ENFORCEMENT OF JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS IN CRIMINAL PROCEEDINGS AS AN INDICATOR OF THE EFFECTIVENESS OF THE NATIONAL SYSTEM FOR THE PROTECTION OF HUMAN RIGHTS

Abstract

This article examines the implementation of judgments of the European Court of Human Rights (hereinafter ‘ECHR’) in the field of criminal procedure as one of the indicators of the effectiveness of the national human rights protection system. The relevance of this research stems from the need to ensure that Ukraine fulfils its international human rights obligations in practice, rather than merely in form, particularly in the context of martial law, the functioning
of the criminal justice system amidst heightened security risks, and European integration processes. The aim of this article is to determine the significance of the ECHR’s human rights case law for assessing the state and effectiveness of the national criminal procedure, as well as to establish the role of the implementation of its judgments in improving the mechanisms for protecting the rights of participants in criminal proceedings.

This article examines the enforcement of judgments of the European Court of Human Rights (hereinafter ‘ECHR’) in the field of criminal procedure as one of the indicators of the effectiveness of the national human rights protection system. The relevance of this study stems from the need to ensure that Ukraine fulfils its international human rights obligations not only formally but also in practice, particularly in the context of martial law, the functioning of the criminal justice system amid heightened security risks, and the processes of European integration. The aim of this article is to determine the significance of the ECHR’s case law in the field of human rights for assessing the state and effectiveness of the national criminal procedure, as well as to clarify the role of the implementation of its judgments in improving the mechanisms for protecting the rights of participants in criminal proceedings.

The article employs comparative-legal, systemic-structural, formal-legal and analytical methods, which have made it possible to examine the interrelationship between the violations of the Convention for the Protection of Human Rights and Fundamental Freedoms identified by the European Court of Human Rights and the functioning of national criminal procedural mechanisms. The article analyses the ECHR’s approaches to assessing compliance with the right to liberty and security of person, the right to a fair trial, the right to an effective remedy, as well as the requirements for proper judicial review and the reasonableness of procedural decisions.

Particular attention is paid to the issue of using the ECHR’s statistics as a criterion for assessing the national legal system. It is argued that the number of judgments or established violations cannot automatically be equated with the level of inefficiency of the criminal justice system. For a proper assessment, it is necessary to take into account the nature of the violations, their recurrence and systematic nature, the time lag between the relevant events and the ECHR’s judgment, the effectiveness of national legal remedies, as well as the completeness and timeliness of the implementation of ECHR judgments and the implementation of general measures.

The findings of the study substantiate the argument that compliance with the judgments of the European Court should be regarded not only as a state’s obligation under international law, but also as a mechanism for the domestic improvement of criminal procedural legislation, judicial practice and institutional mechanisms for the protection of human rights. It has been demonstrated that the true effectiveness of a national human rights protection system is manifested not so much in the absence of ECHR judgments finding violations of the Convention, but rather in the state’s ability to identify the causes of such violations in a timely manner, to remedy systemic shortcomings and to ensure that they are not repeated.