Doc. 9283

20 November 2001

Election of a judge to the European Court of Human Rights on behalf of Georgia

(in accordance with Article 23, paragraph 1, of the European Convention on Human Rights)

Communication from the Committee of Ministers

Letter from the Deputy Secretary General of the Council of Europe to the President of the Parliamentary Assembly, dated 15 November 2001

Dear President,

      Pursuant to the decisions of the Ministers’ Deputies a copy of which I enclose, I have the honour to transmit to you the list of candidates for the post of Judge of the European Court of Human Rights in respect of Georgia.

      In the course of their informal exchange of views concerning this list, the Deputies were informed that the presentation of candidates reflects the order of preference on the part of the government of Georgia.

Yours sincerely,

Signed:

Hans Christian KRÜGER

Deputy Secretary General

Decision of the Ministers' Deputies

772nd meeting – 14 November 2001

Item 4.4

European Court of Human Rights

Nomination of candidates for the election of a judge

(CM(2001)177)

Decisions

The Deputies

1.       took note of the candidatures for election of a judge of the European Court of Human Rights, presented in respect of Georgia;

2.       agreed to transmit the list of candidates to the President of the Parliamentary Assembly.

TRANSLATION

PERMANENT REPRESENTATION OF GEORGIA TO THE COUNCIL OF EUROPE

Strasbourg, 8 November 2001

Director General,

We have the honour to transmit to you the list of three candidates which the Georgian authorities wish to present for the post of judge to the European Court of Human Rights in respect of Georgia.

M. Mindia UGREKHELIDZE – Judge of the European Court of Human Rights

M. Téimuraz BAKRADZE - Director, International Law Department, M.F.A of Georgia

M. Lévan GORKHELASHVILI- Advocate, Member of the Georgian Bar Collegium

Please also find enclosed the curricula vitae of the three candidates.

Yours faithfully,

Lana GOGOBERIDZE

Permanent Representative

M. Pierre-Henry IMBERT

Director General

DG Il – Human Rights

Council of Europe

Mindia UGREKHELIDZE

Curriculum Vitae

I. PERSONAL DETAILS

Name, forename:        UGREKHELIDZE, Mindia

Sex:        Male

Date and place of birth:        19 May 1942, Kutaissi, Georgia

Nationality:        Georgian

II. EDUCATION AND ACADEMIC AND OTHER QUALIFICATIONS

- Diploma of the Tbilissi State University (1963);

- Doctor of Law; Cand. Sci (Laws) thesis: "Rationale of Criminal Carelessness" (1974);

- Prize of the Academy of Sciences of Georgia awarded for the study "Towards the Psychological

Nature of Negligence" (1974);

- Highest judge title (1991);

- Special linguistic training courses of Goethe Institute in Freiburg, Germany (1995) and Berlitz School in Strasbourg (1999-2001);

- Grant of Max-Planck International Society, Freiburg, Germany (1995) ;

- Professor of Law (1998)

- Order of Merits of Georgia (1999)

III. RELEVANT PROFESSIONAL ACTIVITIES

a. Judicial activities

- Secretary of the Scientific-advisory Board of the Supreme Court of Georgia (1965-1983);

- Chairman of the Supreme Court of Georgia (1990-1999);

- ABA Judicial Education Programs in the USA (1991, 1994, 1996);

- International Conferences of the Chairmen of Constitutional and Supreme Courts (1993-2000);

- Colloquium on the implementation of the 11th Protocol on the European Court of Human Rights,

Potsdam, Germany (1997);

- 3rd International Conference of Refugee Law Judges, Ottawa, Canada (1998);

- Judicial training programme organised by Avoués National Chambre of the Courts of Appeal of France, Paris (1999)

- Judge of the European Court of Human Rights (1999-2001);

-4 th International Conference of Refugee Law Judges, Bern, Switzerland (2000);

- Publication of Resolutions of the Plenum of the Supreme Court of Georgia:

      "On Presumption of Innocence and Rights of Defence...." (1992);

      "On Victim's Rights in Criminal Proceedings" (1992);

      "On Judicial Sentences" (1994);

      "On Investors' Activities" (1999);

--       Translation and publication of Recommendation no. R(94) 12 of the Committee of Ministers to Member States on "Independence, Efficiency and Role of Judges" (1999);

--       Translation and publication of the "European Charter on the Statute for Judges" (1999);

--       Member of the International Association of Refugee Law Judges (1998 - present)

b. Non-judicial legal activities

-        Junior research fellow at the Economics and Law Institute of the Academy of Sciences of Georgia (1963-1974);

-        Senior Research Fellow at the Economics and Law Institute of the Academy of Sciences of Georgia (1974-1976);

-        Assistant Professor of the Criminal Law Chair at Thilissi State University (1976-1999);

-       Head of the Modern Law Chair at Technical University of Georgia (1995-1999);

-        Participation in elaboration of the Model Penal Code of Russia (1985-1987);

-        Scientific internship in the Max-Planck-Institute for Foreign and International Criminal Law, Freiburg, Germany (1995);

-        XV International Congress of Penal Law, Rio de Janeiro, Brazil (1994); -International Conference on Prevention of Corruption, Rome (1996);

-       II International Conference on Refugee and Asylum Law, Nijmegen, Netherlands (1997);

-        Conference on Reflection of Norms of Humanitarian Law in National Legislation, Geneva Switzerland (1997);

-       Member of the Editorial Board of the "Journal of International Law", published by Thilissi State University (2001)

c. Non-legal professional activities

- Deputy manager of the Science and Educational Department (1983 -1986);

- Pro-Rector at Tbilissi Technical University (1986-1988);

- Editor-in-Chief of daily newspaper Akhali Sakartvelo ("New Georgia") (1988-1990);

- Member of the editorial board of the Georgian Encyclopaedia (1994-present).

IV. ACTIVITIES AND EXPERIENCE IN THE FIELD OF HUMAN RIGHTS

- Establishment and organisation of Human Rights Centre at the Supreme Court of Georgia with the purpose of study, analysis, generalisation and dissemination of experience of the new European Court of human Rights and other international courts (1998);

- Publication of Georgian translation of the Constitution of the USA (1993);

- Publication of the book "The Challenge of Democracy..." by K. Janda, J.M. Berry and J. Goldman (1995);

- Translation and publication of America's Declaration of Independence (1996);

Translation and publication of textbook "The Art of Compromise: A System of Government by Those Governed" (1997);

- Lectures at Thilissi State University, law and international law faculties (since 1976);

- Lectures at Georgetown University Law School in Washington, DC, and Passau, Germany (1994-1996);

- Commenting different issues of human rights protection on television and radio programs (regularly);

- International Conference on Protection of Human Rights, Syracuse, Italy (199 1);

- As a Judge of the European Court of Human Rights, sworn in 1999, has participated in examining of over 2300 cases and was assigned as Principal Rapporteur in about 900 (585 - finished);

- Establishing Georgian library of ECHR case-law (reviews of judgements) (2001).

V. PUBLIC ACTIVITIES

a. Public office

Deputy manager of the Science and Education Department (1983-1986);

Member of the State Constitutional Committee (1993-1995);

Head of Judicial subcommittee (1993-1995);

Official visit to the UK, organised by HM Government (1993);

Co-chairman of the Governmental Commission of Judicial Reform (1994-1997);

Co-chairman of the Drafting Committee on new Penal Code of Georgia (1995-1999);

Member of the Council of Justice of Georgia (ex officio) (1997-1999)

Expertise of draft Constitution of Georgia, Chicago, USA (1994);

Expertise of draft Penal and Procedural Code of Georgia, Leiden, the Netherlands (1997)

b. Elected posts

- Deputy of the Supreme Council (Parliament) of the Republic of Georgia (1990);

- Chairman of the Supreme Court of Georgia (1990-1999);

- Head of the Georgian national group of the International Association of Criminal Law (1996);

- Judge of the European Court of Human Rights (1999-present).

c. Posts held in a Political Party or movement

-

VI. OTHER ACTIVITIES

-

VII. PUBLICATION AND OTHER WORKS

Over 100 published and other works

Défense des droits de l'homme: normes européennes et la Constitution de la République Géorgienne. Protection de droits de l'homme: la perspective européenne. Melanges à la memoire de Rolv Ryssdal, 2000, p. 1463;

- New democracies: how should they settle in the European wide legal space? Samartaly ("Law journal"), 2001, no.6;

- Rationale of Criminal Carelessness (monograph), Metsniereba, Tbilissi, 1976;

- El abondono criminal en pelegro y la culpaen las delictos sin resulto, XI congres international de derecho. Comparada, Caracas, 1982;

- Criminal Code: attempt of theoretical modelling (monograph). Co-authors: Anashkin, Borodin and others. Naouka (Science), Moscow, 1987;

- International Criminal Court. Martlmsajulebis matsne ("Herald of Justice"), 1997, No. 2-, pp. 8-26;

- Die Bedeutung des Schuldgehalts der Tat im Strafrecht. Zweites Deutsch- Sowjetisches Kolloquium über Strafrecht und Kriminologie. Nomos Verlags-Gesellschaft, Baden-Baden, 1984, No.2;

- Standard of negligence in British-American criminal law. Sabchota samartali, 1967, No.4, pp. 67-82;

- Prestupna nieumyslnoc jako blad zawiniony (analiz psaichologichna). Studia Prawnicze, 1980, no.4 (66);

- Atomic law. Encyclopaedia of Georgia, 1975, vol. 1;

- Liability for the Destruction of Historical and Cultural Monuments, Sabchota samartali, 1981, No.4

- Les biorythmes et la planification des mesures de précaution. Travaux du Colloque de politique criminelle et de défense sociale. Paris, 1984;

- Theory of the Probabilistic Causal Nexus Stands in the Need of Revision. Sovetskoye gosudarstvo

i pravo (Soviet State and Law), 1974, No.5, p.90

VIII. LANGUAGES

Language

Reading

Writing

Speaking

 

V.

good

fair

V.

good

fair

V.

good

fair

 

good

    

good

    

good

    

a. Mother tongue:

                  

- Georgian

X

    

X

    

X

    

b. Official languages:

                  

- English

X

    

X

    

X

    

-French

  

X

      

X

    

X

c. Other languages:

                  

- Russian

X

    

X

    

X

    

- German

  

X

    

X

      

X

IX. OTHER RELEVANT INFORMATION

X. Please confirm that you will take up permanent residence in Strasbourg if elected a Judge of the Court

I have already been living in Strasbourg and 1 confirm that 1 will continue residing there if re-elected a Judge of the ECHR.

Teimuraz BAKRADZE

Curriculum vitae

DATE OF BIRTH

PLACE OF BIRTH

MARITAL STATUS

NATIONALITY

EDUCATION AND

ACADEMIC AND

OTHER QUALIFICATIONS

1967-1972

1977-1981

PROFESSIONAL

ACTIVITIES

2000-present

1997-2000

5 February 1950

Tbilisi, Georgia

Married, two children

Georgian

Tbilisi State University, Faculty of Law Diploma

Institute of State and Law of the Academy of Sciences of the Former USSR, Moscow Post-graduate Student Ph.D in International Law

Director, International Law Department, M.F.A of Georgia. Chairman, Scientific-Consultative Council on International Legal Issues Appointed legal expert to the Council of Europe's Ad Hoc Committee of Legal advisers on Public International Law (CAHDI).

Permanent Mission of Georgia to UN Office and other International Organizations at Geneva. Minister Plenipotentiary. Primary responsibilities included collaboration with the UN Office of High Commissioner for

Human Rights and ILC (International Law Commission).

Responsible for communication with the Special Rapporteurs on the Question of Torture and on Independence of Judges and Lawyers of the Commission on Human Rights.

1993-1997

1991-1992

1981-1991

1972-1977

TRAINING

1990

Deputy Head of Delegation of Georgia, 54 th , 55 th and 56th Sessions of the UNHCR, Geneva, 1998, 1999,2000.

Candidate for the election of Judge from Georgia to the ECHR

MINISTRY OF FOREIGN AFFAIRS, Tbilisi Director, International Law Department.

Responsibilities included supervision over the legal analysis of International Treaties; preparation for the accession to UN, European and other International Conventions, etc.

Mediated 5 seminars and workshops in Georgia under auspices of the Council of Europe on the relevant topics.

Guest-Representative, Steering Committee on Human Rights (CDDH) of the Council of Europe, 1996, 1997.

The concept drafter for the UNHCR's Project for the Government of Georgia on Strengthening Capacities and Infrastructures for the promotion and protection of human rights (GEO/95/AHB/13).

STATE COMMITTEE OF FOREIGN ECONOMIC RELATIONS OF GEORGIA, Tbilisi

Head, International Law Department.

Prosecutor, Prosecutors Office of Georgia.

Deputy Head, Judicial Organs Department, Ministry of Justice of Georgia.

Judge on criminal cases of first instance, Municipal Court of Georgia.

Judge on criminal cases of casation instance, Supreme Court of Georgia.

TBILISI STATE UNIVERSITY, Tbilisi, Georgia

Assistant to the Rector of the University.

High Courses for Lawyers, Reno, Nevada, USA

Certificate

1992

1994

1996

1997

SELECTED HONOURS

CENTRAL EUROPEAN       UNIVERSITY,

Budapest

Certificate

Salzburg Summer School of International Relations, Austria

Certificate

INTERNATIONAL LAW INSTITUT

Washington DC, USA

Certificate

Courses on International Commercial Law, Osaka, Japan

Certificate

Awarded the degree of Docent (Senior Lecturer) of Jurisprudence. Georgian Nominee for OSCE Procedure for Peaceful Settlement of Disputes. Senior Lecturer of Law Faculty, Tbilisi State University.

LANGUAGES

Language

Reading

Writing

Speaking

 

V.

good

Fair

v.

good

fair

V.

good

fair

 

good

    

good

    

good

    

a. Mother tongue

X

    

X

    

X

    

-Georgian

                  

b. Official Language:

X

    

X

    

X

    

-English

                  

C. Other languages

X

    

X

    

X

    

-Russian

                  

PUBLICATIONS        Author of numerous publications on International Law and Human Rights (available upon request in Russian and Georgian).

OTHER RELEVANT INFORMATION

Please confirm that you will take up permanent residence in Strasbourg if elected a Judge of the Court

If elected a Judge to the ECHR, 1 will take up permanent residence in Strasbourg, France.

(signed)

Levan GORKHELASHVILI

Curriculum vitae

FIRST NAME        Levan

LAST NAME        Gorkhelashvili

SEX        Male

DATE OF BIRTH       13 October 1954

PLACE OF BIRTH        City of Gurjaani, Georgia

MARITAL STATUS        Married

NATIONALITY        Georgian

EDUCATION AND ACADEMIC AND OTHER QUALIFICATIONS

1975-1980        Tbilisi State University, Faculty of Law Diploma

PROFESSIONAL ACTIVITIES

1994-present        Advocate, Member of the Georgian Bar Collegium

1980-1994        Head of the Subdivision, State Security Committee of Georgia

LANGUAGES       Georgian (first language), French and Russian (fluent).

PUBLICATIONS        Number of publications on International Law and Criminal Law (available upon request in Georgian).

I confirm that in case of my election as a Judge to the European Court of Human Rights, I will reside in Strasbourg, France

(signed)