Member of the High Council of Justice Oleksandr Sasevych took part in the expert consultations held in Krakow entitled “Political dialogue on accountability for international crimes as part of broader justice sector reform and Ukraine's EU accession process”.
The process of holding accountable for war crimes committed by aggressors in Ukraine requires coordination of efforts by national and international structures. At the core of these efforts lie the implementation of appropriate and reliable international accountability instruments, the harmonisation of national legal frameworks and practices with international standards of justice and relevant EU standards.
The objective of the expert consultations is to develop a comprehensive strategic review of national measures to ensure accountability for crimes, taking into account all relevant aspects of the justice process. Joint consultations will create an integrated understanding of the entire process of ensuring accountability – from collecting information and transforming it into admissible evidence, conducting investigations and criminal prosecutions, to all stages of trial and ensuring the execution of sentences and penalties; and will help identify achievements, challenges and future areas of activity.
During the consultations, sessions were held covering topics such as investigation, criminal prosecution, trial, defence and execution of the sentence:
- strengthening institutional resilience and strategic coordination for the effective investigation and trial process of international crimes;
- strengthening the capacity of the judicial system to resolve conflict-related crimes and protection functions;
- penitentiary system and probation;
- from government to civil society: advancing justice and accountability in Ukraine.
Olexandr Sasevych called it extremely important to discuss a wide range of topics – from institutional reform and the development of victim-oriented justice capabilities and coordination mechanisms to the evolution of the role of civil society and cooperation with external stakeholders. He also focused on the challenges facing the justice system.
The member of the HCJ focused on the significant shortage of judicial personnel. He informed that currently the judicial system lacks 2137 judges that is almost a third (32.5%) of the total number of positions. The most critical situation is in the courts of appeal, where 768 positions remain vacant – more than half of the total number (56.6%).
In his opinion, given the extent of the personnel shortage and the need to quickly fill the ranks of judges, it would be advisable to consider reducing the duration of candidate selection procedures and revising the stages of the competition. According to Oleksandr Sasevych, the experience of Moldova and Lithuania, where representatives of civil society participate in judicial governance bodies, should be examined in more detail. It would be worth discussing among professionals the possibility of including several representatives of the public in the High Qualification Commission of Judges of Ukraine. Such an approach would make it possible to reduce the duration of personnel procedures.
Olexandr Sasevych also noted the importance of focused training of judges and adaptation to the consideration of not only war crimes cases, but also cases involving military personnel/war veterans and their family members.
The HCJ member also appealed to international partners with a request to analyze the possibility of supporting the development of the Unified Judicial Information and Telecommunication System in Ukraine and strengthening digital technologies in courts. Since the termination of technical assistance from the United States Agency for International Development (USAID), all activities related to the implementation of new UJITS modules have been suspended.
Oleksandr Sasevych expressed gratitude to international partners – representatives of the Ministry of Foreign Affairs of the Netherlands, the International Development Law Organization (IDLO), the Asser Institute, the Centre for International Legal Cooperation (CILC), and the Netherlands Helsinki Committee (NHC) for support and cooperation. He noted the important role of the International Development Law Organization in the process of forming the Service of Disciplinary Inspectors of the High Council of Justice.
Participants of the event: representatives of the High Council of Justice, the Council of Judges of Ukraine, the Supreme Court, the National School of Judges of Ukraine, the Kyiv Court of Appeal, the Office of the Prosecutor General, Probation Centre of the Ministry of Justice of Ukraine, the National Police of Ukraine, the Coordination Centre for Legal Aid, the Ukrainian Helsinki Human Rights, and the Ukrainian Bar Association.