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I have the pleasure to transmit the information provided by the Ministry of Justice of Georgia concerning the election of a judge to the European Court of Human Rights in respect of Georgia:
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CV of Mr Aleksandre Baramidze […]
CV of Mr Giorgi Badashvili […]
CV of Ms Eva Gotsiridze […]
Governmental Ordinance No 623 of 14 December 2015 on the Approval of the Procedure for Selecting Judicial Candidates to the European Court of Human Rights in 2016 […]
Explanatory Note […]
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No national procedure for selecting candidates for the position of a judge at the European Court of Human Rights has existed in Georgia until 2015. On 14 December 2015, upon receiving a letter from the Council of Europe that called on Georgia to present a list of 3 candidates the Government of Georgia established a special State Commission for the selection of candidates for an ECHR judge in respect of Georgia.
The Governmental Ordinance (N 623) of 14 December 2015, whereby the State Commission for Selecting Judicial Candidates to the European Court of Human Rights was established, defined selection criteria for candidates, determined relevant timelines for and a rule of proposing a gender-balanced list, and prescribed a very detailed public, transparent and inclusive procedure of selection of successful candidates (“the Ordinance”).
The 11-member State Commission was chaired by the Minister of Justice and was comprised of 5 female and 6 male members, including: the Deputy Minister of Foreign Affairs, the Deputy Chairperson of the Supreme Court, the First Deputy Prosecutor General, the Chairperson of the Bar Association, the Chairperson of the Human Rights Committee of Parliament, the Chairperson of the Legal Affairs Committee of Parliament, the Public Defender (Ombudsman) of Georgia, the Parliamentary Secretary of the Government, the Dean of the Tbilisi State University Faculty of Law, and the Representative of the Coalition for Independent and Transparent Judiciary (49 NGOs coalition).
Article 7.5 of the Ordinance provides:
“After interviewing all the candidates, the State Commission shall approve 2 lists of candidates according to their gender, on the basis of the average scores in decreasing order. Based on the approved lists, the State Commission shall adopt a final list of 5 candidates, which shall include the two highest scoring candidates from both lists, plus one candidate coming next on one of the lists who has a higher score than the candidate of the opposite gender in the same place on the other list. The Chairperson of the State Commission shall submit the list of 5 candidates to the Government of Georgia on behalf of the Commission.”
Article 8 of the Ordinance provides:
“1. The Government of Georgia shall review the list of 5 candidates submitted by the State Commission and shall approve 3 candidates, one of whom must be of a different gender, to be nominated to the Parliamentary Assembly of the Council of Europe. The Government of Georgia shall have the right to invite the candidates to its sitting and to interview them.
2. If the Government of Georgia fails to approve any of the candidates, the State Commission shall repeat the candidates’ selection process according to the Procedure set out herein. If the Government of Georgia approves less than 3 candidates, the State Commission shall repeat the selection process according to the Procedure set out herein in order that the Government of Georgia shall be able to approve up to 3 candidates.”
Georgia thus created an institutional mechanism inside the country for selecting candidates for the position of the judge to be elected in respect of Georgia in accordance with the European Convention. This mechanism is inclusive, transparent, based on objective criteria and sets a high standard for future selections.
Pursuant to the above Ordinance, on 15 December 2015, the State Commission published a vacancy calling for candidatures on the following websites: www.jobs.ge (all job vacancies in Georgia being usually announced on this private company website) and www.hr.gov.ge (every vacancy in the civil service of Georgia is to be published here according to Georgian Law). Potential candidates had until 6 February 2016 to upload their CVs on the website of their choice.
As a result, 47 applications were received. Applicants included 26 women and 21 men, out of whom:
At the first stage, candidates’ CVs and supporting documents were verified. Some of them appeared not to be lawyers by profession, others lacked 5 years working experience as a lawyer and/or did not match other criteria determined by the Governmental Ordinance. As a result of the first round 13 candidates were selected. The minutes of this first-stage procedure were signed by all members of the State Commission and were published at www.justice.gov.ge.
At the next stage, the State Commission contracted the British Council office in Georgia and the French Institute in Georgia, where 11 English speaking candidates and one French speaking candidate took free language tests (APTIS) respectively.
On the day of the test, 1 candidate did not show up. 8 candidates were evaluated to reach C level, and 4 candidates to meet B2 level. All of them were invited for an interview before the State Commission.
On 28 February 2016, all 11 members of the State Commission gathered at the Justice Training Center facility to interview the successful 12 candidates. Media representatives had the right to attend the interviews and/or take comments from those candidates who had previously agreed to speak to media.
Each member of the State Commission evaluated each of the candidates separately.
As a result, on 28 February 2016, after the interviews and the evaluation process conducted pursuant to Article 7 of the Ordinance, the State Commission, based on the highest average scores, selected 5 shortlisted candidates (3 women and 2 men) to be submitted to the Government for their final decision. The minutes of this procedure were signed by all members of the State Commission and were published at the Ministry of Justice website www.justice.gov.ge.
At its sitting of 16 May 2016 and 1 August 2016 the Government of Georgia examined the files of the 5 shortlisted candidates, heard the Chair of the State Commission and chose the 3 candidates for nomination.
On 1 August 2016, the Government of Georgia submitted to the PACE the list of the following candidates (in the alphabetical order):
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Government of Georgia
Ordinance No 623
14 December 2015
Tbilisi
On the Approval of the Procedure for Selecting Judicial Candidates to the European Court of Human Rights in 2016
Article 1
Under Article 29(1) of the Law of Georgia on the Structure, Powers and Rules of Procedure of the Government of Georgia, a State Commission for Selecting Judicial Candidates to the European Court of Human Rights (’the State Commission’) shall hereby be established to nominate to the Parliamentary Assembly of the Council of Europe the judicial candidates for the position of the judge at the European Court of Human Rights, to be elected in respect of Georgia in 2016. The State Commission is composed of:
a) the Minister of Justice of Georgia, the Chairperson of the State Commission;
b) the Deputy Minister of Foreign Affairs of Georgia, the Deputy Chairperson of the State
Commission;
c) the Parliamentary Secretary of the Government of Georgia;
d) the First Deputy of the Chief Prosecutor of Georgia;
e) the Chairperson of the Human Rights and Civil Integration Committee of the Parliament of
Georgia;
f) the Chairperson of the Legal Issues Committee of the Parliament of Georgia;
g) the Deputy Chairperson of the Supreme Court of Georgia;
h) the Public Defender of Georgia;
i) a representative of the Bar Association of Georgia;
j) the Dean of the Faculty of Law of the LEPL Ivane Javakhishvili Tbilisi State University;
k) a representative of the Coalition for an Independent and Transparent Judiciary.
Article 2
The attached Procedure for Selecting Judicial Candidates to the European Court of Human Rights in 2016 shall hereby be approved.
Article 3
The list of judicial candidates, prepared according to this Procedure, shall be submitted to the Government of Georgia not later than 15 April 2016.
Article 4
The work of the Commission shall be considered completed upon the completion of the voting procedure by the Parliamentary Assembly of the Council of Europe.
Article 5
This Ordinance shall enter into force upon its promulgation.
Prime Minister Irakli Gharibashvili
Procedure for Selecting Judicial Candidates to the European Court of Human Rights in 2016
Article 1
The State Commission for Selecting Judicial Candidates to the European Court of Human Rights (’the State Commission’) is the Advisory Body of the Government of Georgia, which is established in accordance with this Procedure for the purpose of selecting and proposing to the Government of Georgia candidates for the position of the judge at the European Court of Human Rights, to be elected in respect of Georgia in 2016.
Article 2
1. In exercising its authority, the State Commission shall be guided by the principles of impartiality, fairness, publicity and transparency, as well as by Resolutions No 1366 of 2004, No 1646 of 2009, No 1726 of 2010 of the Parliamentary Assembly of the Council of Europe, and Resolutions (2009)5 and (2010)6 of the Committee of Ministers.
2. The purpose of the Commission is to prepare a list of judicial candidates to the European Court of Human Rights through a strict, fair and transparent selection procedure, which will enable the Government of Georgia as well as the Parliamentary Assembly of the Council of Europe to have a real choice.
Article 3
1. The State Commission shall be run by the Chairperson of the Commission.
2. The Chairperson of the State Commission shall organise the work of the Commission and convene and chair its meetings. In the absence of the Chairperson of the State Commission, his/her duties shall be performed by the Deputy Chairperson of the State Commission.
3. By decision of the State Commission, experts and specialists may be invited to attend meetings without voting rights in order to help the State Commission to decide certain issues.
4. A Secretariat shall be established at the State Commission, which shall administer the work of the Commission and provide it with organisational support. The functions of the Secretariat of the State Commission shall be carried out by the relevant structural subdivision of the Ministry of Justice of Georgia.
Article 4
1. The State Commission shall be deemed authorised to sit if attended by more than half of its members.
2. The State Commission shall make decisions by open ballot by a majority of the total membership, except for the cases specified in Article 7(5) of this Procedure.
3. Commission meetings and the decisions made therein shall be documented in the minutes of the meeting, which shall be signed by all attending members.
4. Commission meetings shall be open to media representatives, who shall register in advance with the person responsible for the public relations of the Commission. Media representatives shall not be allowed into the meeting hall after the commencement of a meeting.
5. Taking photographs and videos shall be allowed only at the beginning of the meeting; once the meeting has commenced video and photographic equipment shall be removed from the meeting room.
Article 5
1. A candidate for the position of the judge at the European Court of Human Rights, to be elected in respect of Georgia, shall be a citizen of Georgia of legal capacity, between the age of 30-65 years, who meets the following requirements:
a) has perfect command of the state language;
b) has good command of one of the official languages of the Council of Europe (English or French);
c) has perfect knowledge of the European Convention on Human Rights, relevant case law and has working experience in this field;
d) has perfect knowledge of the principles of public international law and the legislation of Georgia;
e) meets the requirements established by the legislation of Georgia for occupying high judicial positions, or is a law specialist of recognised competence;
f) has at least five years of professional experience;
g) is of a high moral character and professional reputation.
2. An average command of the second official language of the Council of Europe shall be considered an advantage for the candidate.
Article 6
1. For the purpose of selecting candidates, the State Commission shall, not later than 12 months before the expiration of the term of office of the acting judge elected in respect Georgia to the European Court of Human Rights, publish information on the vacancy and allow potential candidates at least one month to submit the relevant documentation.
2. The candidates shall submit to the State Commission an application, which includes a motivation letter, a Curriculum Vitae and documents certifying the information specified therein.
3. The Curriculum Vitae must be prepared according to the template determined by the Parliamentary Assembly of the Council of Europe, which is attached to this Procedure (Annex No 1), in the Georgian and English languages.
4. If the submitted documentation is incomplete, the application shall not be considered.
Article 7
1. In order to assess compliance with the requirements of Article 5 of this Procedure, the Secretariat of the Commission shall carry out a preliminary selection of the received applications and submit the results to the State Commission for approval.
2. After the approval of the preliminary results, the State Commission shall carry out language tests in order to assess compliance with the requirements determined by Article 5(1)(b) of this Procedure.
3. The applications of the candidates who pass successfully the language tests (by achieving at least B1 level) shall be reviewed by the State Commission at its meeting by inviting each candidate and interviewing them.
4. Members of the State Commission shall evaluate each individual candidate separately, according to a special evaluation form provided in the Annex to this Procedure (Annex No 2), and shall assign an overall individual score to him/her. The average score of each candidate shall be calculated on the basis of the scores assigned to the candidate by the members of the State Commission.
5. After interviewing all the candidates, the State Commission shall approve two lists of candidates according to their gender, on the basis of the average scores in decreasing order. Based on the approved lists, the State Commission shall adopt a final list of 5 candidates, which shall include the two highest scoring candidates from both lists, plus one candidate coming next on one of the lists who has a higher score than the candidate of the opposite gender in the same place on the other list.
The Chairperson of the State Commission shall submit the list of 5 candidates to the Government of Georgia on behalf of the Commission.
6. At all stages of the selection process the identities of the candidates, the documents submitted by them to the State Commission, the language test results, the interview evaluations, and the decisions and minutes of the meetings of the State Commission shall be public and shall be published.
Article 8
1. The Government of Georgia shall review the 5 candidates list submitted by the State Commission and shall approve 3 candidates, one of whom must be of a different gender, to be nominated to the Parliamentary Assembly of the Council of Europe. The Government of Georgia shall have the right to invite the candidates to its sitting and to interview them.
2. If the Government of Georgia approves none of the candidates, the State Commission shall repeat the candidates’ selection process according to the Procedure set out herein. If the Government of Georgia approves fewer than 3 candidates, the State Commission shall repeat the selection process according to the Procedure set out herein in order that the Government of Georgia shall be able to approve up to 3 candidates.
Article 9
The Government of Georgia shall submit to the Parliamentary Assembly of the Council of Europe the candidates for the position of the judge to be elected in respect of Georgia at the European Court of Human Rights.
Name, forename: Badashvili, Giorgi
Sex: male
Date and place of birth: 23 July 1980, Tbilisi, Georgia
Nationality: Georgian
Among many other duties, the job description consists of the following tasks:
litigation, pleading before courts of common jurisdiction at all levels;
legal drafting;
consulting in such areas of legal expertise as civil law, administrative-legal issues, energy, oil and gas law, corporate and telecommunication law, working on foreign investment projects.
authorised legal representative of the President of Georgia before courts of common jurisdiction at all levels as well as before the Constitutional Court of Georgia;
preparing draft Decrees and Ordinances for issuance by the President of Georgia;
ensuring legal analysis of draft statutes and/or already adopted laws pending their final approval by the President of Georgia on their compliance with the existing national and international legal standards, acting as a legal liaison between the Administration of the President of Georgia and the Registry of the Government of Georgia.
Advising the NSC on possible legal consequences/international obligations in the event of the State’s adhering to international agreements relating to national security considerations.
Legal consulting in such areas of expertise as secured transactions, energy law, civil law, administrative- legal issues, foreign investment issues.
See paragraph (a) of Section III above. In addition, as part of the duties of a case lawyer at the Registry of the European Court of Human Rights, acting under the authority of the Registrar of the Court and in cooperation with various other departments of the Council of Europe, conducted, during the last ten years, numerous workshops and trainings and gave lectures on various problematic human rights issues affecting Georgia and other countries in the region (in particular, on the substantive and procedural guarantees under Articles 2 and 3 of the Convention, asylum seekers’ rights, deprivation of liberty (Article 5), right to a fair trial (Article 6), freedom of expression (Article 10) protection of property (Article 1 of Protocol No. 1, right to free and fair elections (Article 3 of Protocol No. 1)) for the attention of such target groups as judges, prosecutors, advocates, law-enforcement agents, and prison officers, staff of the Public Defender’s Office and law students.
The full list of the above-mentioned knowledge-sharing activities can be presented upon request.
The positions of Chief Legal Advisor and Legal Advisor at, respectively, the Administration of the President of Georgia and the National Security Council were public offices (see paragraph (b) of Section III above).
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I confirm this statement.
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I confirm this statement.
Name, forename: Baramidze, Aleksandre
Sex: male
Date and place of birth: 15 October 1961, Tbilisi, Georgia
Nationality: Georgian
Ph.D Program in International Law
Dissertation: Precedent in European Court of Human Rights (defence pending)
Department of Law
Academy of American and International Law
Oriental Studies, History of Middle East
ToT in Forensics/Expert Witnesses
ToT in Criminal Procedure Code
Advocacy Teacher Training
Trial Advocacy
Advanced Trial Advocacy
Training in Human Rights Law
Ministry of Justice of Georgia
First Deputy Minister - November 2013-present
Supervises legal drafting and analytical departments of the Ministry of Justice as well as Georgian Legislative Gazette “Matsne”. Is a parliamentary secretary for the Ministry of Justice. Is a coauthor and co-organiser of the justice sector reforms implemented since October 2012, including the three phases of judicial reform, the reform of prosecutor’s office, juvenile justice code, revisions of substantive criminal law and criminal procedure, labour law, civil procedure, arbitration law, etc. Performs duties and responsibilities of the Minister of Justice in the absence of the minister.
Ministry of Justice of Georgia
Deputy Minister - October 2012-November 2013
Georgian Bar Association
License to Practice Law, September 2004
License to Practice Criminal Law, November 2006
In 2010 became an elected member of the GBA Criminal Law Committee. Was a coauthor of the draft amendments to the Criminal Procedure Code which was eventually adopted by the Parliament in 2013. Prepared reports to the Criminal Law Committee on human rights violations.
Process Law Firm
Senior Legal Counsel, June 2009-October 2012
Provided legal advice to and represented clients in judicial and administrative authorities in criminal, administrative and civil law cases. Fields of expertise included criminal law and criminal procedure, human rights law, media law and property law. Represented clients in European Court of Human Rights.
Andronikashvili & Partners Law Firm
Senior Legal Counsel, November 2004-June 2009
Provided legal advice to and represented clients in judicial and administrative authorities in criminal, administrative and civil law cases. Fields of expertise included criminal law and criminal procedure, human rights law, and property law. Represented clients in European Court of Human Rights.
For a number of years taught media law, trial advocacy and international law in different law schools, including Georgian Institute of Public Affairs (October 2005-October 2012), Caucasus School of Law (April 2008-September 2011), Free University (September 2009- March 2010), Georgian Technical University (October 2004-May 2005).
As a practicing lawyer represented clients in European Court of Human Rights. Three successful cases include Ramishvili and Kokhreidze v. Georgia, Application no. 1704/06; FC Mretebi v. Georgia, Application no. 38736/04; Dadiani and Machabeli v. Georgia, Application no. 8252/08.
As a public officer represented the Government of Georgia in the public hearings before the Chamber and the Grand Chamber respectively in Natsvlishvili and Togonidze v. Georgia, Application no. 9043/05; and Paposhvili v. Belgium, Application no. 41738/10.
Attended the Venice Commission sessions when the Venice Commission opinions on the Ministry of Justice draft laws on amendments to the Law on Courts of General Jurisdiction, Law on the Prosecution Service, and other laws were considered.
Please refer to Section III (a)
Substitute member of the Venice Commission as of November 2015
N/A
Assistant Office Manager, Translator, July 1994-May 1998
Political Observer, October 1992-January 1994
Junior Research Fellow, January 1986-July 1994
Junior Research Fellow, September 1983-December 1985
Published articles in the fields of human rights, criminal procedure, and media law. Made presentations to conferences, symposia, and round tables. For a number of years provided numerous trainings to lawyers and journalists in criminal procedure, trial advocacy and media law.
Online Guidelines in Media Law, prepared for the Eurasia Partnership Foundation, 2010.
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I do confirm that I will follow an intensive language class of French prior to, and if need be also at the beginning of my term of duty if elected a judge on the Court.
I do confirm that I will take up permanent residence in Strasbourg if elected a judge on the Court.
Name, forename: Gotsiridze, Eva
Sex: female
Date and place of birth: 7 July 1963, Tbilisi
Nationality: Georgian
Positions
Trainings
Author of bills and other legal texts (a selected list)
- “On Murder”;
- “On Robbery”;
- “On Violations of Right to Free Elections”;
- “On Victim`s Rights in Criminal Proceedings”;
- “Suspect`s Rights”;
- “On Right to Property”.
- “On Drug-related Crimes”.
Published Translations
Reports at various international conferences and seminars
“Whether the Constitutional Control Should Cover the Decisions of the Common Jurisdicton Courts?”, Tbilisi (2015);
“The Role of Impeachmend Mechanism for maintaining Public Confidence in the Government”, Tbilisi (2013);
“Checks and Balances System in the Georgian Constitution, Tbilisi,(2008);
“Causation in International Law”, Tbilisi (2005);
“Compatibility of the Georgian Legislation with the European Convention on Human Rights”, Tallin (1997);
“The Impeachment Mechanism by the Georgian Constitution”, Detroit (1997);
“Freedom of Press in Georgia”, Chicago (1997);
“Constitutional Jurisdiction – foreign Experience and Georgian Outlook”, Tbilisi (1996);
Active involvement in a democratic transformation process of the society, mostly by commenting on a variety of issues of public concern, rule of law, reforms in different fields of social life (participation in conferences and forums, publications, etc.).
Reports at the International and national conferences (a selected list):
Pedagogical activity
Different positions held in the Supreme Court of Georgia (1992-1997), see above
Member of the Council of Justice of Georgia (1997-2000)
Member of the Council of Justice of Georgia (2013 to present)
Member of the Council of Justice of Georgia (1997-2000), elected by the Plenary of the Supreme Court of Georgia
Member of the Council of Justice of Georgia (2013 to present), elected by Parliament of Georgia
I have never been a member of and have never held any position in any political party or movement.
Published Books:
Over 100 other works, including:
Translations, compilations and Publications of the ECHR Case-law
Six collections of the decisions and judgments of the European Commission of Human Rights and European Court of Human Rights, with comments:
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I do confirm.
I do confirm.