ANNUAL REPORTOF UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS
CHAPTER 6
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failure to notify persons specified by law of the closure of criminal proceedings; excessive length of pretrial investigation; and violation of the right to defence.
Following consideration of these reports, the Commissioner sent requests for complainants’ rights to be
restored to the prosecutor’s office as procedural managers in criminal proceedings for inspection. Most
allegations of ineffectiveness of investigations were confirmed, and the prosecutor’s office responded
by giving written instructions to investigators on specific investigative/search actions, and in some cases
initiating the removal of investigators from further pre-trial investigation and transferring proceedings
to other investigators.
Example
The Commissioner received a request from T. in which the applicant complained about the improper, in
his opinion, pre-trial investigation in criminal proceedings relating to arson committed on the applicant’s
vehicle (that took place on 18 May 2018). Arson is a criminal offence under part 2 of Article 194 of the
Criminal Code.
To verify the stated facts, the Commissioner sent a request to the Prosecutor’s Office of Volyn oblast. As
a result, the prosecutor proposed to the head of the pre-trial investigation body that the head suspend
the investigator from the investigation, due to the ineffective way in which the pre-trial investigation
was being conducted.
Progress in the pre-trial investigation and procedural guidance in the proceedings was considered
at an extended operational meeting at the Oblast Prosecutor’s Office, with the participation of the
leadership of the Main Department of the National Police in Volyn Oblast. As a result, measures aimed at
strengthening the pre-trial investigation were taken.
Example
L.’s appeal to the Commissioner referred to the ineffective pre-trial investigation in criminal proceedings
opened on 15 September 2018.
According to the letter written by the Commissioner, Cherkasy Local Prosecutor’s Office conducted an
inspection and took measures to strengthen the pre-trial investigation; in particular, the investigation
was entrusted to another investigator.
In addition, Cherkasy Local Prosecutor’s Office initiated an official investigation into violations of the
requirements of criminal procedure legislation during the pre-trial investigation, overseen by the
leadership of the Main Department of the National Police in Cherkasy oblast.
Another example of the inaction of investigators is the collective appeal to the Commissioner from P. and
others regarding progress in the pre-trial investigation in criminal proceedings opened on 6 September
2018 that was conducted by investigators from the investigative department of the Bila Tserkva unit of
the Main Department of the National Police in Kyiv oblast. At the initiative of the Commissioner, the Local
Prosecutor’s Office in Bila Tserkva in Kyiv oblast conducted an inspection. As a result of the investigation,
the head of the pre-trial investigation body assigned another investigator to the proceedings, to
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