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“Ukrainian Phenomenon” – Non-Enforcement

31.10.2013

  Ukraine is failing to enforce European Court of Human Rights judgments, citing as its reasons the specific features of domestic court proceedings.  This was commented upon by Christos Giakoumopoulos, Director of Human Rights at the Directorate General Human Rights and Rule of Law of the Council of Europe.  He called it a Ukrainian phenomenon.

Giakoumopoulos said that Ukraine is currently working on the question of how to use internal procedures and mechanisms for enforcement judgments from international courts.  He added, though, that the Council of Europe did not intend to interfere in Ukraine’s enforcement of court judgments, nor in the reform of the judicial and law enforcement system.  “It is not my business to explain to Ukrainians how they should carry out reforms and how Ukrainian courts should work. That is a matter for Ukrainian government officials”, he said.  

He said that from the Council of Europe’s point of view it is not enough to declare reforms or pass a law. The relevant state institutions need to work on their implementation, on making sure they work.  He says that they are aware of cases when good laws have not been enforced, and bad legislative acts have.

Christos Giakoumopoulos is taking part in a conference on Ukraine’s Criminal Procedure Code in Kyiv.

From a report at Radio Svoboda.

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