Activity Details (ID# 5238)

Activity Synopsis

The objective of the seminar was to present to judges from the Economic courts the general principles of Article 10 of the European Convention on Human Rights 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. Case studies concerning defamation, incitement to hatred, 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 (Council of Europe – 800 million Europeans, European Court of Human Rights – organisation, proceeding and rules, Short Guide to the ECHR, Case law concerning Article 10 of the ECHR, European standards concerning free elections, European standards concerning freedom of expression).

Most of the participants had already attended some seminars on the European Convention on Human Rights and had some knowledge of the practice of the European Court of Human Rights, but not enough. It was their first seminar exclusively dedicated to Article 10 of the ECHR. They were highly motivated and very interested in presentations given by local and Council of Europe experts.

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 the difficulties which may arise in this respect, given the fact that Ukrainian legislation is sometimes not in line with, or even contradicts, the principles defined by the European Court of Human Rights. The participants stressed that they should be consulted before the adoption of certain laws because their practice could be useful. They stressed also that they do not yet have the necessary experience to implement the European Convention on Human Rights.
 

In general, the seminar could be considered a success. The interest that the participants showed during the seminar was a very positive sign and indicates their wish to learn more about the ECHR and to respect European standards. On the other hand, they were conscious of the fact that existing protection of human rights in general, and freedom of expression and information in particular, was insufficient and that Article 10 and the ECHR need to be applied more.

All participants expressed their wish to :
- continue being trained
- participate in seminars on other Articles of the ECHR, especially on Article 6
- attend seminars on execution of judgements.

 

Judges from the economic courts
Representatives of the National Office before the organs of the European Convention on Human Rights, Ministry of Justice of Ukraine
 

Mr Frédéric GRAS, Barrister (France)
Mr Albrecht HALLER, Barrister (Austria)
Ms Valeria Lutkovska, Deputy Minister of Justice of Ukraine
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