Activity Details (ID# 4028)

Activity Synopsis

The objective of the seminar was to present to judges from the Donesk and Lugansk regions the general principles of Article 10 of the ECHR concerning defamation, insult, criticism of public figures, access to information, protection of journalists’ sources and state secrets and to discuss the application of these principles with a view to improving the practice of Ukrainian courts with relation to freedom of expression and information. The case studies concerning defamation, criticism of public figures and privacy were discussed with the participants. 

The seminar was very well organised. Various documents concerning freedom of expression were distributed to the participants (Short Guide to the ECHR, Case law concerning Article 10 of the ECHR, European standards concerning free election, European standards concerning freedom of expression).

The participants were highly motivated and very intrested by the experts’ presentations.
The presentations generated lively discussion on how to implement the principles of Article 10 in cases concerning freedom of expression and information adjudicated by the Ukrainian courts, as well as on the difficulties which may arise in this respect, given the fact that Ukrainian legislation is sometimes not in line, or even contradicts the principles defined by the European Court of Human Rights.
 

In general, the seminar could be considered a success. An evaluation questionnaire was distributed to the participants at the end of the seminar. The general conclusion was that all participants were conscious of the fact that Article 10 and the ECHR in general need to be concretely applied and that existing protection of human rights in general, and freedom of expression and information in particular, was insufficient. On the other hand, their lack of experience concerning the implementation of the case law of the ECHR has led them to request further instructions from the Supreme Court.

The Review Conference will be organised in Kiev on 6 December with a view to reviewing the results of the regional seminars and examining possible additional activities.
 

Judges from the Donesk and Lugansk regions,
Representatives of the National Office before the organs of the European Convention on Human Rights, Ministry of Justice of Ukraine

 

Ms Monstserrat Enrich-Mas, Lawyer at the Registry of the European Court of Human Rights
Ms Valeria Lutkovska, Government Agent of Ukraine before the European Court of Human Rights
Mr Yuriy Zaicev, Editor in Chief of “Case law of the European Court of Human Rights

 

Mr Olexander Pavichenko, Director of the Information Office of the Council of Europe, Co-ordinator of the Action Plan for the media in Ukraine
Ms Lejla Dervisagic, Media Division,Directorate General of Human Rights