EUROPEAN STANDARDS FOR GUARANTEEING HUMAN RIGHTS IN THE APPOINTMENT AND CONDUCT OF FORENSIC EXAMINATIONS IN CRIMINAL PROCEEDINGS
Aim. To analyse and systematise the procedural framework for the appointment and conduct of forensic examinations in criminal proceedings, as well as the case law of the European Court of Human Rights regarding the establishment of standards for guaranteeing human rights in the appointment and condu...
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| Main Authors: | , , , , , |
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| Format: | Article |
| Language: | English |
| Published: |
State Institution of Science «Research and Practical Center of Preventive and Clinical Medicine» State Administrative Department
2025-04-01
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| Series: | Клінічна та профілактична медицина |
| Subjects: | |
| Online Access: | https://cp-medical.com/index.php/journal/article/view/542 |
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| Summary: | Aim. To analyse and systematise the procedural framework for the appointment and conduct of forensic examinations in criminal proceedings, as well as the case law of the European Court of Human Rights regarding the establishment of standards for guaranteeing human rights in the appointment and conduct of forensic examinations in criminal proceedings. This will contribute to the development of a consistent and unified law enforcement practice on this issue, the formulation of well-founded approaches and proposals for improving Ukraine’s criminal procedural legislation and its application.
Materials and methods. In conducting a comprehensive study on the regulation of the procedural framework for the appointment and conduct of forensic examinations in criminal proceedings, as well as in determining European standards for guaranteeing human rights in the appointment and conduct of forensic examinations in criminal proceedings, we analysed thirty-five judgments of the European Court of Human Rights, twenty-seven decisions of the Supreme Court of Ukraine, and judicial statistics. Upon assessing and systematising the results of the study, it is necessary to note that human rights may be violated during forensic examinations. Such violations may occur concerning the following conventional norms: Article 3 of the Convention (regarding treatment that degrades human dignity); Article 6 of the Convention (regarding the right to a fair trial); Article 8 of the Convention (regarding the right to respect for private and family life); Article 13 of the Convention (regarding the right to an effective remedy).
Results. Knowledge and understanding of the European Court of Human Rights (ECtHR) case law determine how confidently Ukraine and its legal system are approaching European standards. According to ECtHR statistics for 2023, the Court received a total of 34,650 applications throughout the year (compared to 45,500 in 2022), the lowest figure in the past 10 years. Among them, 2,531 applications were filed against Ukraine. The average number of applications per 10,000 residents is 0.41, while in Ukraine, it is 0.56. For comparison, the number of applications per 10,000 residents in Poland is 0.5, in Moldova – 2.6, in Belgium – 1.13, and in Estonia – 0.75. In 2023, the Court examined 38,260 applications, of which 67% were declared inadmissible, and only 18% resulted in a judgment. That is, out of 38,260 applications, decisions were issued for 6,931. In 2022, 79% of applications were declared inadmissible, while in 2021, the figure was 76% [1].
Conclusions. Ukrainian forensic activity must comply with international and national standards and principles. All participants in criminal proceedings must have the opportunity to exercise their rights, including the right to legal assistance, humane treatment, respect for private and family life, and a fair trial. This approach must be mandatory to ensure that a conclusion from a Ukrainian expert holds the same legal and professional weight as similar conclusions from experts in other countries. Conversely, conclusions from experts in other countries should be admissible evidence in Ukrainian courts. |
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| ISSN: | 2616-4868 |