The European Court of Human Rghts has established violations in 58 claims lodged against Ukraine
According to the information of Irina Shevchuk, the head of the National bureau in questions of observance of the Convention on the protection of human rights and fundamental freedoms, by now the European Court of human rights has established violations in 58 cases against Ukraine. Irina Shevchuk reminded that on 11 September 1997 the Convention on the protection of human rights and fundamental freedoms had come into force for Ukraine. Thus Ukraine acknowledged the obligatory jurisdiction of the European Court of human rights regarding the interpretation and application of the Convention. Physical and juridical persons, groups of persons and non-governmental organizations obtained the right to turn to the European Court of human rights with the complaints about violations of their right by Ukraine.
The head of the National bureau pointed out that they had no official data on the exact number of the claims about violations by Ukraine of rights and freedoms of citizens, which were handed to the European Court since 11 September 1997. She can only say that the number of claims to the European Court of human rights increases from year to year. By now the number of complaints against Ukraine is about 15 thousand, and 419 cases are now on communication with the Ukrainian government.
By words of Irina Shevchuk, the statistics of the appeals to the European Court against Ukraine evidences that the majority of these complaints is regarded as inadmissible as early as at the first stage of their consideration by court. A certain part of the complaints accepted by court concerns concrete cases of human rights violations because of gaps in legislation or imperfection of law-applying practices. In such cases a fact of acknowledgement of a violation by the European Court can noticeably accelerate the necessary changes in the Ukrainian legislation or law-applying practices, which, undoubtedly, would improve the situation with the observance of fundamental human rights and freedoms in Ukraine. Moreover, analysis of the complaints passed by the European Court to the Commissioner in charge of observance of the Convention on the protection of human rights and fundamental freedoms, allows to realize, on the state level, the preventive measures for prevention of repetition of such violations of human rights in future.
For the purpose of diminution of the number of complaints against Ukraine to the European Court of human rights, which complaints are rejected by the Court as ungrounded, Irina Shevchuk emphasized the expediency of study of the opportunities of cooperation with the Council of Europe concerning the enlightenment of potential Ukrainian claimants in the sphere of handing of appeals to the European Court.
Valeria Lutkovska, a deputy of the Minister of Justice and the Commissioner in charge of observance of the Convention on the protection of human rights and fundamental freedoms, commented the practice of handing by Ukrainian citizens of the complaints against Ukraine to the European Court. According to her words, there is not a single country among the countries-members of the Council of Europe, against which the complaints to the European Court were not lodged. Moreover, the number of complaints to the European Court does not characterize the level of observance of human rights in a country. This is confirmed by rather great number of complaints lodged to the European Court against, for example, the Great Britain or France.
Valeria Lutkovska points out that a resolution of the European Court about violation in Ukraine of some rights guaranteed by the Convention on the protection of human rights and fundamental freedoms entails the introduction of corresponding changes into legislation or administrative practices, which, indubitably, improves the level of observance of human rights in Ukraine.
So, the deputy of the Minister of Justice reckons that handing of the complaints against Ukraine to the European Court is a normal democratic process, which makes possible the improvement of the domestic legislation and national administrative practices.
5 October 2005
Press service of the Ministry of Justice