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some of the systemic problems are concerning the improvement of the
situation in the legislation. But some recommendations are concrete
cases. I am not involved this concrete recommendation in annual
report so it is a broader understanding of situation with human rights
in annual report than in concrete case. So, I must say that now the
situation with the speediness of criminal procedure in Ukrainian court
is a little bit better, in accordance with the case law of the European
Court of Human Rights. So, now we do not have a lot of cases from the
European Court of Human Rights concerning Ukraine and concerning
the violation of the rank of the procedure. So, now we have concrete
results.
CHAIR: I am happy to report that after very sternness negotiations as all
ombudsman should do with the administration I have been able to secure
extra time for us. So, we now go until 12 o’clock because the closing session
will be this one. So, again I thank the organizers and I will greatly take the
additional questions but I’ll give the floor now to the ombudsman of Sudan
for his second and last question and I’ll take the other one. Sir?
AHMED TIGANI (Ombudsman of Sudan)
Thank you very much. Thank you Mr. Chairperson. Now, I think I’ll
go back to my friend Peter, the ombudsman of Ireland. I think his
presentation is very informative.
The presentation of Peter, the ombudsman of Ireland is very
informative if not educational. Now, I want to stress upon the last
item of his presentation concerning the refusal of the ombudsman
recommendation concerning taxation, so it is most and equitable, this
will lead me to a symposium held in Kenya last February about the
binding elements of the ombudsman. Is the recommendation binding
a binding administration or not? The common law you see in this
aspect as of opinion that the recommendation is not that binding. But
there is a deviation here I would like to draw the attention of my friend
Peter at it.
There is a deviation from that decision to say that the last decision
of the high court in England is referring to the fact that there are
certain areas where the recommendation of the ombudsman would
be binding and mandatory upon the administration. This is where
rd
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