Election of judges to the European Court of Human Rights
List and curricula vitae of candidates submitted by the Government of Cyprus
Communication
| Doc. 16026
| 22 August 2024
- Author(s):
- Secretary General of the Parliamentary Assembly
1 List
of candidates submitted by the Government of Cyprus and information
on the national selection procedureNote
Letter from Ms Helene Josephides,
Deputy to the Permanent Representative, Permanent Representative
of Cyprus to the Council of Europe, to Ms Despina Chatzivassiliou-Tsovilis,
Secretary General of the Parliamentary Assembly of the Council of
Europe, dated 30 July 2024
[…]
I have the honour to submit here below, on behalf of the Government
of the Republic of Cyprus, the names of the three candidates for
the election of the Cypriot Judge to the European Court of Human
Rights, for your further actions:
- Ms Elena
Efrem
- Ms Natasa Mavronicola
- Ms Marika Papathoma Kalligerou
Please note that the names are submitted in alphabetical order.
The curricula vitae of the three candidates are enclosed.
As regards the national procedure followed for the selection
of the three candidates, I would like to inform you that the nomination
of candidates was based on a pre-determined procedure that was established
by a decision of the Council of Ministers of the Republic of Cyprus
in 2015. This decision was amended in 2023 to take into consideration
the change of the structure of the Judiciary.
The nomination process was initiated via State official channels,
i.e. by the publication of the announcement of the nomination process
in the Official Gazette of the Republic of Cyprus. The announcement
for the initiation of the process was also published in the daily
press and on the websites of Ministries, Courts, the Legal Service,
the Office of the Law Commissioner, and other relevant bodies involved
in the process. A timeframe of more than two months was granted,
giving the adequate time to interested candidates for the submission
of their applications.
According to the procedure set by the Council of Ministers
Decision, a National Selection Body was established. The National
Selection Body was comprised of members whose technical knowledge
and command of respect and confidence, as well as their freedom
from influence, are undoubtful. All applicants were invited to an
interview before this Body. The linguistic abilities of the applicants
were assessed both based on the certificates provided, and during
the interviews.
The National Selection Body presented a list of four candidates
to the President of the Republic of Cyprus, in order of preference.
The final decision was taken by the President of the Republic who,
considering the recommendations of the Selection Body, decided to
select the first three candidates presented by the National Selection
Body.
[…]
Appendix 1 - Curriculum
vitae of Elena EFREM
I. Personal details
Name: EFREM, Elena
Sex: female
Date and place of birth: 20 February 1969 in Nicosia, Cyprus
Nationality: Cypriot
II. Education and academic
and other qualifications
- 1986 Acropolis Gymnasium/Lyceum
(Nicosia) – School Leaving Certificate (awarded for second place)
- 1989 LLB with Honours – University of East Anglia, Norwich
(UK)
- 1990 Barrister-at-Law, Gray’s Inn (UK)
- 1991 LLM – King’s College, University of London (UK)
- 1992 Called to the Cyprus Bar – Cyprus Bar Exams (awarded
for first place)
- 2012 Course Diploma – Judicial Co-operation in Criminal
Matters in Europe (5th Edition) – European Judicial
Training Network (EJTN) (Madrid, Spain)
- 2014 Course Diploma – The Judge in the European Judicial
Area in Civil and Commercial Matters – European Judicial Training
Network (EJTN) (Barcelona, Spain)
- 2015 Certified as a HELP Trainer – Training of HELP Trainers,
The European Program on Human Rights for Legal Professionals (HELP)
(Council of Europe) (Strasbourg, France)
III. Relevant professional
activities
a. Description of judicial
activities
- 1/7/2023 Supreme Court
– Judge
- 2022 District Court of Limassol – Administrative President
(District Court)
- 2021 District Court of Larnaca and Famagusta – Administrative
President (District Court)
- 2020 District Court of Nicosia – President (District Court)
- 2018 District Court of Limassol – President (District
Court)
- 2016 Assize Court of Nicosia – President
- 2015 District Court of Nicosia – President (District Court)
- 2013 Assize Court of Nicosia – Senior District Judge
- 2010 District Court of Limassol – Senior District Judge
- 2009 District Court of Larnaca – District Judge
- 2006 Assize Court of Nicosia – District Judge
- 2000 District Court of Nicosia – District Judge
- 1997 District Court of Larnaca – District Judge
b. Description of
non-judicial legal activities
- 1994 Chryssafinis and
Polyviou Law Firm – Lawyer
- 1992 Panayiotou and Pelekanos Law Firm – Lawyer
- 1991 Panayiotou and Pelekanos Law Firm – Pupillage
IV. Public activities
a. Public Office
- Judicial Service, Supreme
Court – Republic of Cyprus (1997 until present)
b. Elected Posts
- Junior and Senior School
Board of Governors – Member (2009 –2011)
During that time, I served as the Chairperson on the Senior
School Committee and the Teachers’ Provident Fund Committee. This
invaluable experience granted me an insider’s view on the establishment
and development of a school to the highest academic standards. It
has also enhanced my leading, organisational and communication skills.
V. Other activities
- Consultative Council
of European Judges: 2023 – ongoing; Representative for Cyprus, appointed
by the Cyprus Supreme Court
- Cyprus Judicial Training School: 2018 – ongoing; Trainer,
facilitator and organiser of training seminars on judgecraft, new
civil procedure rules and children as vulnerable witnesses
- Cyprus-based project “Strengthening National Policies
to Stop Sexual Violence Against Children”; Training for prosecutors,
judges and defence lawyers on “Understanding and Handling Child
Victims of Sexual Violence”, organised by The Parliamentary Assembly
of the Council of Europe: 2015 – ongoing; Representative of the
Cyprus Judiciary, appointed by the Cyprus Supreme Court (responsible
to help organise a series of training seminars for various professionals
in this field)
- Cyprus Police Academy: 2018 – 2022; Guest Trainer on video
recorded statements and their presentation in court
- Network to stop sexual violence against children, organised
by The Parliamentary Assembly of the Council of Europe: May 2014;
Panellist of the round table of the Network meeting
- Workshops; Participated in a number of Judicial Workshops
of The Children’s House on children as vulnerable witnesses
- Public Speaking; Delivered speeches and presentations
at universities and other academic institutions on children within
the judicial system
- Other Participations; Attended various seminars in Cyprus
and abroad organised by the European Judicial Training Network
VI. Languages
- Greek – native
- English – proficient (CEFR equivalent C2)
- French – independent user (CEFR equivalent B1)
|
Language
|
Reading
|
Writing
|
Speaking
|
|
Excellent
|
Good
|
Fair
|
Excellent
|
Good
|
Fair
|
Excellent
|
Good
|
Fair
|
|
a. First Language: Greek
|
X
|
|
|
X
|
|
|
X
|
|
|
|
b. Official Languages:
|
|
|
|
|
|
|
|
|
|
|
English
|
X
|
|
|
X
|
|
|
X
|
|
|
|
French
|
|
X
|
|
|
X
|
|
|
X
|
|
VII. Other relevant
information
In my 24-year tenure as a Judge, upholding fundamental human
rights has been paramount. I've presided over diverse cases where
human rights issues emerged, often influencing the case's outcome.
Addressing these issues entails a comprehensive analysis of international
and European human rights instruments and caselaw. Some cases even
necessitate the establishment of new legal principles within national
caselaw. As a Supreme Court Judge, considerations of human rights,
particularly in Prerogative Orders applications, remain prominent. Given
the dynamic nature of human rights, the courts must continually
adapt to society's evolving values, ensuring that caselaw progresses
to safeguard human rights across all aspects of life. This commitment reflects
my enduring dedication to the ever-evolving landscape of human rights
jurisprudence.
VIII. Residency in
Strasbourg
I hereby confirm that I will take up permanent residence in
Strasbourg if elected a judge on the Court.
Appendix 2 - Curriculum
vitae of Natasa MAVRONICOLA
I. Personal details
Name: MAVRONICOLA, Natasa
Sex: female
Date and place of birth: 21 September 1985 in Nicosia, Cyprus
Nationality: Cypriot
II. Education and
academic and other qualifications
- 2014: PhD in Law, University
of Cambridge: Thesis title:
‘Delimiting the Absolute: The Nature and Scope of Article 3 of the
European Convention on Human Rights’. Supervisor:
Professor David Feldman KC FBA. Examiners:
Professors Liora Lazarus (University of Oxford) and Mark Elliott
(University of Cambridge).
- 2010: Passed the Cyprus Bar Examinations: Distinction
(Άριστα), First Place in National Examinations.Courses completed: Article 146 (Administrative
Law); Civil Litigation; Civil Wrongs; Company Law; Constitutional
Law; Contract Law; Courts/Lawyers/Ethics; Criminal Law; Criminal Litigation;
Evidence.
- 2009: College of Law's Linklaters Legal Practice Course
(solicitors’ qualification): Distinction.
- 2008: BCL (Masters in Law), University of Oxford: Distinction,
recipient of Bruce Reynolds Prize for Worcester College's highest
performance on the BCL and Worcester College Prize for Distinction
on the BCL.
- 2007: LLB (Hons), University College London: First Class,
Dean’s List and recipient of Faculty of Laws’ Andrews Medal and
Prize for the highest performance on the LLB degree and the Agha
Abdur-Rashid Prize for high standard of overall performance in undergraduate
study.
- 2004: Graduate of The English School, Nicosia. A Levels: Classical Greek; English
Literature; French; History; Mathematics; Modern Greek (all As). AS Level: Economics (A).
III. Relevant professional
activities
a. Description of
judicial activities
Not applicable
b. Description of
non-judicial legal activities
Activities as Legal Academic
Education & Research Posts (Permanent and Full-Time):
- August
2022 – present: Full Professor of Human Rights Law, Birmingham Law
School, University of Birmingham. I lecture in subjects
including Decolonising Legal Concepts;
European Human Rights Law; Human Rights and Criminal Justice;
and International Human Rights Law.
I have supervised 5 PhDs to completion.
- August 2019 – July 2022: Reader in Law, Birmingham Law
School, University of Birmingham.
- September 2016 – August 2019: Senior Lecturer in Law,
Birmingham Law School, University of Birmingham.
- July 2013 – September 2016: Lecturer in Law, Queen’s University
Belfast School of Law.
Education & Research Posts (Part-Time or Visiting):
- October
2016 – present: Guest Lecturer, University of Oxford.
- July 2023: Lecturer, Koufa Summer Courses on International Law and Human Rights,
Kalliopi Koufa Foundation, Thessaloniki.
- October – November 2021 and 2022: Diaspora Faculty, University
of Cyprus.
- June 2013 – June 2015: Visiting Lecturer in English Administrative Law, University
of Osnabrück.
- August 2012 – October 2012: Doctoral visitor at Harvard
Law School.
- October 2011 – January 2013: Graduate Teaching Assistant
in Civil Liberties and Human Rights (LLM), University
of Cambridge.
- October 2010 – December 2012: College Tutor in Constitutional Law and Administrative Law, University of
Cambridge.
- September 2008 – August 2012: Teaching Fellow in Public Law and Human Rights, UCL Faculty of Laws.
Research Community Activities:
- Editorial Board, Europe of Rights & Liberties (2023–present);
Human Rights Law Review (2021–present); Cyprus Human Rights Law
Review (2014-2015).
- External Examiner in Human
Rights courses (undergraduate and postgraduate), University
of Galway (2021-present).
- Member, UK Prohibition of Torture Network; Society of
Legal Scholars; Socio-Legal Studies Association.
- Associate, Oxford Human Rights Hub.
Activities as legal practitioner
- 2010-2012: Trainee Lawyer at Chryssafinis & Polyviou
LLC (criminal law and public law): practising in criminal law and
public law; junior advocate for the defence in negligent manslaughter
case.
c. Description of
non-legal professional activities
Not applicable
d. Other professional
activities
Knowledge Exchange – Selected Activities
- Invited speaker, “Strip Searches
through the Lens of the Prohibition of Inhuman and Degrading Treatment”,
European Society of Criminology Conference, 7 September 2023.
- Organiser and speaker, “Minimalism vs. Maximalism? Challenges
and Future Directions in the Interpretation of the European Convention
on Human Rights”, Zoom webinar, 8 June 2022.
- Book launch and discussion, “(Re)Interpreting Article
3 ECHR: Whither the Absolute Right against Ill-Treatment?”, University
of Strasbourg, 10 March 2022.
- Keynote, “The Future is a Foreign Country: Climate Change
and (Real Risk of) Ill-Treatment under Article 3 ECHR”, Society
of Legal Scholars conference, Human Rights Section, 31 August 2021.
- Invited speaker, “Positive Obligations in Crisis”, webinar
on Human Rights in the Time of Coronavirus, 7 April
2020.
- Invited speaker, “The Unpopular (and) Article 3 ECHR”, What has the ECHR Ever Done for the UK?, British
Academy Workshop, 27 November 2018.
- Invited speaker, “Policing of Assemblies: Use of Force
and Accountability”: conference with UN stakeholders, Geneva Academy,
1-2 May 2017.
- Invited contributor on the prohibition of torture in Cyprus, Meeting of European experts on law and practice
on prohibition of torture, European Center for Constitutional
and Human Rights, 25-27 November 2011.
IV. Public activities
a. Public office
Not applicable
b. Elected posts
Not applicable
c. Posts held in a
political party or movements
Not applicable
V. Other activities
a. Field
Consultancy work for the United Nations and the Council of
Europe on the right not to be subjected to torture or to cruel,
inhuman or degrading treatment or punishment and its application
in various contexts, specifically:
- as Special Advisor to the United Nations Special Rapporteur
on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Nils Melzer;
- in work relating to preparation of, and reporting on,
a roundtable facilitated by Greece and the Council of Europe on
‘Professional Policing: Roles and Responsibilities of National Actors
in relation to the (Ill-) Treatment of Apprehended Persons in Greece’,
involving a range of key stakeholders, including senior prosecutors,
police officers, government representatives, the United Nations
Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, and Council of Europe officials.
b. Duration
- I worked as Special
Advisor to the United Nations Special Rapporteur on Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment from March
2017 until July 2019, and from January 2021 until June 2021.
- I undertook consultancy work for the Council of Europe
in November 2017 – January 2018 and again in January 2019 – April
2019 in preparing for, participating in and reporting on a roundtable
on professional policing and the (ill-)treatment of apprehended
persons in Greece.
c. Functions
- Thematic
work of the United Nations Special Rapporteur on Torture, Nils Melzer: As
Special Advisor to the Rapporteur, my functions consisted of engaging
in bilateral and multilateral consultations and supporting the Rapporteur
in drafting the following six thematic reports (submitted to the
United Nations General Assembly and United Nations Human Rights
Council):
1 thematic report on the
extra-custodial use of force (UN doc. A/72/178);
2 thematic report on migration-related torture (UN doc.
A/HRC/37/50);
3 thematic report on achievements of and challenges to the
absolute prohibition of torture 70 years after the Universal Declaration
of Human Rights (UN doc. A/73/207);
4 thematic report on the relationship between torture and
corruption (UN doc. A/HRC/40/59);
5 thematic report on domestic violence (UN doc. A/74/148);
6 thematic report on accountability for torture and other
ill-treatment (UN doc. A/76/168).
- Consultancy
on police ill-treatment and human rights for Council of Europe (2017-19):
under contract with the Council of Europe, I prepared a concept
note and follow-up report on the (ill-)treatment of apprehended
persons in Greece and on pathways to eradicating patterns of torture
and ill-treatment and participated in a stakeholder roundtable on
these issues in Athens in January 2019.
VI. Publications and
other works
Books
- Torture, Inhumanity
and Degradation under Article 3 of the ECHR: Absolute Rights and
Absolute Wrongs (Hart Publishing 2021).
- Edited with Laurens Lavrysen, Coercive Human Rights: Positive
Duties to Mobilise the Criminal Law under the ECHR (Hart Publishing
2020).
Articles/book chapters
- ‘Human
Rights and the Righting of “Historical” Wrongs’ (2023) 74(1) Northern Ireland Legal Quarterly 192–208.
- (with Elaine Webster) ‘Strip Searches Through the Lens
of the Prohibition of Inhuman and Degrading Treatment in European
Human Rights Law’ in Tom Daems (ed), Body
Searches and Imprisonment (Palgrave Macmillan 2023).
- ‘The Future is a Foreign Country: State (In)Action on
Climate Change and the Right against Torture and Ill-Treatment’
(2022) 6(2) Europe of Rights & Liberties 211-237.
- ‘Bouyid v Belgium:
The “Minimum Level of Severity” and Human Dignity’s Role in Article
3 ECHR’ (2020) 1(1) The European Convention
on Human Rights Law Review 105-124.
- ‘Taking Life and Liberty Seriously: Reconsidering Criminal
Liability under Article 2 of the ECHR’ (2017) 80(6) Modern Law Review 1026–1051.
- ‘Is the Prohibition against Torture and Cruel, Inhuman
and Degrading Treatment Absolute in International Human Rights Law?
A Reply to Steven Greer’ (2017) 17(3) Human
Rights Law Review 479–498.
- (with Kanstantsin Dzehtsiarou) ‘Relationship between Constitutional/Supreme
Courts and the ECtHR’ in Max Planck Encyclopedia
of Comparative Constitutional Law (OUP 2017).
- ‘Crime, Punishment and Article 3 ECHR: Puzzles and Prospects
of Applying an Absolute Right in a Penal Context’ (2015) 15(4) Human Rights Law Review 721-743.
- (with Francesco Messineo) ‘Relatively Absolute? The Undermining
of Article 3 ECHR in Ahmad v UK’ (2013)
76(3) Modern Law Review 589-603.
- ‘Güler and Öngel v Turkey:
Article 3 of the European Convention on Human Rights and Strasbourg’s Discourse
on the Justified Use of Force’ (2013) 76(2) Modern
Law Review 370-382.
- ‘Hirsi Jamaa v Italy:
Human Rights and Expulsion on the High Seas’ (2012) 1(2) Cyprus Human Rights Law Review 198-212.
- ‘What is an “absolute right”? Deciphering Absoluteness
in the Context of Article 3 of the European Convention on Human
Rights’ (2012) 12(4) Human Rights Law
Review 723-758.
VII. Languages
|
Language
|
Reading
|
Writing
|
Speaking
|
How
acquired?
|
|
Greek
|
Fluent
|
Fluent
|
Fluent
|
Mother tongue
|
|
English
|
Fluent
|
Fluent
|
Fluent
|
Education and work (teaching
and research)
|
|
French
|
Advanced
|
Confident
|
Confident
|
Education (A Level) and
usage
|
|
Spanish
|
Basic
|
Basic
|
Basic
|
Education
|
|
German
|
Basic
|
Basic
|
Basic
|
Education
|
|
Italian
|
Basic
|
Basic
|
Basic
|
Education
|
VIII. Other relevant
information
a. Research awards
- 2022 “Constantinos Emilianides”
Award for Law, awarded by the Cyprus Review for monograph Torture, Inhumanity
and Degradation under Article 3 ECHR: Absolute Rights and Absolute
Wrongs (Hart Publishing 2021).
- 2022 Society of Legal Scholars Peter Birks Book Prize
for Outstanding Legal Scholarship for monograph Torture, Inhumanity and Degradation under Article
3 ECHR: Absolute Rights and Absolute Wrongs (Hart Publishing
2021).
- 2019 University of Birmingham Award for Outstanding International
Impact, for informing UN policy on the prohibition of torture.
b. Research reach
- My academic work has
been cited in Separate Opinions issued by judges of the European
Court of Human Rights in Svinarenko and
Slyadnev v Russia [GC] (nos 32541/08 and 43441/08, 17
July 2014), Savran v Denmark [GC]
(no 57467/15, 7 December 2021), YP v
Russia (no 43399/13, 20 September 2022), and Semenya v Switzerland (no 10934/21,
11 July 2023).
IX. Upgrading language
skills
In the event that you do not meet the level of language proficiency
required for the post of judge in an official language, please confirm
your intention to follow intensive language classes of the language
concerned prior to, and if need be, also at the beginning of, your
term of duty if elected a judge on the Court.
[X] Yes, I confirm.
X. Residency in Strasbourg
Please confirm that you will take up permanent residence in
Strasbourg if elected a judge on the Court.
[X] Yes, I confirm.
Appendix 3 - Curriculum
vitae of Marika PAPATHOMA KALLIGEROU
I. Personal details
Name: PAPATHOMA KALLIGEROU, Marika
Sex: female
Date and place of birth: 15 November 1965 in Nicosia, Cyprus
Nationality: Cypriot
II. Education and
academic and other qualifications
- (1977-1983) A' Gymnasium
of Paphos, High School Diploma
- (1983-1987) Law School, National and Kapodistrian, University
of Athens, Law Degree
- (1989) Cyprus Bar Examinations
- (1989) Aglo-Cypriot Legal Studies, Lester University,
(Certificate of Attendance)
- (2015) Attending courses of Master of Laws degree (LLM),
University of Nicosia (Certificate of Attendance)
- (2017) Exchange Program for Judges – ACA Europe, Council
of State of Greece.
III. Relevant professional
activities
a. Description of
judicial activities
- (2024)
Judge of the Supreme Constitutional Court of Cyprus. The
Supreme Constitutional Court of Cyprus has the jurisdiction prescribed
in the Constitution of Cyprus (Articles 133-151) as well as appellate
jurisdiction for the appeals against the judgments of the Administrative
Court and the Administrative Court of International Protection for
the years 2016-2018.
- (2015-2023) President of Administrative Court of Cyprus.
The Administrative Court has the jurisdiction to annul administrative
acts or omissions of administrative organs and/or Public Authorities.
During the period of eight years (2015-2023) as President, I have
delivered approximately 740 Judgments (published in Cylaw.org).
b. Description of
non-judicial legal activities
- (8/1988-8/1989) Trainee
Advocate, Law Firm of Andis Triantafyllides & Sons
- (9/1989-12/1989) Advocate, Law Firm of L. Papafilippou
& Co
- (5/1990-9/1990) Employed by the Law Commissioner of Cyprus
(Translations of Cyprus Laws (CAPS) from English to Greek)
- (9/1990-12/1994) Advocate, Law Firm of Chrysafinis &
Polyviou
- (5/1995-12/1995) Advocate, Law Firm of Markides, Markides
and Co
- (1/1996-31/2000) Advocate, Law Firm of Chrysis Demetriades,
A. Mousiouttas & Co
- (2/2000-11/2015) Managing Director/Legal Consultant, Marika
Kalligerou LLC
- (1991-2015) Editor of the Cyprus Law Reports (CLR), Part
3 and Part 4, (Revisional Jurisdiction of the Supreme Court of Cyprus).
64 Volumes of Cyprus Law Reports were published during said period
for the years 1991-2015.
After being registered as an advocate in 1989, I practiced
law for 26 years. During my career as a practicing lawyer, I acquired
specialisation in Public Law in the areas of Constitutional, Human
Rights and Administrative Law.
c. Description of
non-legal professional activities
None
d. Other professional
activities
None
IV. Public activities
a. Public office
Judicial office
b. Elected posts
None
c. Posts held in
a political party or movement
None
V. Other activities
None
VI. Publications
and other works
- The sole editor of the
Cyprus Law Reports for the years 1991-1992 and 1998-2015 (Part 3).
- The sole editor of Cyprus Law Reports for the years 1993-2015
(Part 4). (64 volumes)
- Index to Cyprus Law Reports: Administrative Law Cases
(Plenary Jurisdiction) 1998-2015 (in progress).
VII. Languages
|
Language
|
Reading
|
Writing
|
Speaking
|
How
acquired?
|
|
Greek
|
Excellent
|
Excellent
|
Excellent
|
Mother tongue
|
|
English
|
Confident
|
Fluent
|
Confident
|
English language courses
(7 years), professional experience, participation in seminars, conferences
and workshops, delivered in English.
|
|
French
|
Very good
|
Fair
|
Fair
|
French language courses
(3 years).
|
VIII. Other relevant
information
I had the honour to be invited by the European Court of Human
Rights and I attended the annual seminars held by the Court regarding
the opening of the new judicial year between the years 2018-2024
(4 times).
IX. Upgrading language
skills
In the event that you do not meet the level of language proficiency
required for the post of judge in an official language, please confirm
your intention to follow intensive language classes of the language
concerned prior to, and if need be, also at the beginning of, your
term of duty if elected a judge on the Court.
Yes, I confirm.
X. Residency in Strasbourg
Please confirm that you will take up permanent residence in
Strasbourg if elected a judge on the Court.
Yes, I confirm.
