and their case Ukraine. Moreover, people cannot Budyonivsk District Court of files proving their guilt or innocence are Donetsk. The trial continued leave for the territory controlled by Ukraine, because according to missing in Ukraine.

6 According to the information from attorneys 7 According to the information from attorneys

16 Observance of the right to a fair trial in the east of Ukraine, including the territory that is temporarily not controlled by the ukrainian government Justice in exile

In 2004 a crime was committed, which Information in the media about handling October 24, 2015 there issued another is qualified under section 3 of article cases in the courts of the “DNR” and the “Decree” “On the Commencing Operation of 8 187 of the Criminal Code of Ukraine. “LNR” is extremely fragmentated and does Courts of the Luhansk People’s Republic” 16. In 2009, there were detained not allow to establish the order of the November 02, 2015 there appeared a new four people who faced charges proceedings 9. “Decree” “On Appointment of Judges” 17, and a pre-trial restriction in the The only open source that provides which appointed judges of the Rovenkivsky form of detention in custody. at least some information about the City Court (president and two judges). 17.03.2014 the Appellate Court of proceedings in the occupied territories, is November 16, 2015 there were issued two Donetsk Oblast cancelled the verdict the website of the “Supreme Court of ‘DNR’ ”, “Decrees” “On Staff ID Cards of Court Office of the Kyiv District Court, and the which contains general statistical data Employees of Luhansk People’s Republic” 18 case was sent out for the pre-trial investigation, the initial pre-trial and generalization of practice in the form and “On Staff ID Cards of Judges of Luhansk 10 19 restriction was changed to written of “Decisions of the Plenum” . As for the People’s Republic” . undertaking not to leave the place of “Supreme Court of “LNR” this information December 2015 turned out very “fruitful” residence (CPC of Ukraine of 1962). is completely absent. in terms of “decrees”, which regulate the In December 2015 — January 2016 it Also in open sources one can find activity of the “justice”, in particular, 4 was informed that Kyiv Police District separate “legal acts” of “LNR” and “DNR”, “regulatory enactments”. December 03, Department is eliminated. The case regulating the operation of their judicial 2015 — “On Commencing Operation of record is made in the Register ex 20 post. No person received a notice systems, such as the “Constitution”, Rovenkovsky City Court” , December 11 of suspicion. The investigation is the “criminal code of “DNR” , “rules of 25, 2015 — “On Appointment of Judges” not conducted, because the case criminal proceedings in the “DND” 12, the which appoints 6 persons for the positions files remained in the building of the “regulations on military courts of “DND” 13. of presidents, deputy presidents and Kiev Police District Department. As the Chairman of the Territorial judges of Rovenkisky and Stakhanovsky At the same time, according to Directorate of the State Judicial City Courts 21, December 28, 2015 — “On the data of the Information Center, Administration in the Luhansk Oblast Commencing Operation of Stakhanovsky these individuals are still under explained, they keep track of news City Court” 22, December 28, 2015 — “On pre-trial restriction (according to CPC, of 1962 its effect is unlimited). concerning judges who remained in the Changing Territorial Jurisdiction of Cases occupied territory, including through the Handled by the Courts” 23. By order of the Chairman of the “decrees of the chairman of the “LNR”. That is, the activity of the “Chairman Supreme Special Court of Civil and Analysis of data and information, of “LNR” regarding the formation of the Criminal Cases dated 02.09.2014, cas- though limited, but from the “official” “judicial power” features a prominent es, assigned to the jurisdiction of the Kyivsky District Court of Donetsk to be source, gives reason to speak about the energy in the background of the “decrees” transferred to Pavlograd City District efforts of the “LNR” to establish its own related to other spheres of life of the Court of Dnipropetrovsk Oblast. judicial system. occupied territories. The documents issued “Official website” of the “Head of “LNR” by the “Chairman of “LNR” list the names In this connection there was filed a pe- Plotnitsky 14 informs of the organization of judges, and therefore, the question arises, tition for the cancellation of the pre-tri- of the operation of several courts and his how many persons from those named in al restriction. The case is pending. appointment of judges. The active phase Plotnitsky’s “decrees”, are former judges in the judicial system began in 2015 with of the Ukrainian courts. And the main In open sources the information “Decree” “On Approval of Regulations thing — whether they really are former? concerning the proceedings in the “DNR” of Qualification Board of Judges of the Will turn so that judges who “administer and the “LNR” is almost non-existent. Luhansk People’s Republic” (registration justice” on the occupied territories by Under the legislation of Ukraine, all the date 14.08.15). What was before this is this time are still deemed to be judges of decisions in the cases handled by the courts impossible to imagine, at least basing on Ukraine and receive a salary instead of a of Ukraine, are placed in the public domain the “official” publications (only “official criminal case with regard to themselves? on the website of the Unified State Register legal proceedings” are meant). October 01, This by all means needs to be found out for of Court Decisions. However, the courts are 2015 there was registered “Decree” “On a full and objective picture of Justice in the located in the occupied territories and are Appointment of Judges” 15, which appointed occupied territories, because there arises subject to the “DND”/”LNR” do not place “presidents”, “deputy presidents” of the a question of liability, and in particular, information on their decisions neither military and district courts of the “LNR” of the legal one. To do so, one needs to to USRCD nor in any other open source. and appointed judges of these courts. make queries, with copies of Plotnitsky’s

8 According to the information from attorneys 9 Examples of descriptions of 12 www.xn‑80aafh5ax4a2e. 18 www.glava-lnr.su/sites/default/ the work of the courts in the dn.ua/publ/ugolovnoe_pravo/ files/pdf/601011115.pdf media www.06242.com.ua/ ugolovnoe_pravo_uk/pravila_ article/962127 www.obozrevatel. ugolovnogo_sudoproizvodstva_ com/crime/06425-v-dnr-zapretili- dnr_doneck/5–1–0–108 19 www.glava-lnr.su/sites/default/ upa-lyashko-i-igil.htm www. files/pdf/600011115.pdf admin-gorlovka.com/news/1138- ispolnenie-reshenij-sudov-ukrainy- 13 www.constitutions.ru/?p=10200 20 www.glava-lnr.su/sites/default/ na-territorii-dnr files/pdf/641_bez_pechati.pdf 14 www.glava-lnr.su/arhiv 10 www.supcourt-dnr.su/sdep/stat/ 15 www.glava-lnr.su/sites/default/ 21 www.glava-lnr.su/sites/default/ obshchie-pokazateli-raboty- files/pdf/502011015.pdf files/pdf/jpg2pdf_3.pdf verhovnogo-suda-i-sudov- doneckoy-narodnoy-respubliki-pri‑0 16 www.glava-lnr.su/sites/default/ 22 www.glava-lnr.su/sites/default/ files/pdf/563011015.pdf files/pdf/695_1_12_15.pdf 11 www.advokaty.dn.ua/criminal- codex-dnr 17 www.glava-lnr.su/sites/default/ 23 www.glava-lnr.su/sites/default/ files/pdf/587011115.pdf files/pdf/695_01_bez_pechati.pdf

17 www.ccl.org.ua

“decrees” enclosed, to the bodies of the exclusively in paper form through a branch not been established and inflicted SBU (Security Service of Ukraine), the of the State Enterprise “Mail of Donbass”, serious injuries on the two men as a result of which one of them died. Prosecutor’s Office as well as the State or, in some cases, “Ukrposhta” 26. Court Administration of Ukraine and Information on the procedure of The composition of the Court: the Higher Qualification Commission of collection of court fees and correspondence Nos, Balu, Sedoi (judges), Zubr Judges of Ukraine with questions whether between the courts in the territory, which (Secretary). Parties to the case: Trifon (for the prosecution), the persons administering “justice” in the is under the control of the “LNR”, is not Advokat (for the defense)27. “LNR” belong to the judiciary corps. available. The court fee in the “DNR” is charged As one can see, the so-called the “DNR” Applicable law: The Criminal Code of on the basis of the Law “On Court Fees” of and the “LNR” significantly advanced Ukraine, the Criminal Procedure Code 20.03.2015 24. Fundamentally it is similar to in making semblance of state power and of Ukraine, the Decree of the Presidi- um of the Supreme Soviet of the USSR the Ukrainian Law “On Court Fees”. The its legislative support that relates also “On Martial Law” dated 22.06.1941. main difference is the one in the methods of to operation of courts. However, the one calculating fees. On some positions the fee example (the case files were presented at The sentence: Death penalty by shoot- amount is fixed (in Ukraine, the amount of the Conference of OSCE in Warsaw in 2015) ing. The sentence enforced 22.06.2014. the fee depends on the price of the claim or explicitly demonstrates falseness of this is calculated as a share of minimum wages). legislation and disrespect toward it on the Payment of the court fee is carried out part of the bodies of terrorist groups. It may be stated that the decision and through the “Central Bank of “DNR” with the procedure not only violate Ukrainian the details provided by a particular court, The facts according to the informa- legislation and international law, but also which handles the case 25. In addition, tion given in the text of the “sen- the own “law” of artificial republics. So, according to the information on website of tence”: The person was detained according to the “law” of the “DNR” itself, 02.06.2014 at the “DND” check- the “Supreme Court of “DNR”, payment of point in the area of Kramatorsk. at the time of the pronouncement of the the court fee is possible both in Ukrainian On the defendant’s own confession, “sentence”, such body as a “Military-Field hryvnias and in Russian roubles at the he belonged to the Ukrainian Tribunal” did not exist, the regulation “On discreation of the person who pays. paramilitary organization. As a the Military Courts” was adopted by only Information regarding payment of the court member of subversive-intelligence 17.08.2014. In addition, the death penalty is group, he received a task to fee with a bank card or online in the open monitor the movement of the “DNR” prohibited by their internal “Constitution.” sources is not available. armed forces in the area of the The persons who made the sentence most The official correspondence of the checkpoint. Being near the check- likely did not have status of the judges and courts with the parties in the cases point, the defendant for unknown any special legal training, but they are and between themselves is carried out reasons with a knife attacked “DNR” militants. two people, whose identity has

24 www.dnrsovet.su/zakon-dnr-o-sudebnom-sbore. 25 www.fromdonetsk.net/evgenii-kizernis-o-notariate-v-dnr.html www.supcourt-dnr.su/sudebnyy-sbor. 26 www.advokat-donetsk-jurist.dn.ua/statyi/31-kak-podat-v-sud-zhitelyam-donetska-i-donetskoj-oblasti-kotorye-ostalis-v-dnr- konsultatsiya-yurista-kuda-perenesli-sudy-iz-donetskoj-oblasti.

27 Obviously these names imply noms de guerre of the DNR militants.

18 Observance of the right to a fair trial in the east of Ukraine, including the territory that is temporarily not controlled by the ukrainian government Justice in exile

CONCLUSIONS AND RECOMMENDATIONS

ourts in the territory of Luhansk and Donetsk Oblasts have the same problems that most Ukrainian courts — too small rooms, understaffing, insufficient funding, premises not suited for people with disabilities, etc. However, in the mentioned areas, all these problems grow more acute and critical. Added is the problem of the violation of the transport, postal and banking infrastructure of the oblasts in areas close to the line of delimitation, and there, where military operations went on. All of this together makes impossible the implementation of access to justice for residents of such areas because there are Cno real opportunities to physically get to court or communicate with it remotely, even if the court keeps operating due to its relocation to another, safer place.

1. The transfer of courts from the occupied territories in practice 4. Security provision of the courts is inadequate. Although a has led to a significant increase in the workload on the indi- free access to court is a natural component of the right to a vidual courts in the Ukrainian government controlled parts fair trial, in conditions close to war, it makes sense to intro- of Luhansk and Donetsk Oblasts. duce additional security measures.

2. The courts, despite the increase in workload twofold, remain 5. Unresolved is the problem of transportation of archives understaffed, that is simply unacceptable taking into account that remained in the occupied territories, what leads to the the existing queue of those wanting to take a position of violation of the right to a fair trial and other fundamental a judge. human rights.

3. In the courthouses, where the courts from the occupied 6. The region’s infrastructure, including transport, mail and territories were moved to, there are not enough courtrooms, banking services, requires urgent renovation. individual rooms for judges, which greatly complicates the delivery of Justice.

In general, this situation may last only temporarily and needs immediate strategic decision-making for the proper solution of the issue.

The Verkhovna Rada • To resolve legislatively the issue of must be sourced, or the staff of the Of Ukraine: notifying citizens about court pro- courts, which are already in opera- • to support legislatively the initiatives en- ceedings in cases, when notifying in tion, must be made up to fit the de- suring the right to a fair trial in Luhansk the usual way is impossible due to mand. While developing the strategy and Donetsk Oblasts. In particular, the the situation of an emergency nature. one should proceed from the fact that provision of opportunities to recover lost the number of courts must meet the proceedings for cases that were handled The State Judicial real demand of the population in the under old CPC, for example, through the Administration: ATO area in defending their rights use of analogy of justice. • to develop a strategy aimed at re- and interests. covery of availability of justice in • To regulate legislatively the proce- Luhansk and Donetsk Oblasts. This • To resolve the issue of providing ser- dures that would have allowed judg- strategy should be based on analysis vice accommodation to the judges, es to consider cases in which the par- of the situation in each of the courts, who were forced to leave temporarily ties or the case files are in Ukraine’s on the basis of which either new occupied areas. To develop a mech- temporary non-controlled area. premises for operation of the courts anism for the provision of service

19 www.ccl.org.ua

accommodation in accordance with The Ministry of International organizations: the amendments to the law that were Infrastructure of Ukraine • To urge continuously the represent- adopted in 2014, which give judges • To consider urgently the issue of atives of organized armed groups of the right to such housing. recovery of infrastructure and pro- the so called “LNR”/”DNR” and those viding residents of areas close to the of the Russian Federation to stop the • To consider the opportunity to line of delimitation with opportuni- gross violations of the right to a fair provide employment to judges, who ties of visiting the court personally trial of people who are in Ukraine’s were forced to leave temporarily oc- and communicating with it by mail. temporary non-controlled areas. cupied areas, in particular, through In particular, to provide Internet employing them in the courts that connection in these areas and create • To participate in the negotiations as were transferred/relocated. postal service pick-up points. for the return of the archives of the courts of Ukraine, which remained • In front of the Parliament and the National Bank of Ukraine: in Ukraine’s temporary non-con- Government to raise an issue of the • To promote recovery of operation of trolled areas. necessity of legislative regulation of banking outlets in the areas close to additional monetary incentives for the line of delimitation. • The Contact Group on peaceful settle- judges and court office personnel of ment of situation in the East of Ukraine the courts in Luhansk and Donetsk Ombudsman (The Verkhovna Oblasts. Rada Commissioner • To look for ways to return the archives of for Human Rights): the courts of Ukraine, which remained • To promote development of video • To carry out monitoring of in Ukraine’s temporary non-controlled conferencing in courts and provide accessibility of justice in Luhansk areas. To include this issue in the list of the courts with all necessary techni- and Donetsk Oblasts, basing on topics for discussion during the meet- cal equipment in accordance with the the monitoring results to prepare ings of the trilateral contact group in the data received from analysis of needs Ombudsman’s special report. Minsk process. of each of the courts. Civic organizations: • To revise the security measures tak- • To take an active part in monitoring en in the courts located in the areas the situation in Donetsk and Luhansk close to the line of delimitation, and Oblasts, primarily to determine the to complete court security staffing problems of each court, and in the in full. development of strategies to restore the accessibility to justice in these areas.

20 Observance of the right to a fair trial in the east of Ukraine, including the territory that is temporarily not controlled by the ukrainian government Justice in exile

Center for Civil Liberties

Founded in Kyiv in 2007 to promote and strengthen the values of human rights, democracy and solidarity, the principle of human dignity in Ukraine and Eurasia. The main goal of the CCL is to protect fundamental rights and freedoms. Our organization represents the interests of the society, carrying out control of national authorities and regional authorities on the subject of human rights.

01004 Kyiv 9-G Basseina Str., office 25 www.ccl.org.ua [email protected]

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ctin uncne AND RELOCATION OF COURTS O FROM NONGOVERNMENT CONTROLLED AREAS COURTS THAT CHANGED THEIR № OPERATING COURTS APPELLATE COURTS OF TERRITORIAL JURISDICTION LOCAL COURTS OF LOCAL COURTS OF GENERAL GENERAL JURISDICTION, Orikhiv District since 02.09.2014 – GENERAL JURISDICTION OF JURISDICTION OF DONETSK 35 Court of Zaporizhia Amvrosiivka District Court of ADMINISTRATIVE AND Oblast Donetsk Oblast LUHANSK OBLAST OBLAST Pologiv District since 02.09.2014 – ECONOMIC COURTS 36 Court of Zaporizhia Dokuchyevsk City Court of Oblast Donetsk Oblast

Chernigiv District since 02.09.2014 – Kirov City 37 Court of Zaporizhia Court of Donetsk Oblast COURTS THAT CHANGED THEIR Oblast COURTS THAT CHANGED THEIR OPERATING COURTS NAME OF THE COURT WHERE AND WHEN WAS JUSTICE EXECUTED OPERATING COURTS № TERRITORIAL JURISDICTION № № TERRITORIAL JURISDICTION Pryazovsk District 02.09.2014 since 02.09.2014 – since – since 02.09.2014 – Btiankiv Dobropilsk City 38 Court of Zaporizhia Novoazovsk District Court of since 02.09.2014 – Kharkiv Oblast Авдіївський City Court of City Court of Luhansk Oblast, 23 District Court of Oblast Donetsk Oblast Court of Appeals Donetsk Oblast, Khartsyzk Alchevsk City Court of Luhansk Donetsk Oblast Lysychansk City City Court of Donetsk Oblast Kuibyshevskyi since 02.09.2014 – Luhansk Oblast 9 Court of Luhansk Oblast 1 since 17.02.2015 – operation 39 District Court of Snizhnyansk City Court of Court of Appeals Oblast Oleksandrivsk from 02.09.2014 – resumed at the address of 93404, Zaporizhia Oblast Donetsk Oblast since 08.12.2014 – Perevalsk 24 District Court of to14.11.2014 Debaltsevo City Luhansk Oblast, Sievierodonetsk, District Court of Luhansk Oblast Donetsk Oblast Court of Donetsk Oblast Tokmak District since 02.09.2014 – 16 Lenina St. 40 Court of Zaporizhia since 02.09.2014 – Yenakiieve Starobeshiv District Court of Starobilsk District Artemivsk City Oblast since 02.09.2014 – Antratsyt City City Court of Donetsk Donetsk Oblast 2.1 Mariupol, 1a Lenina Ave. – 10 Court of Luhansk 25 District Court of District Court of Luhansk Oblast Oblast, Zhdaniv City Court of since 02.09.2014 – Torez operation never suspended Oblast Donetsk Oblast Berdyansk City Donetsk Oblast City Court of Donetsk Oblast, Kreminna District 41 District Court of since 02.09.2014 – Kirov City Shakhtarsk City District Court 2.2 from 02.09.2014 – to 11 Court of Luhansk Druzhkivka City since 02.09.2014 – Zaporizhia Oblast Court of Luhansk Oblast of Donetsk Oblast 21.05.2015 (except for cases, Oblast 26 Court of Donetsk Yasynuvata City District Court Oblast of Donetsk Oblast criminal proceedings that since 02.09.2014 – Leninskyi Prymorsk District since 02.09.2014 – Svativ District are subject to or under District Court of Luhansk, since 02.09.2014 – Kalynivka 42 Court of Zaporizhia Telmanivskyi District Court of 12 Court of Luhansk Oblast Donetsk Oblast Donetsk Oblast consideration of Donetsk Krasnodon City District Court of Sloviansk City District Court of Horlivka, 2 Oblast Court of Appeals Oblast 27 District Court of Mykytivka District Court of Court of Appeals Luhansk Oblast Pokrovske stationed in Mariupol, Donetsk Oblast Horlivka, Tsentralno-Miskyi District з 02.09.2014 – по 06.04.2015 since 02.09.2014 – Stanychno- District Court of Donetsk Oblast) – Zaporizhia Novopskovsk Court of Horlivka 43 Mariinka District Court of Luhanskyi District Court of Dnipropetrovsk Oblast Court of Appeals 13 District Court of Donetsk Oblast Luhansk Oblast, Krasnolutskyi since 02.09.2014 – Budionivsk Oblast Luhansk Oblast District Court of Donetsk, Kirov City Court of Luhansk Oblast since 02.09.2014 – Kyivskyi since 21.05.2015 – operation Krasnoarmiisk City District Court of Donetsk Pavlograd City since 02.09.2014 – Artemivsk District Court of Donetsk, resumed at the address of Bilokurakyne 28 District Court of District Court of District Court of Luhansk, 44 Kalyninskyi District Court Donetsk Oblast, Artemivsk, 10 14 District Court of Donetsk Oblast since 06.04.2015 – Mariinka Dnipropetrovsk Lutugyne District Court of of Donetsk, Kuibyshevskyi Lenina St. Luhansk Oblast District Court of Donetsk Oblast Luhansk Oblast District Court of Donetsk since 02.09.2014 – Kharkiv Oblast Oblast Volodarskyi District Economic Court since 02.09.2014 – Pervomaisk since 02.09.2014 – 45 Court of Donetsk Luhansk Oblast City Court of Luhansk Oblast Sediliv City Court of 3 Rubizhne City 29 Oblast Economic Court з 02.04.15 відновлено роботу 15 Court of Luhansk Donetsk Oblast Voroshyliv District Court of за адресою м. Харків проспект since 12.09.2014 – по 14.11.2014 Vugledar City Court Oblast Donetsk 46 Леніна, 5 Novoaidar District Court of of Donetsk Oblast Luhansk Oblast since 02.09.2014 – Leninskyi since 02.09.2014 – Kharkiv Dzerzhynsk City District Court of Donetsk, Dymytrovskyi City Economic Court of Appeals since 02.09.2014 – Sverdlovsk 30 Court of Donetsk Bilovodsk District Proletarskyi District Court of 47 Court of Donetsk Donetsk Oblast City Court of Luhansk Oblast, Oblast 4 16 Court of Luhansk Donetsk Oblast Economic Court since 09.04.15 operation resumed Rovenky City Court of Luhansk Oblast Krasnolymanskyi at the address of Kharkiv, 5 Lenina Oblast since 02.09.2014 – Petrovskyi 31 City Court of Pershotravnevyi Ave. Sievierodonetsk District Court of Donetsk since 02.09.2014 – Stakhanov Donetsk Oblast 48 District Court of 17 City Court of since 02.09.2014 – Kharkiv District City Court of Luhansk Oblast Donetsk Oblast Administrative Court Luhansk Oblast since 02.09.2014 – Kirovskyi Kramatorsk City District Court of Makiivka, Donetsk Economic Not relocated 5 Troitske District 32 Novogrodivka City Court of Appeals since 27.03.2015 operation resumed at since 02.09.2014 – Zhovtneve Court of Donetsk Sovietskyi District Court of 18 Court of Luhansk 49 Court of Donetsk the address of 93411, Sievierodonetsk, District Court of Luhansk Oblast Makiivka, Girnytskyi District Oblast Oblast 18 Kosmonavtov Ave. Court of Makiivka since 02.09.2014 – since 02.09.2014 – Prymorsky District since 02.09.2014 – Kharkiv District Kamianobridskyi District Court Tsentralno-Miskyi District 50 Court of Mariupol Administrative Court Markiv District of Luhansk Court of Makiivka, Luhask District 19 Court of Luhansk Chervonogvardiiskyi District Zhovtnevyi District 6 Administrative Oblast since 12.09.2014 – Court of Makiivka 51 since 27.03.2015 operation resumed at Kostyantynivskyi Court of Mariupol Court Slovianoserbskyi District Court the address of 93411, Sievierodonetsk, 33 City District Court Illichivsk District 18 Kosmonavtov Ave. of Luhansk Oblast since 16.02.2015 – Debaltsevo 52 of Donetsk Oblast City Court of Donetsk Oblast Court of Mariupol since 14.11.2014 – operation since 02.09.2014 – Zaporizhia resumed (from 14.11.2014 to 16.02.2015 Ordzhonikidze District District Administrative Court Novoaidar District 53 Donetsk District operation of Debaltsevo City Court of Mariupol 20 Court of Luhansk (from 12.09.2014 – to 14.11.2014 7 Administrative Court was resumed) since 22.12.2014 operation Oblast Court jurisdiction area changed for resumed at the address of Rubizhne City Court of Luhansk since 26.11.2014 – operation Sloviansk, 2 Dobrovolskogo St. Oblast) resumed

since 02.09.2014 – Kharkiv Milove District (from 02.09.2014 to 26.11.2014 Administrative Court of Appeals 21 Court of Luhansk Volnovakha District jurisdiction area changed for Donetsk Oblast 34 Court of Donetsk Velyka Novosilka District Court 8 Administrative Location did not change Popasna District Oblast of Donetsk Oblast) Court of Appeals since 14.11.2014 operation resumed at the address of Kramatorsk, 15 Marata 22 Court of Luhansk St. (building of School of Art) Oblast Velyka Novosilka District Court of Donetsk Oblast (02.09.2014 – 26.11.2014)

ANNEX 1 LIST OF COURTS ANNEX 1 LIST OF COURTS COURTS THAT CHANGED THEIR № OPERATING COURTS APPELLATE COURTS OF TERRITORIAL JURISDICTION LOCAL COURTS OF LOCAL COURTS OF GENERAL GENERAL JURISDICTION, Orikhiv District since 02.09.2014 – GENERAL JURISDICTION OF JURISDICTION OF DONETSK 35 Court of Zaporizhia Amvrosiivka District Court of ADMINISTRATIVE AND Oblast Donetsk Oblast LUHANSK OBLAST OBLAST Pologiv District since 02.09.2014 – ECONOMIC COURTS 36 Court of Zaporizhia Dokuchyevsk City Court of Oblast Donetsk Oblast

ANNEX 1 LIST OF COURTS ANNEX 1 LIST OF COURTS www.ccl.org.ua

NOTES

26 Observance of the right to a fair trial in the east of Ukraine, including the territory that is temporarily not controlled by the ukrainian government Justice in exile

NOTES