Brussels – The Committee of Ministers of the Council of Europe, after assessing the execution by Ukraine of the judgment of the European Court of Human Rights (ECHR) in the case of judge Oleksandr Volkov, has called on the Ukrainian government to reinstate Volkov as judge of the Supreme Court as soon as possible.
The CoE Committee of Ministers made this decision at its third special human rights meeting on September 24-26, 2013, during which it examined the state of implementation of judgments of the ECHR.
“Considering Ukraine’s unconditional obligation to secure the applicant’s reinstatement in his previous post of judge at the Supreme Court at the earliest possible date, [the ministers] urged the Ukrainian authorities to fulfill this obligation without delay, also noting the present opportunity of vacancies at the Supreme Court,” reads the decision.
In addition, the Committee of Ministers recalled that the ECHR has stressed that Ukraine must urgently put in place general reforms in its legal system in order to resolve “the serious systemic problems as regards the functioning of the Ukrainian judiciary disclosed by the present case.”
“In this context, [the ministers] noted with interest the measures envisaged by the Ukrainian authorities in their action plan, including the reform of the High Council of Justice and of the procedure for the dismissal of judges,” reads the decision.
In connection with this, the Committee of Ministers emphasized that a number of issues identified in the ECHR’s judgment require measures, notably the effective judicial control by the High Administrative Court over decisions taken by the High Council of Justice, the definition of “breach of oath,” different procedural safeguards, including limitation periods and an appropriate scale of sanctions, and also respect for the principle of proportionality.
“[The ministers] strongly encouraged the Ukrainian authorities to continue to take full benefit of the various opportunities for co-operation offered by the Council of Europe concerning the question of the independence of the judiciary as well as to take due account of the relevant recommendations by the Venice Commission,” reads the document.
In addition, the committee stressed the importance of “a rapid adoption and implementation of both individual as well as general measures required by the judgment” and urged the Ukrainian authorities to transmit to the committee a revised action plan setting out progress achieved and the additional measures envisaged in response to the outstanding questions, accompanied with a provisional timetable for their adoption and implementation, by the end of October 2013 at the latest.
