In absentia in light of ECHR practice: safeguards of a fair trial and the experience of EU countries

On January 30, 2026, the Dnipro Regional Branch of the National School of Judges of Ukraine, in cooperation with the European Union Advisory Mission in Ukraine (EUAM), held a seminar-workshop entitled "Hearing cases in the absence of the accused from the perspective of the ECHR: practical aspects and procedural guarantees, including a comparison with selected EU countries."

The purpose of the educational event was to familiarize participants with international standards for conducting criminal proceedings in absentia, consider certain aspects of special pre-trial investigations, discuss the specifics of court proceedings under special criminal proceedings, and develop practical recommendations for sentencing in special criminal proceedings. 

The training was opened by Volodymyr Poplavskyi, Director of the Dnipro Regional Branch of the National School of Judges of Ukraine. Johan Chytraeus, Head of the Mobile Unit of the EUAM, and Christopher Elliott, Advisor on Criminal Investigation in Organized Crime Cases at the EUAM, addressed the participants with welcoming remarks, thanking the judges for their participation and wishing them fruitful work. 

Among the seminar instructors were Roman Mudretsky, President of the Dnipro Court of Appeal; Iryna Shapovalova, judge of the Dnipro District Court of Dnipropetrovsk Region; Anastasiia Mykhalchenko, judge of the Industrial District Court of Dnipro, Dariusz Sielicki, senior advisor on criminal prosecution in international crime cases at the EUAM (Republic of Poland), and Henri Telkki, senior advisor on prosecution at the EUAM (Republic of Finland).

The seminar program covered issues of trial in absentia in the practice of the ECHR (the Netherlands, Italy, France), a comparative analysis of key principles, admissibility criteria, and procedural guarantees in various EU countries (Poland, Finland, Italy), the MH17 case as an example of proceedings in absentia, compliance with the standards of Article 6(1) of the ECHR in special criminal proceedings under Ukrainian law, and the resolution of issues related to the conduct of special pre-trial investigations.

Participants had the opportunity to deepen their professional knowledge and discuss practical aspects of applying international law in Ukrainian courts, particularly in the context of challenges related to armed conflict.

The judges actively worked in groups, shared their experiences, and noted the relevance of the topics and the high level of professional training provided by the instructors.