DOI 10.37749/2308-9636-2021-3(219)-5

Misko Yu. V. The concept of transitional justice in a context of a breach of articles 2 and 3 of the European convention on human rights.

This article examines violations and crimes against human rights committed during the period of transitional justice. This topic is extremely actual for Ukraine today, thus it provokes countless discussions. Transitional justice is a complex of special measures towards reaching peace after armed conflict, reaching democracy after authoritarianism. The main aim of this conception is fairness. The last one must be established in relation to the victims of violations of human rights, in particular, the right to life and prohibition of torture. The family of the victim, for its part, has the right to know what really happened and demand reparation for the moral suffering. In fact, the human rights violation occurs in the temporarily ungoverned territories of Ukraine every day. In case the state has no opportunity to exercise effective control over the entire territory of our country and ensure all the rights set forth in the European convention on human rights for its citizens fully, after the war the state has a duty to restore valuable human rights such as the right to life and the prohibition of torture. Consequently, it is necessary to be getting ready for this period immediately. We should take into account the mechanisms of restoring justice in other countries as well as analyse the jurisprudence of the European Court of Human Rights relating to human rights violation during armed conflicts. In particular, this article explores the proceedings against Russia, Turkey, former Yugoslav Republic of Macedonia that may be relevant for Ukraine. Obviously, for bringing the perpetrators to justice and in order to avoid impunity, a process of documentation or another effective instrument for recording the acts against human rights stays complicated, major and open for further development.

Key words: transitional justice, right to life, prohibition of torture, European Court of Human Rights, European Convention on Human Rights.



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