Page 249 - kdk-sempozyum-3

hand so that you can be given a microphone and identify yourself please
and try and ask one question at a time. It will be easy for the panelist and
fair for the others. Who would like to ask questions - a question?

I see two hands, over here please?

AHMED TIGANI (Ombudsman of Sudan)
My name is Ahmet Tigani, I am the ombudsman of the Sudan. As I said
unfortunately, I am having three questions for each of the panellists.

CHAIR: Ask one question first and then I’ll give you the floor when the
others have done so you can come back but let’s make it this way to be fair,
your first question first and I come back afterwards.

AHMED TIGANI (Ombudsman of Sudan)

You’ve said we have plenty of time. Now, let me begin with the Ukrainian
ombudsman. As I understand the Ukrainian procedure is very much
attached to the European law and procedure, to my mind sometimes
you find some sort of dichotomy between the national laws and the
European court procedures. My question is which should precede the
other in case of any dichotomy or in case of any contradiction between
the national and the orders of the European court which law should 3 rd INTERNATIONAL SYMPOSIUM ON OMBUDSMAN INSTITUTIONS
prevail? This is the first question. Thank you.

VALERIYA LUTKOVSKA (Ombudsman of Ukraine)
Thank you very much for this question, our legislation is very oriented
to the European standards in the field of human rights in terms as I
said that the criminal procedural courts that came into force in 2012 is
fully in compliance with the European standards in the field of human
rights. But now we have some period of time when both of courts old
and new can be useful for concrete cases with general concrete rules
in accordance with concrete case. The old criminal procedural court
was not so ideal and if the case is heard before the court in accordance
with old criminal procedure court it can be for example 6 years
of judicial procedure to find the person guilty or not. It is a normal
situation, so how can the ombudsperson if the court is independent
and ombudsperson cannot intervene in the procedure.

16 - 17 September 2015, ANKARA | 247