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the European Court of Human Rights and in accordance with our
criminal procedural court case law of the European Court of Human
Rights is a part of our practices. So, I can apply to the president of the
court and I can give him the signal that here in this concrete case that
is now in the procedure in the court I see some signal of violation of
human rights concerning the length of the procedure and it will be the
new case in the European Court of Human Rights and it will be a new
violation from Ukraine the right of the person for free trial in the ranks
of the procedure. I must say that is really very effective measures and
after the receiving of such recommendation the procedure is more
sooner but it is not the interference in the administrative of justice
it is only the question of ranks only the recommendation that was
sent by the ombudsperson to the president of the court grounded
on the case law of the European Court of Human Rights. So, I think
that is not interference, not violation Ukrainian constitution and not
the interference in the administrative of justice. I must say that such
application concerning the ranks of the procedure we receive very often
it is around 60% of our applications that we receive in our court, this
is a systemic problem in Ukrainian justice and such recommendations
that were sent from the ombudsperson office are very effective and
very helpful for applicant who apply to us. Thank you.
CHAIR: Let me thank you warmly for setting an excellent precedent of 3 rd INTERNATIONAL SYMPOSIUM ON OMBUDSMAN INSTITUTIONS
being very close to your time, under your time indeed, thank you very much
for that and it gives me a chance to be able to make a few comments again
as chair with an eye to facilitating discussion.
The importance of this particular session is that touches on specific topics
that are very critical for the capacity ombudsman institutions to be able to
exercise their authority and to demonstrate their independence. The issue
of the whether an ombudsman has the right to intervene before a court is
an extremely important issue and many ombudsman and certainly most of
the older ombudsman in the older democracies do not have that right. This
is a right that I think is visible much more in the more recent democracies
which particularly those post-communist countries which came out of a
regime of high political interference with justice and therefore the attempt
to try and create different kind of balances by strengthening the capacity
of independent authorities to be able to have access records to court to
defend human rights.
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