The European Court of Human Rights (ECHR) Recognized Violations of the Rights of Former Head of the National Anti-Corruption Bureau of Ukraine, Artem Sytnyk, During His Trial
The European Court of Human Rights (ECHR) issued a clear judgment regarding the procedural conduct of Ukrainian judicial authorities concerning the former head of the NABU, Artem Sytnyk. According to their decision, Ukrainian courts, which considered the case regarding his potential involvement in corruption, committed violations of his fundamental rights by safeguarding his right to a fair trial. This significant ruling will serve as another signal to the Ukrainian judicial system about the necessity to adhere to the standards of the European Convention on Human Rights, especially in cases involving high-ranking officials close to the fight against corruption. We remind that the case examined by the ECHR concerns proceedings initiated against Artem Sytnyk on suspicion of obtaining wrongful benefits. According to the court ruling at the time, in December 2019, he was found guilty and ordered to pay a fine. Additionally, his name was entered into the public register of corruptors for an indefinite period, which caused considerable public resonance and criticism regarding the transparency and objectivity of the judicial processes in the country. The European judges unanimously concluded that the Ukrainian judicial system violated several fundamental articles of the European Convention—specifically, Article 6, which guarantees the right to a fair trial; Article 8, which protects the right to private and family life; and Article 18, which concerns restrictions on the use of rights and freedoms. In their ruling, the judges emphasized that during the case’s consideration in Ukrainian courts, there was reliance on "conflicting testimonies of one individual" regarding his release and associated expenses. The courts also failed to consider the overwhelming majority of the defense’s arguments and possibly showed bias from the first-instance judge, which, according to the ECHR, could have negatively affected the proceedings. One of the critical issues highlighted was that the courts did not investigate or even consider Sytnyk’s concerns about the insufficient impartiality of the judge presiding over his case. The Court viewed this as a serious violation, since judicial independence and objectivity are essential components of fair justice. Furthermore, the decision notes that proceedings against Sytnyk had a personal dimension beyond criminal or administrative charges, which further tarnished his reputation. Another important conclusion was that the inclusion of the former NABU head’s name in the corruption registry had a long-lasting negative impact on his reputation and professional credibility. The Court stated that such a decision casts doubt on the objectivity and fairness of these actions and undermines trust in the judicial system in Ukraine generally. The ECHR’s ruling serves not only as an indicator of internal violations within the domestic judicial system but also as a reminder of the need to comply with European legal standards in cases involving high-ranking officials, especially those fighting corruption. This decision could set a precedent for future legal proceedings and serve as an incentive for greater objectivity and transparency. Additionally, it is worth recalling that last month, the ECHR partially granted claims by Ukrainian human rights activists Maksym Butkevych and Yevheniya Zakrevskaya concerning events from 2012–2013. During that period, the regime of Viktor Yanukovych actively obstructed mass protests outside the Office of the Prosecutor General, which became a key chapter in Ukraine’s movement for reforms and resistance to shadowy power structures. The ECHR ruling in the case against Artem Sytnyk is a reminder to the Ukrainian authorities and judicial system of the importance of respecting justice standards, ensuring judicial independence, and thoroughly considering all justified arguments of the defense in cases that significantly impact the reputation and career of public officials. Accountability for fair and transparent justice remains a critical task, as it influences citizens’ trust in the judiciary and Ukraine’s international reputation regarding human rights and freedoms.