Case Summary
Our legal team successfully secured a ruling from the European Court of Human Rights (ECHR) in favor of a client whose rights were violated during criminal proceedings in Ukraine. The Court found that the state had committed multiple breaches of fundamental rights enshrined in the European Convention on Human Rights:
- Right to respect for private life (Article 8);
- Right to a fair trial within a reasonable time and a court established by law (Article 6);
- Right to an effective remedy (Article 13).
The ECHR decision not only restored our client’s rights but also set an important precedent for the Ukrainian legal system.
Case Background
Our client, a former judge, was accused of receiving unlawful benefits. During the national criminal proceedings, law enforcement authorities used hidden video recordings in the client’s office and audio recordings of conversations without sufficient procedural guarantees.
Moreover, the trial lasted 6 years and 8 months, and the composition of the appellate court was altered in violation of the automatic case distribution procedure, casting serious doubts on the legitimacy of the entire judicial process and raising concerns about the right to a fair trial.
Key Violations Identified by the ECHR
| Violation | Article of the Convention | Description |
| Illegal video surveillance in the office | Article 8 | No access to court decisions authorizing surveillance; materials remained classified. |
| Illegal audio recording of a conversation | Article 8 | Recording made without judicial authorization and involving a third party. |
| Court not established “by law” | Article 6 §1 | Judge replacement bypassed the system of random case distribution. |
| Excessive duration of proceedings | Article 6 §1 | Trial lasted over six years despite the case’s simplicity. |
| Lack of effective remedies | Article 13 | No effective mechanism to challenge the excessive duration of proceedings. |
ECHR Ruling
The European Court of Human Rights found multiple violations of the Convention by Ukraine and awarded our client:
- €1,600 for moral damages;
- €1,500 for legal costs.
This ruling is an important step in protecting citizens’ rights and emphasizes the necessity of complying with international standards in national criminal proceedings.
Significance of the Case
This case set a significant precedent, confirming the need for:
- Transparent oversight of covert investigative measures, including mandatory judicial authorization for video surveillance and audio recordings;
- Strict compliance with procedures for forming judicial panels, to prevent violations of the right to a court established by law;
- Effective mechanisms to challenge excessive trial durations, ensuring the right to a fair trial within a reasonable time.
The ECHR decision strengthens human rights standards in Ukraine and provides guidance for similar future cases.
Role of the ECHR Lawyer
The lawyer’s work in this case included several key functions:
1. Legal Analysis and Assessment
The lawyer carefully examined the case materials and identified critical violations:
- Illegal covert video surveillance;
- Unauthorized audio recording;
- Breach in the procedure for forming the court;
- Excessive trial duration;
- Absence of effective remedies.
The main task was to demonstrate that state actions not only violated Ukrainian law but also the provisions of the European Convention on Human Rights.
2. Preparing the ECHR Complaint
After national courts failed to protect the client’s rights, the lawyer drafted and submitted a complaint to the ECHR, detailing violations of Articles 6, 8, and 13.
A key aspect was showing the disproportionate interference with the client’s private life and the procedural irregularities in the court composition. This was decisive in convincing the Court of the necessity to recognize the violations.
3. Representing the Client in Strasbourg
The lawyer actively participated in hearings, presenting a comprehensive legal argument and proving the violations.
They also prepared all supplementary materials and supporting evidence, including the results of hidden video and audio recordings, which were crucial in achieving the client’s victory.
4. Strategy for Protection and Compensation
The lawyer not only proved the rights violations but also secured compensation for moral damage and legal costs, restoring justice and demonstrating the effectiveness of international legal protection.
5. Applying International Practice and Precedents
The lawyer leveraged in-depth knowledge of international law and ECHR jurisprudence, using precedent cases to strengthen the argument and maximize chances of success.
6. Long-Term Protection of Rights
The ECHR ruling has a long-term effect: it safeguards the client’s interests in this case and sets a legal precedent for future cases concerning the right to a fair trial and respect for private life.
Conclusion
This case highlights the importance of professional legal support in matters involving human rights violations.
Our ECHR lawyers:
- Analyze violations of national and international law;
- Develop strategies for complaint submission;
- Represent clients at the international level;
- Secure compensation and restoration of rights;
- Establish legal precedents that influence human rights practices in the country.
If you are facing a violation of your rights to a fair trial or private life, professional assistance from an ECHR lawyer ensures that your case will be handled in full compliance with international standards.
