Research consortium

  • Main applicant: Mr J.C. Czerep (The Open Dialog Foundation, Poland) 
  • Co-applicant: Mr S. Kyshenko (Ukrainian Bar Association, Ukraine)

Project information

Ukraine is a fragile state, which, in the context of on-going armed conflict in the East, is unable to undergo deep, structural reforms. Existence of dysfunctional justice system contributes significantly to decreasing sense of security among citizens. Continued use of prolonged, unjustified detention, often accompanied with torture, physical and psychological pressure extended on defendant and his/her family members, is one of the critical manifestations of crisis of the justice system with wide-ranging side-effects: family members - in order to provide food and the most essential goods to their incarcerated relative - are being pushed into corruption schemes, which further hampers rule of law. 

The scale of the phenomena is significant and the Open Dialog Foundation (ODF) included particular cases in its advocacy work in the past year. Practitioner organisations, such as lawyer's associations, express strong need for proper assessment of the scale of the problem, identification its common features, rethinking systemic mechanisms in order to answer them, propose and apply policies that could limit prolonged detentions and rebuild public trust towards courts and prosecutors, which is particularly important in the context of the crisis of the state, related to the continued conflict in the East. 

The duration of the research project will be three months and will be carried out with the expertise of Jedrzej Czerep as main-applicant, employed at Open Dialog Foundation based in Warsaw, in cooperation with Sergii Kyshenko, lawyer at the Ukrainian Bar Association, based in Kiev.Continued use of prolonged, unjustified detention in Ukraine, often accompanied with torture, physical and psychological pressure extended on defendant and his/her family members, is one of the critical manifestations of crisis of the justice system with wide-ranging side-effects. The research undertaken by the Open Dialog Foundation in partnership with the Ukrainian Bar Association aimed in answering to demands for proper assessment of the scale of the problem. It included identification of its common features, rethinking systemic mechanisms in order to tackle them, proposing application of policies that could limit prolonged detentions and rebuild public trust towards courts and prosecutors, which is particularly important in the context of the crisis of the state, related to the continued conflict in the East. Results achieved in the course of the research include successful drawing of a comprehensive picture of the problem and lifting the goal of tackling its root causes onto the agenda of the critically required reforms in Ukraine.

Project results