HQCJ received a list of 12 candidates for the Public Council of International Experts from international organizations
Five international organizations provided the HQCJ with information on 12 candidates to be elected to the Public Council of International Experts (PCIE) who will assist the Commission in conducting the competitive selection of judges to the High Anti-Corruption Court (HACC).
The official list of experts recommended by international organizations for appointment to the PCIE has been received by the Commission from the Ministry of Foreign Affairs of Ukraine.
Candidates were recommended by the Council of Europe, the European Union, the European Anti-Fraud Office (OLAF), the European Bank for Reconstruction and Development (EBRD), the Organization for Economic Cooperation and Development (OECD).
Among other things, the experts nominated have experience in working as judges, lawyers, prosecutors and mixed work experience in the United States, Canada, the United Kingdom, Denmark, Spain, Italy, Lithuania, Guatemala, Macedonia.
It is stated in the official letter from international organizations that “We have selected these candidates with a view to maintaining a good balance between adjudicating and prosecutorial experience while ensuring a diverse geographical background”.
In response to the request of the HQCJ to nominate best experts out of who to choose the professional composition of the PCIE, representatives of international organizations informed that the candidates nominated meet all the criteria and requirements stipulated in the Law of Ukraine “On the High Anti-Corruption Court”, have significant experience in maintaining public prosecution and / or administering justice in corruption-related cases. Furthermore, they have impeccable business reputation, high professional and moral qualities, authority in society and have not held political offices in the last ten years.
It should be recalled that Article 9 of the Law of Ukraine “On the High Anti-Corruption Court” sets forth clear criteria to be met by a candidate to the PCIE: to have impeccable business reputation, high professional and moral qualities, public authority, experience in other countries for at least five years in the exercise of procedural guidance, the maintenance of public prosecution in court or the execution of justice in corruption-related cases.
It is these criteria by which the HQCJ will be guided in choosing six members of the PCIE from the twelve nominated who will work for two years in the PCIE.
“On the part of the HQCJ, the maximum transparent procedure of selection will be ensured as our goal is to have experienced professionals in the PCIE who will be able to work efficiently during complex competitive procedures,” said Mr. Sergii Koziakov, Chairman of the Commission.
Representatives of international organizations further assured the HQCJ that they will continue to support judicial reform in Ukraine. The signatories from international institutions stated: “We take this opportunity to assure you of our continued support to the judicial reforms in Ukraine and express our appreciation for the work undertaken by the High Qualification Commission of Judges of Ukraine in this regard”.
It should be recalled that in July 2018, with the support of the Ministry of Foreign Affairs of Ukraine, the HQCJ sent invitations to 15 international organizations officially cooperating with Ukraine regarding the nomination of candidates to be appointed to the Public Council of International Experts. At present, the Commission will select 6 members of the PCIE out of 12 experts nominated by international organizations for a period of 2 years. The purpose of establishing the Council is to assist the Commission in conducting the competition to the High Anti-Corruption Court by assessing integrity.
List of candidates for the Public Council of International Experts:
- CASTRESANA FERNANDEZ, Carlos – Head of the Criminal Law Department at law firm Estudio Jurídico Ejaso. Experience as prosecutor / judge / lawyer, specialisation in economic criminal law, corruption and human rights. Former head of the International Commission against Impunity in Guatemala established by the United Nations. Member of the International Anti-Corruption Advisory Board in Ukraine.
- CORDY, Robert J. – Retired judge of Massachusetts Supreme Judicial Court. Experience as prosecutor and judge, specialisation in anti-corruption and ethics laws. Member of the State Ethics Commission and former Chief of the federal Public Corruption Unit. Promoted judicial ethics and rule of law in work with judges from numerous countries, including Ukraine. Lecturer in criminal law at Harvard Law School.
- DENKER, Flemming C. – Retired Deputy State Prosecutor in the Office for Serious Economic Crime. Experience as prosecutor / lawyer, specialisation in corruption and economic crimes. Past member of GRECO, the Multidisciplinary Group on Corruption at the Council of Europe and the Implementation Review Group monitoring the implementation of the United Nations Convention against Corruption.
- ESCOBAR MEJIA, Claudia– Former appeal court judge. Experience as judge, specialisation in integrity and corruption-related matters. Resigned after exposing attempted corruption in the judicial appointment process. Active in promoting the rule of law and combating corruption through the independence of the judiciary. Awarded National Endowment for Democracy’s “Democracy Award” for her commitment to the fight against corruption and support of human rights.
- FIRESTONE, Thomas – Lawyer at Baker & McKenzie LLP. Experience as prosecutor / lawyer, specialisation in corruption and organised crime cases. Specific expertise in cases including Eastern Europe and Russia. Served on the commission to select the Head of the Ukrainian Asset Recovery and Management Office and as resident legal representative in the U.S. Embassy in Moscow, fluent in Russian. (*Baker & McKenzie LLP Kyiv’s office has confirmed that it does not see any conflict with any work that it is doing in Ukraine and Mr. Firestone’s possible role on the PCIE.)
- GUTAUSKAS, Aurelijus – Judge at the Supreme Court. Experience as judge, specialisation in criminal law, organised crime and judicial ethics and discipline. Chairman of the criminal cases division and the Judicial Ethics and Discipline Commission. Expert member of MONEYVAL and GRECO, previously member of the candidates' examination commission under the Prosecutor General. Fluent in Russian.
- HARRIS, Lorna – Retired U.K. Prosecutor. Specialisation in combating corruption, money laundering and fraud, including at international level. Former Head of the International Co-operation Unit and the Civil Recovery Unit within the Crown Office. Previously worked at the Serious Fraud Office and Procurator Fiscal Service and chaired the committee of experts that drafted the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism.
- HOOPER, Sir Anthony – Retired appeal court judge. Experience as judge, specialisation in civil and criminal asset recovery, including related to proceeds of corruption. Sat in the Court of Appeal Criminal and Civil Divisions of England and Wales. Worked as appointee of the Ethics Commission of the International Association of Athletic Federations. Trained judges on preservation and confiscation of proceeds of crime and corruption.
- KESSLER, Giovanni – Former Head of the Italian Customs and Monopoly Agency. Experience as prosecutor, specialisation in fraud and corruption. Former Director-General of the European Anti-Fraud Office. Member of the selection panel for the head of the National Anti-Corruption Bureau of Ukraine, member of the International Anti-Corruption Advisory Board of Ukraine.
- LAZAROVA TRAJKOVSKA, Mirjana – Former President of the First Section of the European Court of Human Rights. Experience as judge, specialisation in human rights, constitutional issues and corruption-related cases. Former Constitutional Court judge and member of the Venice Commission. At the ECHR, for three years acted as a single judge for Ukraine. Previously President of the State Election Commission.
- TRUSSLER, Marguerite J. – Ethics Commissioner for the Province of Alberta, Canada. Experience as judge / lawyer, specialisation in criminal law, ethics, fraud and corruption. Previously Justice of the Court of Queen's Bench. Assessing integrity, conflict of interest and preventing corruption by public officials.
- ZARZECZNY, Ted – Judge of the Court of Queen’s Bench for Saskatchewan, Canada. Experience as judge / prosecutor / lawyer, specialisation in criminal and civil corruption, fraud and criminal conspiracy cases. Previously criminal Crown prosecutor. Participated in a judicial education project in Ukraine. Served as co-chair of the Law Society Discipline Committee responsible for enforcing lawyer compliance with the Code of Professional Conduct and ethical standards.
