Referring to my letter of 21 May 2021 (No. 931011/32-119/11-33604) and following the consideration by the Advisory Panel of Experts on Candidates for Election as Judge to the European Court of Human Rights of the list of the three Ukrainian candidates selected by the national Selection Commission, I have the honour to submit herewith, upon the instructions of my government, for further consideration by the Parliamentary Assembly of the Council of Europe, the list of the above mentioned candidates to the position of judge to the European Court of Human Rights in respect of Ukraine as follows:
as well as their curricula vitae and the information on national selection procedure.
…
The national selection procedure to nominate the candidates for the European Court of Human Rights was organised in Ukraine in accordance with the respective recommendations of the Council of Europe and, in particular, taking into account PACE Resolution 1646 (2009) “Nomination of candidates and election of judges to the European Court of Human Rights”.
The national selection procedure was structured as follows.
The above mentioned decree also:
The Commission was composed of leading scientists in the field of international law who are highly qualified and have considerable experience in the realm of protection of human rights and fundamental freedoms.
Mr Оlexander Serdyuk, Professor of the Department of International Law at the Yaroslav Mudriy National Law University, Doctor of Judicial Science, was appointed as Head of the Commission.
On 27 February 2021, in accordance with paragraph 6 of the mentioned Regulations, the competition announcement was published on the official website of the President of Ukraine and in the official state media resources the newspapers of the Verkhovna Rada of Ukraine «Voice of Ukraine» and of the Government of Ukraine «Governmental Courier».
19 persons submitted documents for the participation in the selection process and 18 applications were admitted by the Commission, as one of the candidates submitted the documents after the deadline.
List of the persons who duly submitted the documents was published on the website of the President of Ukraine on 5 April 2021, as provided for in the Regulations.
On 26 April 2021, the information about the dates of the interviews was issued by the Commission on the presidential website.
The language tests were held from 20 to 23 April 2021.
Taking into account strict quarantine restrictions all over Ukraine and abroad and in order to ensure that the principles of equality, openness and transparency are respected by all the participants, the Commission provided the candidates, who for valid reasons failed to arrive in Ukraine within the specified period, with a possibility to participate in the testing and interviews online.
17 candidates out of 18 admitted took part in the language tests, while 2 candidates did not attend them.
Following the interviews, the Commission by open ballot decided to recommend the following three persons to be included into the list of candidates for the European Court of Human Rights in respect of Ukraine:
While adopting the list, the Commission proceeded from the following criteria:
The Commission also took into account the compliance of candidates with the requirements to applicants for the position of judge of the Supreme Court of Ukraine and high specialized courts, as provided by the Law of Ukraine “On the Judiciary and Status of Judges”.
Name, forename: Gnatovskyy, Mykola
Sex: male
Date and place of birth: 1 July 1977, Kyiv, Ukraine
Nationality: Ukraine
I have researched and taught international human rights law and the law of the Council of Europe as well as international humanitarian law and international criminal law for more than 20 years.
As a member and President of the CPT, I have gained direct and vast experience both with human rights work in the field and the practical application of the European Convention on Human Rights and the case-law of the European Court of Human Rights to the situation of persons deprived of their liberty. I have visited hundreds of places of deprivation of liberty across Europe, participated in the drafting of over 40 and the adoption of over 170 CPT reports and have conducted numerous talks with the relevant authorities (at the ministerial level but also at the level of prime minister) on the measures to implement the CPT’s recommendations and the related judgments of the ECtHR. I have also participated in the development of the CPT standards related to the prevention of ill-treatment of persons deprived of their liberty. Moreover, I have participated in several exchanges of views between the European Court of Human Rights and the CPT and represented the CPT during such exchanges. In addition, I have represented the CPT at the exchanges of views with the Committee of Ministers of the Council of Europe as well as with the Standing Committee and the Committee on Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe, meetings of heads of monitoring and advisory bodies of the Council of Europe, as well as in meetings with various United Nations bodies and institutions of the European Union.
As an international consultant, I work for human rights projects supported by the Council of Europe and the European Union both inside and outside the Council of Europe area, concentrating on human rights of persons deprived of their liberty and the human rights violations in the context of armed conflicts. I have trained judges, prosecutors and members of national preventive mechanisms in Georgia, Moldova, and Kazakhstan.
At the domestic level, I provide regular trainings on human rights issues for judges of various courts (from the first instance courts to the Supreme Court of Ukraine), prosecutors, members of the National Preventive Mechanism and the Ombudsperson’s office, staff of the Secretariat of the Verkhovna Rada (Parliament) of Ukraine. I have also provided advice on human rights issues to the Children’s Ombudsperson of Ukraine, members of parliament, prosecutor’s office as well as judges.
I have published 91 books and articles, including the following ones:
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I consider my level of language proficiency in French to be sufficient (C1 level according to the Common European Framework of Reference for Languages as established by the results of examination taken during the national selection procedure in 2021).
If elected a judge on the Court, I undertake to resign as member of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment prior to assuming my functions as a judge.
I confirm that I will take up permanent residence in Strasbourg if elected a judge on the Court.
Name, forename: Merezhko, Oleksandr
Sex: male
Date and place of birth : 14 February 1971, Bobrynets, Ukraine
Nationality : Ukraine
Member of the Board of the Ukrainian Fulbright Circle.
People’s deputy (member of parliament) of the Verkhovna Rada of Ukraine.
Member of the Political Council of the Party “Servant of the People”.
NGO “Institute of Direct Democracy”; 2018-2019; Research in the field of direct democracy and its institutions.
18 books and 150 scientific articles.
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Yes, I confirm.
I have vast experience of teaching international law in such countries as: Ukraine, Poland, United States, India, Armenia (Diplomatic School in Yerevan), Azerbaijan (Baku State University).
Yes, I confirm.
Name, forename: Nuridzhanian, Gaiane
Sex: female
Date and place of birth : 19 September 1985, Ternopil region, Ukraine
Nationality : Ukraine
EDUCATION
RESEARCH VISITS
SHORT COURSES AND CERTIFICATES
European Court of Human Rights (Strasbourg, 2008 – 2012)
I worked as a junior lawyer at the Registry of the European Court of Human Rights for four years. My duties involved the following: processing cases brought against Ukraine; maintaining correspondence with the parties to the proceedings; drafting decisions in allegedly inadmissible cases; drafting judgments in cases concerning straightforward violations of the Convention and, under supervision of a senior lawyer, in cases raising complex issues under the Convention.
National University of Kyiv Mohyla Academy, Faculty of Law (January 2020-present)
I work as a senior lecturer at the Department of International and European Law, where I convene and teach the following courses: European Human Rights Law, International Criminal Law and Introduction to U.S. Law. I also run a series of guest lectures called European Human Rights Law Lecture Series designed to allow students to meet and network with practicing international and human rights lawyers.
International Criminal Court (The Hague, March-July 2019)
I worked at the ICC in the capacity of a Legal Professional under the programme funded by the European Commission and designed to provide professional opportunities to legal professionals from countries under investigation or preliminary examination by the ICC. I was one of seven professionals who were chosen among several thousands of applicants to participate in the 2019 edition of the programme.
I worked as an editor for the Case Law Database Project (CLD) attached to the Pre-Trial Section in the ICC’s Judiciary. The Case Law Database is designed to assist internal as well as external audiences of the Court in conducting research on Court’s jurisprudence since its creation. My work consisted in reading and analysing Court's decisions, identifying and extracting relevant pronouncements on legal matters.
University College London (United Kingdom, 2016-2017)
I worked as a teaching fellow at the Faculty of Laws, University College London, where I taught Public International Law at undergraduate level and International Criminal Law at graduate level.
International Advisory Panel on Ukraine, Council of Europe (Kyiv-Strasbourg, 2014-2015)
International Advisory Panel on Ukraine (IAP) is an ad hoc body created at the initiative of the Secretary General of the Council of Europe to review the investigations carried out by the Ukrainian authorities into the violent events on Maidan (Kyiv) between November 2013 and February 2014 as well as of the investigations into the tragic events in Odessa of 2 May 2014. The Panel’s task was to assess compliance of the investigations with the requirements of the European Convention on Human Rights.
I worked as a lawyer for the IAP. My duties within the IAP project consisted in advising the Panel members on relevant issues of Ukrainian domestic law and its compatibility with human rights standards. I assisted the Panel in organising, preparing and holding its fact-finding missions in Ukraine. These missions consisted in meetings and exchanges with investigating authorities (prosecutors, police, security services), other state officials (Ministry of Justice, Ministry of Health, Parliamentary Commissioner for Human Rights, Members of National Parliament), representatives of victims and NGOs. More specifically, I prepared the questions to be put by Panel members to the relevant actors aimed at gathering facts, as well as evaluating the state of the investigation conducted by Ukrainian authorities; drafted briefs on the collected information and prepared reports on further action required for the execution of the Panel’s mandate. Finally, I assisted the Panel in drafting of its two final reports opining on compliance of the investigations into the Maidan and Odessa violence with the ECHR requirements. These IAP reports were cited by the European Court of Human Rights in its following judgments: Polyakh and others v Ukraine, Grubnyk v Ukraine, Lutsenko and Verbytskyy v Ukraine, Shmorgunov and others v Ukraine, Kadura and Smaliy v Ukraine.
Cambridge Pro Bono Project (Cambridge, United Kingdom, 2013-2014)
I worked as a researcher for the Cambridge Pro Bono Project conducting research under a cooperation agreement between the Project and the Inter-American Court of Human Rights.
Hebrew Immigrant Aid Society in Kyiv (Kyiv, 2012-2013)
I worked as a lawyer for the Hebrew Immigrant Society in Kyiv (HIAS), an organisation which provides legal assistance to refugees and asylum seekers. During my time with HIAS, I was involved in preparation and submission of applications on behalf of migrants and asylum seekers to the European Court of Human Rights. More specifically, my tasks consisted in drafting applications, observations, requests for interim measures and other documents in these cases. I was also involved in instructing domestic lawyers, state officials and judges on the application of the ECHR in domestic administrative and judicial practice. Among my duties were also activities related to advocacy such as analysis of domestic legislation related to the protection of migrants and asylum seekers and drafting proposals as to amendment of the relevant legislation in light of ECHR and EU standards.
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For more than ten years now, since 2008, my professional and academic activities, as described in this CV, have been dedicated to human rights.
Between 2008 and 2012, I worked as a lawyer at the Registry of the European Court of Human Rights and, between 2012-2013, as a lawyer providing legal assistance to refugees and asylum seekers in submitting their applications to the European Court of Human Rights.
During 2014-2015, I worked as a lawyer at the International Advisory Panel for Ukraine, a body created by the Secretary General of the Council of Europe to supervise Ukraine’s investigations into the mass violence committed during Euromaidan revolution.
Between 2015 and 2020, I worked on a PhD project researching the principle of ne bis in idem in international criminal law, an area of international law essentially concerned with ensuring criminal responsibility for gravest forms of human rights violations. In 2019, I worked as a Visiting Legal Professional at the International Criminal Court in The Hague.
Finally, since 2020, I have been working at the Department of the International and European Law at the National University of Kyiv Mohyla Academy, where I teach European Human Rights Law, International Criminal Law and Introduction to U.S. Law with particular emphasis on the constitutional rights and freedoms. In addition to academic work, I provide expert advice on human rights issues to domestic and international organisations. For instance, in 2019, I became a co-author of the report on human rights situation in Crimea published by the Regional Centre for Human Rights. In 2020, I coauthored a study on the state of execution of the European Court of Human Rights judgments delivered against Ukraine at the request of Pravo-Justice Project.
N/A
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I confirm that I will take up permanent residence in Strasbourg if elected a judge on the Court.