Activity Details (ID# 1980)

Activity Synopsis

- target group: Ukrainian judges, lawyers and journalists from the eastern regions of Ukraine

The main targets of the seminar were similar to those of the previous seminars on Article 10 : to present an overview of the case law of the European Court of Human Rights on Article 10 of the European Convention on Human Rights; to discuss the practice of Ukrainian Courts in the cases concerning the mass media (with special regard to defamation, insult, criticism of public figures); to present the European and relevant Ukrainian practice concerning access to information, protection of sources, state secrecy and whistle-blowing; to raise awareness of the implementation of Article 10 of the European Convention on Human Rights and case law on this Article; to present concrete examples from current practice and prepare a case study in the workshop with the participants of the seminar; to define the perspectives for Ukrainian judges’ implementation of European standards in their practice
 

The participants of the seminar received necessary information and documents on the implementation of the ECHR, namely, Ukrainian version of the ECHR, case law of the European Court of Human Rights (Article 10), collection of the European Court’s recent decisions on Article 10, analysis of the Ukrainian legislation in the context of the implementation of the ECHR, examples of the positive decisions adopted by the Ukrainian judges on the basis of Article10 of the ECHR.

Three role games were conducted, two using foreign examples, while one was based on the Ukrainian situation. The participation in the games gave the opportunity to see the level of the participants’ awareness on the subject, to find out the most advanced judges in the field of the ECHR implementation.

As far as two judges delegations (Zaporizhzhja and Dnipropetrovsk regions) were presented, the quasi-aquintances of the representatives of two teams took place. The participants of the seminar demonstrated different levels of knowledge on the ECHR and case-law of the European Court of Human Rights, but all the participants positively accepted the theoretical and teaching materials.

The work of the seminar was covered by the local media journalists and journalists from the Dnipropetrovs’k region.
The organisation, content and efficiency of the seminar were highly esteemed in the questionnaires completed by the participants. The team spirite, which had united the judges from the different regions is worthwhile special attention.


As in the previous seminars, the judges pointed out the necessity of implementation of the ECHR in the decisions of the Supreme Court and the Plenums of the Supreme Court, which is to a certain extent directive in the activity of the Ukrainian judges.

The seminar gave the chance to define the judges who will be able to take part in future studies and training activities on the ECHR.

The participants received the necessary information and documents on the implementation of the ECHR, particularly Ukrainian version of the

-ECHR;

-case law of the European Court of Human Rights on Article 10 of the Convention;

-collection of the recent decisions of the European Court on Article 10;

-analyses of Ukrainian legislation in the context of the ECHR implementation;

-“Vade-mecum” by Donna Gomien.

The role games promoted the practical acquaintance with the implementation of the ECHR. The Ukrainian example enable the Ukrainian judges to see how Article 10 could be used on the basis of national realities.

The participation of journalists within the framework of one seminar enable them to demonstrate the journalists’ viewpoint. The level of the legal literacy of journalists is usually average.


 

1. The seminar confirmed the necessity of the educational programmes for the Ukrainian regional judges on the implementation of Article 10 of the ECHR.

The judges stated that they usually have a lack of accessible information (Ukrainian, Russian languages) as to the practice of the Convention implementation.

One interesting factor was the review by the judges themselves of cases which they had personally in their practice and which could be analysed in the context of Article 10.

2. Due to the interesting practical cases prepared by the experts the majority of the majority of the participants
3. All the participants received standard sets of the information materials.

4. The questionnaire at the end of the seminar confirmed the sufficient level of the learning material and actuality of the seminar.

5. The seminar in Zaporizhzhja demonstrated that Ukrainian judges have levels of knowledge (sometimes quite thorough) on the ECHR and case law of the European Court of Human Rights, and that’s why the question of the judges’ professional knowledge development is so important.

The proposal of the judges concerning certain regular information on the Conventional practice is worthwhile attention.

The judges demonstrate their understanding of the rules of the implementation both ECHR and case law of the European Court of Human Rights. Workshops in the framework of the Seminar turned out to be very useful.

Undoubtedly, it is necessary to train some judges during more specialised seminars and to search the judges for the involvement them on further activities.
 

Judges from the district (local) and appeal courts from 2 regions of Ukraine (Zaporizhzhia and Dnipropetrovsk), lawyers dealing with the cases concerning freedom of expression, journalists. 

Mr Van den Dungen, Vice-President, Regional Court of Zwolle (Netherlands),
Mrs V. Alaburic (Croatia)
Mrs V. Lutkovska (National Office before the organs of the European Convention on Human Rights),
 

Mr O. Pavlichenko (IOCE in Ukraine)