Ukraine Civil Society Training: Making ECHR Judgments Lead to Justice

This week, EIN and Netherlands Helsinki Committee held a training workshop and conference for Ukrainian civil society focusing on increasing their capacity to advocate for the implementation of judgments of the European Court of Human Rights (ECtHR). This training took place on Tuesday 26th and Wednesday 27th October 2021 in Kyiv, Ukraine.

Photo Credit: EIN

The first day of the training was introduced by Antanina Maslyka, Programme Officer at the Netherlands Helsinki Committee. The training was then chaired by EIN Vice-Chair Professor Philip Leach, Director of the European Human Rights Advocacy Centre (EHRAC) and Professor of Human Rights Law at Middlesex University.

The first day focused on the implementation process of ECtHR judgments and Ukraine’s implementation record. George Stafford, EIN Director, discussed the non-implementation challenge and why advocating for the implementation of ECtHR judgments can be a key to making progress in human rights protection in Ukraine. The second presentation of the day was about how NGOs can get involved in the ECtHR implementation process, focusing on the basics of the system. This presentation was given by Olga Dubinska, Legal Officer at the Department for the Execution of Judgments of the European Court of Human Rights, Council of Europe.

The second day of training focused on how to best advance ECtHR implementation in Ukraine: both domestically and through the Council of Europe. Agnès Ciccarone, EIN Programme Manager, held a presentation on best practices for NGO submissions. Next, Ioana Iliescu, EIN Law and Advocacy Officer, discussed the possibilities of expanding the arsenal of advocacy tools by combining Rule 9 submissions and domestic advocacy, by giving examples of good practices from other states.

Photo Credit: EIN

Next, Mykhailo Tarakhkalo, Strategic Litigation Center Director, Ukrainian Helsinki Human Rights Union (UHHRU), and Hanna Ovdienko, Legal Expert, Kharkiv Human Rights Protection Group presented their experiences of work on ECtHR implementation and lessons learned. A roundtable discussion followed the presentation, with participants discussing opportunities and challenges in implementing ECtHR judgments in Ukraine.

The next session looked at possibilities for moving forward by examining individual cases. Three breakout groups were organized on three selected ECtHR cases pending implementation: Shmorgunov and others v. Ukraine, which concerns multiple violations to stop Maidan protests in 2013-2014 and a lack of effective and independent investigations; Ignatov v. Ukraine, which concerns unlawful arrests and detention on remand; and Sedletska v. Ukraine, which concerns disproportionate interference with journalistic sources. During the breakout sessions, the participants brainstormed and applied the training to the selected cases. Participants shared their lessons learned from the brainstorming session and their approach to how to engage with the implementation process. The third session was closed with a final discussion among participants.

Photo Credit: EIN

We thank the Netherlands Helsinki Committee for collaborating with us on this training event and, of course, all participants who joined the training session. We hope to do more of these sessions in person again soon.

For more information on Ukraine’s implementation record, visit our country map here

For information about the NHC, visit their website at https://www.nhc.nl/ and/or follow them on Twitter @NHC_nl, Facebook or LinkedIn, and subscribe to their newsletter.