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Human Rights and Justice

OBJECTIVE:

To develop the institutional capacity for state institutions to create a safe environment for human interaction with criminal justice authorities through developing and implementing standards and innovative tools to ensure compelling pre-trial investigation and judicial proceedings based on respect for human rights.

TARGET GROUPS OF THE PROGRAMME:

representatives of pre-trial investigation bodies (SBI, SSU, NABU, National Police of Ukraine);
representatives of the General Prosecutor’s office of Ukraine, SAPO, representatives of regional and local Prosecutor’s offices;
scientists, representatives of the HEI who train specialists to work in law enforcement agencies,
attorneys, judges and courts;
representatives of other state authorities exercising powers in the field of human rights protection;
civil society institutions, especially human rights organisations.

PROGRAMME PARTNERS:

Renaissance International Foundation, Prosecutor General’s Office of Ukraine, National Police of Ukraine, SAPO, NABU, SBI.

Development and implementation of innovative standards in the area of criminal justice

Pre-trial investigation standards is an informal tool for determining the roles and building unified algorithms of actions for the participants of criminal proceedings, developed in accordance with the practice of the European Court of Human Rights (ECtHR), best international expertise and the Criminal Procedure Code (CPC) of Ukraine. This tool can be useful for: maintaining a dynamic and consistent system of development of the legal framework and the entire sphere of criminal justice in Ukraine; developing criteria for assessing the quality of work of participants in criminal proceedings; creating tools for proper interaction of prosecutors, detectives, investigators and judges.

Standards have been developed to:

⮚ establish the rules for the interaction of participants in criminal proceedings, performing procedural and investigative actions in accordance with the provisions of Criminal Procedure Code of Ukraine, the Constitution of Ukraine and the practice of ECHR;
⮚ provide the evaluating tools for the investigators’ and prosecutors’ efficiency by timely and sufficient volume of their tasks;
⮚ provide tools for training future investigators and prosecutors.

Introduction of the method of conducting a procedural interview (investigative interviewing) to replace the classic methods of interrogation

Specialists of the Expert Centre for Human Rights, together with partners from law enforcement agencies, as well as various government and non-government organisations, are working within the framework of the ”Human Rights and Justice” initiative of the International Renaissance Foundation on studying the existing system of conducting interrogations in Ukraine and on introducing a completely new model of investigative interviewing.

KEY ACHIEVEMENTS OF THE PROGRAM IN 2019:

⮚ Expanding the circle of partners and stakeholders. In particular, the project was joined by the State Bureau of Investigation, the Reform division within the Prosecutor General’s Office, Department of procedural guidance in criminal proceedings for torture and other serious violations of human rights by law enforcement bodies of the Prosecutor General of Ukraine, Taras Shevchenko National University of Kyiv, the Mission of the International Committee of the Red Cross in Ukraine and other organisations.

⮚ Standards of pre-trial investigation and templates of procedural documents were developed and adopted for practical use by the Department of procedural guidance in criminal proceedings on torture and other serious violations of citizens’ rights by law enforcement agencies of the Prosecutor General’s Office of Ukraine.

⮚ A package of cases on the practical application of the investigative interview methodology in the National Anti-corruption Bureau of Ukraine.

⮚ Development and publication of numerous proposals on improvement of the Criminal Procedure Code of Ukraine to solve current systemic problems during the detention of a person on suspicion of committing a crime.

PROMISING AREAS OF DEVELOPMENT AND COOPERATION WITHIN THE FRAMEWORK OF THE PROGRAM:

implementation of established standards and templates of procedural documents in the activities of pre-trial investigation bodies and judges, as well as in the curricula of educational institutions;

increasing the number of law enforcement representatives in the pilot program of the investigative interviewing model;

popularisation of investigative interviewing and its introduction into curricula of educational institutions;

conducting desk and field research on issues related to the observance of victims’ rights in the pre-trial investigation;

study on the inadmissibility of evidences as a tool for preventing significant human rights violations;

implementation of educational programs in the sphere of criminal justice.