Monitoring Justice in Ukraine: Fair Trial Indicators now available in Ukrainian

The Asser Institute is pleased to announce the release of the Ukrainian version of the ‘Fair Trial Indicators: Monitoring Conflict-Related Criminal Trials in Ukraine’ (available in English here). This essential resource provides civil society organisations and journalists with a framework for monitoring conflict-related criminal trials in Ukraine in line with international standards

Why Are the Fair Trial Indicators Important? 

With over 140,000 conflict-related crimes reported to the Office of the Prosecutor General in Ukraine since the onset of the conflict in 2014, and over 80 trials having been heard under Article 438 of the Criminal Code of Ukraine (for violations of the laws and customs of war), ensuring the fairness of trials in these cases is essential for maintaining the rule of law and demonstrating Ukraine's commitment to ensuring effective justice on the domestic level.   

The Asser Institute is pleased to announce the release of the Ukrainian version of the ‘Fair Trial Indicators: Monitoring Conflict-Related Criminal Trials in Ukraine’ (available in English here). This essential resource provides civil society organisations and journalists with a framework for monitoring conflict-related criminal trials in Ukraine in line with international standards

Civil society organisations and journalists have been active in monitoring trials during the conflict, including the Media Initiative for Human Rights, the Ukrainian Bar Association together with the Ukrainian Helsinki Human Rights Union, the Institute for War and Peace Reporting, and JusticeInfo/Sudovyi Reporter.  

The Fair Trial Indicators serve as a comprehensive reference point for monitors, offering a structured approach to evaluate whether fair trial guarantees applicable in Ukraine are respected and ensured in practice. The indicators can be used as a guide by trial monitors and journalists or others during court hearings, for interviews with legal professionals involved in cases, or to analyse judgments issued, with a view to enhancing the quality of reporting to the public, providing authority to advocacy efforts, and allowing for identification of opportunities for strategic human rights litigation where rights are violated. 

Launch and Workshop in Kyiv 

On 2 April 2024, the T.M.C. Asser Institute, under the MATRA-Ukraine Project, first launched the Fair Trial Indicators: Monitoring Conflict-related Criminal Trials in English. These indicators were discussed at a workshop held in March in Kyiv, organised in partnership with the Ukrainian Bar Association and the International Bar Association. This workshop was designed to empower civil society organisations and journalists actively involved in monitoring conflict-related cases by equipping them with the tools necessary to assess whether the proceedings were fairly held. Participants provided feedback on the application of the indicators in real-world scenarios, aiding in the development of a tool that is able to address specific needs of trial monitors in conflict-related crimes cases in Ukraine. 

Panel on fairness of conflict-related trials at upcoming conference 

The Fair Trial Indicators will be discussed with a panel of distinguished speakers from the Ukrainian Bar Association, Media Initiative for Human Rights and KLS Strafrechtadvocaten at our final conference. This event, hosted by the Asser Institute and Global Rights Compliance on 19 November 2024, marks the finalisation of our four-year project. The panel will also discuss the Institute’s forthcoming ‘Strategic recommendations for the judiciary: a review of war crimes judgements in Ukraine' which analyses judgements in Article 438 cases pronounced from December 2021 to 2024 through an international law lens. The need for accessibility and transparency of war crimes proceedings in Ukraine, and the crucial roles of monitors and legal professional involved in trials to uphold human rights will be key themes explored. 

The Fair Trial Indicators: Monitoring Conflict-related Criminal Trials were created in cooperation with Global Rights Compliance as part of the MATRA-Ukraine Project and can be downloaded here: 

The Fair Trial Indicators: Monitoring Conflict-related Criminal Trials (Ukrainian Translation)

The Fair Trial Indicators: Monitoring Conflict-related Criminal Trials (English)