ANNUAL REPORTOF UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS CHAPTER 6 130 It is a matter of concern that these reports came not only from individuals party to civil and criminal proceedings, but also from judges. For example, in their letter of 1 February 2019, judges from Oleksandriia District Court in Kirovohrad oblast drew attention to the problem of meeting reasonable deadlines for cases, which directly depends on the availability of judges in court. At the time the letter was sent 6 judges were sitting at this court but there were a further 14 vacancies for judges. Judges from Balakliia District Court in Kharkiv oblast described a similar situation in their letter of 18 July 2019: 13 judges were administering justice, and the court had a further 9 vacancies for judges. In response to a letter sent by the Commissioner in December 2019, Kharkiv Court of Appeal stated that justice was being administered by 28 judges out of 60. On average, each judge was dealing with 750 cases, although one judge was considering 1,033 cases. In addition, according to information disseminated in the media, all four posts for judges in Zhydachiv District Court in Lviv oblast are vacant. These facts indicate not only a violation of the basic principles of justice, but also of the constitutional right of everyone to go to court to protect their rights. According to information received in November 2019 from the High Qualification Commission of Judges of Ukraine at the request of the Commissioner, as of 1 November 2019 in 249 general local courts 25 to 49 per cent of judicial positions were vacant, and in a further 135 general local courts, 50 to 75 per cent of judicial positions were vacant. In addition, in six district courts across Ukraine, including the Zhydachiv District Court mentioned above, there were no judges sitting at all, meaning that in these districts, justice is not being administered. At the same time, judges who work in courts where there are a significant number of vacant judicial positions face a very high workload, which leads to delays in the consideration of cases for reasons beyond their control. The Commissioner notified the High Council of Justice of this situation, requesting that the High Council expediate recruitment of judges in order to ensure the right of every person to a trial within a reasonable time limit. The Commissioner received 323 complaints in 2019 regarding excessively long trials in criminal proceedings, constituting violations of the rights guaranteed under Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. During the consideration of these complaints, the Commissioner sent inquiries to courts of general jurisdiction to determine the reasons for lengthy court proceedings. One of the reasons is the abovementioned shortage of judges and judges’ significant workloads, as a result of which court hearings are scheduled 2-3 times a month. Court hearings are often then adjourned due to the absence of prosecutors or defence lawyers, or failure to deliver the accused to the courtroom. During consideration of these complaints, the Commissioner also learned of significant violations of the right to have a case heard within a reasonable time limit in Babushkinskyi District Court in the city of Dnipro.