Communication | Doc. 14137 | 21 September 2016

Election of judges to the European Court of Human Rights{In accordance with Article 22 of the European Convention on Human Rights.}

List and curricula vitae of candidates submitted by the Government of Georgia

Author(s): Secretary General of the Parliamentary Assembly

1. List and curricula vitae of candidates submitted by the Government of Georgia

Letter from Ms Mariam Maisaia, Deputy Permanent Representative of Georgia to the Council of Europe, to Mr Wojciech Sawicki, Secretary General of the Parliamentary Assembly, dated 26 August 2016

[…]

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:

[…]

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 […]

[…]

Information on national selection procedure for the position of a judge of the European Court of Human Rights

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:

26 candidates were 18-30 years of age;

12 ones were aged 30-40;

6 ones 40-50;

and 3 candidates were aged above 50.

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):

Mr Giorgi BADASHVILI

Mr Aleksandre BARAMIDZE

Ms Eva GOTSIRIDZE

***********************************

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.

Appendix 1 – Giorgi BADASHVILI

(open)

2. CURRICULUM VITAE

I. Personal details

Name, forename: Badashvili, Giorgi

Sex: male

Date and place of birth: 23 July 1980, Tbilisi, Georgia

Nationality: Georgian

II. Education and academic and other qualifications

2009 – Non-degree program in international criminal law. Salzburg Law School, Salzburg University, Austria

2002–2003 – LLM in Comparative Constitutional Law, Central European University, Hungary, Budapest

1999–2000 – International Studies, Roosevelt University, Chicago, USA

1997–2002 – Diploma in Law, International Law Department, Ivane Javakhishvili Tbilisi State University, Georgia

III. Relevant professional activities

a. Description of judicial activities

Since 2005 – up to present – case Lawyer, Registry of the European Court of Human Rights

Among many other duties, the job description consists of the following tasks:

as the senior Georgian case lawyer since 2010, and acting under the instructions of the Registrar and the national judge, monitoring the overall management of applications lodged with the Court against Georgia, identification of urgent and leading applications as well as of other cases important for the development of the country-specific case-law, contributing to the development of working methods aimed at the reduction of the existing backlog of Georgian cases, and so on;

on the instructions of Judge Rapporteurs and the Court in general, drafting notes, draft decisions and judgments; dealing with requests for interim measures under Rule 39 of the Rules of Court;

coaching and supervising less experienced lawyers in the Georgian division of the Registry, participating in the work of in-house working parties on the Court’s activities;

conducting awareness-raising lectures and seminars for various target groups on the Convention-related issues;

acting, under Article 24 § 2 of the Convention, as the non-judicial rapporteur with respect to Georgia since 2012, which duty consists, among other tasks, of checking the quality of notes and submitting them to a Single Judge/Committee, the relevant decision bodies of the Court, for examination.

b. Description of non-judicial legal activities

2004–2005 – Lawyer, Business and Legal Consulting (BLC) Ltd., Tbilisi, Georgia

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.

2003–2004 – Chief Legal Advisor, Administration of the President of Georgia

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.

2003–2004 – Legal Advisor, National Security Council (NSC) to the President 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.

2001–2002 – Freelance legal consultant on refugee and asylum-seekers law in Duisi Community Centre (a joint project of the Norwegian Refugee Council and the United Nations High Commissioner for Refugees), Pankisi Gorge, Georgia

2000–2002 – Assistant Lawyer, American–Georgian Attorneys Ltd., Tbilisi, Georgia

Legal consulting in such areas of expertise as secured transactions, energy law, civil law, administrative- legal issues, foreign investment issues.

c. Description of non-legal professional activities

2001–2002 – Occasional legal columnist for a national newspaper 24 saati (24 Hours), Tbilisi

IV. Activities and experience in the field of human rights

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.

V. Public activities

a. Public office

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).

b. Elected posts

None

c. Posts held in a political party or movement

None

VI. Other activities

None

VII. Publications and other works

None

VIII. Languages

Language	Reading			Writing			Speaking
Language	very good	good	fair	very good	good	fair	very good	good	fair
a. First language:
Georgian (mother tongue)	X			X			X
b. Official languages:
English	X			X			X
French	X				X		X
c. Other languages:
Russian	X			X			X

IX. In the event that you do not meet the level of language proficiency required for the post of judge in an official language [the second], 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.

I confirm this statement.

X. Other relevant information

N/A

XI. Please confirm that you will take up permanent residence in Strasbourg if elected a judge on the Court.

I confirm this statement.

Appendix 2 – Aleksandre BARAMIDZE

(open)

3. CURRICULUM VITAE

I. Personal details

Name, forename: Baramidze, Aleksandre

Sex: male

Date and place of birth: 15 October 1961, Tbilisi, Georgia

Nationality: Georgian

II. Education and academic and other qualifications

St. Andrew Georgian University, 2011-2014, Tbilisi, Georgia

Ph.D Program in International Law

Dissertation: Precedent in European Court of Human Rights (defence pending)

Tbilisi State University, 1998-2002, Tbilisi, Georgia

Department of Law

Center for American and International Law, May-June 2007, Plano, Texas, USA

Academy of American and International Law

Tbilisi State University, 1978-1983, Tbilisi, Georgia

Oriental Studies, History of Middle East

American Bar Association Rule of Law Initiative, October 2010, Tbilisi, Georgia

ToT in Forensics/Expert Witnesses

American Bar Association Rule of Law Initiative, July 2010, Tbilisi, Georgia

ToT in Criminal Procedure Code

American Bar Association Rule of Law Initiative, October 2008, Tbilisi, Georgia

Advocacy Teacher Training

National Institute of Trial Advocacy, June 2006, Louisville, Colorado, USA

Trial Advocacy

American Bar Association European and Eurasian Law Initiative, June 2005, Tbilisi, Georgia

Advanced Trial Advocacy

British Council and Georgian Institute of Public Affairs, October 2003, Tbilisi, Georgia

Training in Human Rights Law

III. Relevant professional activities

a. In Public Office

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

b. In Legal Profession

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.

c. Academic Occupation

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).

IV. Activities and experience in the field of human rights

a. Experience with the Council of Europe Institutions

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.

b. Involvement in Civil Society

ABA/ROLI, Certified Trainer, January 2005–October 2012

Eurasia Partnership Foundation, Legal Expert, December 2009–October 2012

OSGF Legislative Initiative Group, Legal Adviser, November 2010–October 2012

V. Public activities

a. Public office

Please refer to Section III (a)

b. Elected posts

Substitute member of the Venice Commission as of November 2015

c. Posts held in a political party or movement

N/A

VI. Other activities

International Rescue Committee, Inc.

Assistant Office Manager, Translator, July 1994-May 1998

Georgian State TV and Radio

Political Observer, October 1992-January 1994

Georgian State Museum

Junior Research Fellow, January 1986-July 1994

Georgian Center of Archeological Research

Junior Research Fellow, September 1983-December 1985

VII. Publications and other works

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.

a. Publications and reports

Co-author: Violations of the Rights of Chechen Refugees in Georgia: Their Status and a Threat of Deportation or Forcible Return, OSCE Conference, Warsaw, October 2003.

Co-author: Prohibition of torture, inhuman and degrading treatment or punishment in Georgia and compatibility of the Georgian Law with international human rights instruments, in: How to Avoid Torture, Center for Psycho-Social and Medical Rehabilitation of Victims of Torture, Tbilisi, 2004.

Media Regulations in Georgia: Hierarchy of Normative Acts and Problems of Collision, GBA Journal “Profession of Lawyer”, #1, 2009.

Compatibility of the Georgian model of jury trial with the ECHR case law, Report to the Georgian Bar Association Criminal Law Committee, Tbilisi, 2010.

Online Guidelines in Media Law, prepared for the Eurasia Partnership Foundation, 2010.

Legal Implications of the Girgvliani Case, Report to the Georgian Bar Association Criminal Law Committee, Tbilisi, 2011; published in GBA Journal “Advocate”, #1, 2011.

Legal Aspects of Digital Switchover, funded by the Georgian Young Lawyers Association, Tbilisi, 2011.

Must Carry Rules: Analysis of the Law and Practice of American and European Countries, funded by the Georgian Young Lawyers Association, Tbilisi, 2011.

Draft Law on Amendments to the Criminal Procedure Code of Georgia, Georgian Development Research Institute and Georgian Bar Association Criminal Law Committee, Round Table, 2012.

Precedent in Legal Systems of Common Law and European Convention on Human Rights, St. Andrew Georgian University Humanities and Law Department Works, Vol. 6 (to be issued soon).

b. Translations

Isaiah Berlin, Two Concepts of Liberty, in: Anthology of Modern Political Philosophy, Tbilisi, 1997.

Friedrich Hayek, Equality, Value and Merit, in: Anthology of Modern Political Philosophy, Tbilisi, 1997.

R.M. Hare, Utilitarianism, in: Anthology of Modern Political Philosophy, Tbilisi, 1997.

R.M. Hare, Toleration and Fanaticism, in: Anthology of Modern Political Philosophy, Tbilisi, 1997.

John Rawls, The Basic Liberties and Their Priority, in: Anthology of Modern Political Philosophy, Tbilisi, 1997.

VIII. Languages

Language	Reading			Writing			Speaking
Language	very good	good	fair	very good	Good	fair	very good	good	fair
a. First language: Georgian	X			X			X
b. Official languages: English	X			X			X
French
c. Other languages: Russian	X			X			X

IX. 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.

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.

X. Other relevant information

XI. Please confirm that you will take up permanent residence in Strasbourg 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.

Appendix 3 – Eva GOTSIRIDZE

(open)

4. CURRICULUM VITAE

I. Personal details

Name, forename: Gotsiridze, Eva

Sex: female

Date and place of birth: 7 July 1963, Tbilisi

Nationality: Georgian

II. Education and academic and other qualifications

Diploma with first class honours, School of Law, Tbilisi State University (1987);

Academic degree – Candidate of Science (Constitutional Law, Administrative Law); thesis: “Impeachment in the United States (Constitutional Dilemmas)” (1998);

Academic degree – Doctor of International Law, “Magna Cum Laude” distinction, Tbilisi State University; thesis: “Freedom of Expression in the Context of Fair Balance of Conflicting Values” (according to the European Convention on Human Rights and Strasbourg Court Jurisprudence) (2006);

Defense Lawyer Licence through the Professional Bar examination (Criminal law), result: 98 points out of 100. (2010);

Management Courses of TACIS (Tbilisi, 1996);

Scientific internship in the Wayne State University (Michigan, USA, jun.1996- Feb.1997);

Special linguistic training course at the Wayne State University (Michigan, USA, jun.1996- Feb.1997);

International certificates of OSCE, TACIC, ABA, ERA, “The National Centre of State Courts” (USA).

III. Relevant professional activities

a. Description of judicial activities

Positions

Member of the High Council of Justice of Georgia (elected by Parliament of Georgia to fill the sit alloted to academia circles) (Jun. 2013 to present);

Defence lawyer on the cases involving ECHR proceedings, “Legal Bureau of Zaqaria Kutsnashvili” (Oct. 2008 – Jun.2013);

Member of Georgian Bar Association (Aug. 2010 - Jun. 2013);

Adviser to the Supreme Court of Georgia in the European Human Rights Law; (Sept.2005 – Sept. 2008);

Director of the Human Rights Centre of the Supreme Court of Georgia (Apr.2000- Sept.2005);

Member of the Council of Justice of Georgia (elected by the Plenary of the Supreme Court of Georgia) (Sep. 1997- Sept. 2000);

Head of the Department for Unification of Judicial Practice, the Supreme Court of Georgia (Feb.1996 - Mar.1997);

Secretary of the Scientific-advisory Board of the Supreme Court of Georgia (Oct.1992-Mar.1997);

Coordinator of International Relations of the Supreme Court of Georgia (Apr.1994 - Feb.1996);

Senior Adviser to the Supreme Court of Georgia (in criminal and administrative law matters) (Dec.1992 - Feb.1996);

Adviser to the Supreme Court of Georgia (in criminal and administrative law matters) (Nov.1987 - Feb.1996).

Trainings

International Conference - “Stronger Judiciary in Eastern Europe”, Bucharest (Jun. 2015);

Educational Program at the Spanish General Council for the Judiciary, (Madrid) (Sept. 2015);

Study visit at the Dresden Supreme Circuit Court, Dresden (Nov.2014);

Legal training at the California Commission on Judicial Performance”, San-Francisco (Apr. 2013);

Judicial training program organised by Avoués National Chambre of the Courts of Appeal of France, French system of Justice, Paris (Sept. 1999);

World Bank training program on Judicial self-management, New Jersey, Virginia USA (May, 1998);

ABA Judicial training program in Washington DC‚ Chicago, New-York (Dec. 1997);

The International Judicial Conference of the Constitutional and Supreme Courts, Washington DC (Oct.1996);

ABA Judicial training program in Pasadena, USA (Oct. 1996);

OSCE program “In Promoting an Independent Judiciary” Warsow, Poland (Jun.1995).

Author of bills and other legal texts (a selected list)

Co-author of the “Judicial Reform Strategy”, part: “independence and Impartiality of the Judiciary (2016);

Co-author of the 2015 National Plan for the Implementation of Association Agreement between Georgia and European Union; part: “Judicial Reform Strategy and Action Plan” (2015);

Statute “On Criteria and Procedure for Judicial Career”, Tbilisi (2015);

Regulations “On Enlarged Sessions in the High Council of Justice of Georgia” (2014);

Regulations “On Consultative Board of the High Council of Justice of Georgia” (2014);

Statute “On Procedure and Criteria for Judicial Selection and Appointment” (2013);

The Law “On Judicial Disciplinary Responsibility and Disciplinary Proceedings of Georgia” (1999);

The official texts of “The Oath of Judges of Georgia” (1998);

Provision “On Judicial Disciplinary Responsibility and Disciplinary Proceedings of Georgia” (1998);

The Plan of Strategical Development of Judicial Reform: “The Judiciary, Mission; Vision, Values, Goals” (prepared for World Bank) (1998);

“The Code of Judicial Ethics of Georgia” (1998);

Author of the draft Resolutions of the Plenary Supreme Court of Georgia (1992-1997):

- “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

Translation of Recommendations no R (94)12 of the Committee of Ministers to Member States on “Independence, Efficiency and Role of Judges” (2001);

Translation of “European Charter on the Statute for Judges” with the foreword of the former President of the European Court of Human Rights Mr Luzius Wildhaber (2001).

Reports at various international conferences and seminars

“Reforms in the Justice Sector – development strategies, Judiciary, penitentiary and Law enforcement“, EU-Georgia JFS Subcommittee - Bruxels (21 April 2016);

“Current Challenges of Judicial Independence”, Tbilisi (2016);

“Good Practice in the Prevention of and Fight Against Corruption”, Bucharest (2015);

“Grounds for Judicial Discipline and Removal” – San-Francisco (2014);

“Preconditions for Perfection of Justice System in Georgia, Yerevan (2014);

“How to Achieve Fair Balance between Independence and Accountability in the Judiciary”, Tbilisi (2013);

“Independence of the Judiciary - Current Challenges”, Tbilisi, (2013);

“International Standards and Guarantees for Judicial Independence, Tbilisi (2010);

“Objective and Subjective Impartiality”, Tbilisi (2008);

“Reasoned judgment - Criteria for evaluation”, Tbilisi (2004);

“Certain Aspects of Judicial Deontology and Discipline”, Tbilisi (1999);

“The Mission of the Judiciary and Problems of Judicial Reforms”, Tbilisi, (1998).

b. Description of non-judicial legal activities

Professor at the Saint Andrew Georgian University, Constitutional law, Fundamental Rights and freedoms, European Human Rights law, Law of the ECHR, International Instruments of Human Rights Protection (Sept. 2012 to present);

Member of the State Interagency Coordinating Council for Criminal Justice System Reform (Nov. 2013 to present);

Developing and submitting to the official bodies (Parliament, Ministry of Justice, Governmental Constitutional Commission) bills and legal opinions on different legal issues (elimination of the discrimination, reforming the Public Prosecutor’s Office, strengthening Judicial independence guarantees, improvement of impeachment mechanism.) (2013- to present);

Participation in bilateral cooperation program between Georgia and Israel on modern actual legal problems (Criminal Law, Constitutional Law) organised by International Association of lawyers; study visits in Supreme court of Israel, Knesset, Bar Association; Jerusalem, Tel-Aviv, (Israel), (May, 2009);

Legal training at the Academy of European Law; “European Criminal Justice” (Jun.2007);

Scientific internship in the Wayne State University, Michigan, USA (Jun.1996- Feb.1997);

Member of the Governmental Commission4s drafting committee for elaboration of the first Penal Code of Georgia after independence (1994-1997);

Co-author of a number of chapters of the draft Penal Code of Georgia (Crimes against the State; Crimes against Personal liberty, honour and dignity of a person) (1994-1997);

Member of the Editorial Board of the “Martlmsajulebis Matsne” (the Official Herald of Justice of Georgia (1995-1999);

Monograph “The role of Impeachment within the Context of Checks and Balance” (1998);

Educational program in the Institute of Federalism Studies of Hanover (Germany, May,1998);

Lectures at the Wayne State University (Mi, USA) (1997),Tbilisi State University (1998) and the Saint Andrew Georgian University (Sept. 2012 to present);

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);

Commenting on a variety of legal issues on television and radio programs;

Numerous publications on current legal, social, cultural and other questions.

c. Description of non-legal professional activities

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.).

IV. Activities and experience in the field of human rights

National Trainer on Human Rights, The United Nations Development Programme (UNDP) in Georgia, project “Strengthening the System of Parliamentary Democracy in Georgia”, Kobuleti, Georgia (2015);

Developing and submitting to official bodies (Parliament, Ministry of Justice, Governmental Constitutional Commission) bills and legal opinions on different Human Rights issues (2000 to present);

Contractor of the European Court of Human Rights; HRTF translations project (Jul. 2012- Oct.2016);

Defence lawyer on the cases involving ECHR proceedings, “Legal Bureau of Zaqaria Kutsnashvili” (Oct.2008 - Jun.2013);

Member of Georgian Bar Association, Defence lawyer on European Human Rights matters, (Aug.2010 - Jun. 2013);

Experience in the field of preparation (executing) of the applications to the European Court of Human Rights (10 applications), (2009-2013);

Preparation for the judges of the Common Courts conclusions and recommendations on the interpretation and application of ECHR and its Case-Law on the different issues arised before them; (2005- 2008);

Translation of the European Convention on Human Rights with the foreword by former President of ECtHR Mr Luzius Wildhaber (Tbilisi, 2005);

Adviser to the Supreme Court of Georgia in the European Human Rights Law (2005-2008);

Director of the Human Rights Centre of the Supreme Court of Georgia; guidance of the Centre’s activity (2000-2005);

Submission to the Grand Chamber of ECtHR of written comments on application of Art. 14 of the Convention (Discrimination); Case Nachova and Others v. Bulgaria (2005);

Participation in the round table of the ECtHR on the general principles and methods of translation of the ECHR (Strasbourg, 2005);

Participation in Establishment and Organisation of Human Rights Centre at the Supreme Court of Georgia to study, analyse, generalize and disseminate experience of ECtHR and other international courts (1998).

Reports at the International and national conferences (a selected list):

“The 16th Protocol to the ECHR: Doubts and Challenges”, Tbilisi (2015);

“Burden of Proof in Defamation Cases”, Tbilisi, (2015).

“Freedom of Media – Historical Background”, Tbilisi (2015).

“Admisibility Criteria” – Application of the Convention, Tbilisi, (2014)

“Euthanasia and Right to Life of Unborn Child”, Tbilisi, 2014;

“The Right to fair Trial – Strasbourg Court Jurisprudence”, Tbilisi, (2014).

“Freedom of Expression – Obligations and Responsibility of Journalists, Tbilisi (2014);

“Effective Remedy – Art.13 of The ECHR”, Tbilisi, 2010;

“Torture, Unhuman and Degrading Treatment”, Tbilisi, (2009);

“States’ Positive Obligations in Protecting the Right to Life of Prisoners”, Tbilisi, (2008);

Formula -“Offend, Shock or Disturb “Art.10 of The Convention”, Tbilisi, (2007).

“Right to Life According to the European Convention on Human Rights and the Jurisprudence of the Strasbourg Court” (Tbilisi, 2006);

“Right to Life, Positive and Negative Obligations”, (Supreme Court of Georgia, 2006);

“Protection of Human Rights, European Standards”, Tbilisi, (2002).

Pedagogical activity

Lectures at the Saint Andrew Georgian University; courses: Fundamental Rights and Freedoms, European Human Rights law, Law of the ECHR, International Instruments of Human Rights Protection (Sept.2012 to present);

Guidance of different scientific works for a doctor’s degree in the field of human Rights (Discrimination, Right to Life, Balance between the Private and Public interests (Art. 8-11 of the ECHR). (2006 to present).

V. Public activities

a. Public office

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)

b. Elected posts

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

c. Posts held in a political party or movement

I have never been a member of and have never held any position in any political party or movement.

VI. Publications and other works

Published Books:

“Our Constitution, Comments, Fundamental Rights and Freedoms, (Tbilisi, 2015);

“Impeachment in the United States: the Constitutional Dilemmas; (Tbilisi, 2013);

“Commentaries to the Constitution of Georgia, ch.2”, Constcentre, GIZ, (2013);

“Right to Life According to the European Convention on Human Rights and the Jurisprudence of the Strasbourg Court” (Tbilisi, 2006);

“Causation in the European Human Rights Law” (Tbilisi, 2006);

Freedom of Expression within the Context of Fair Balance of Conflicting Values” (Tbilisi, 2006);

“Freedom of Expression in the Constitutional Law of USA and Canada and in the Law of the European Convention (Comparative Analysis)” (Tbilisi, 2004).

Over 100 other works, including:

“The 16th Protocol of ECHR – Developing of the Principle of Subsidiarity or Unjustified Intervention?” J.” Justice and the Law”; Tbilisi, 2015;

“Jurisdiction of the Constitutional Court Should Be Extended Reasonably”, J. “Justice and Law”; Tbilisi, 2015;

“Three-fold Jurisdiction and the Protection of Fundamental Rights in Europe”. “Theory and Practice of Contemporary International Law”. Essays in Honour of Professor Levan Alexidze on the 80th Birthday Anniversary, 2008;

“To be or not to be” – Human Rights Dimensions (Approaching the Euthanasia Dillema); Liber Amicorum Pranas Kuris; Mykolo Romenio Universitetas, 2008;

“Causation: Reflection in the Mirror of the European Convention on Human Rights”, liber amicorum Luzius Wildhaber (Collection of Essays), Engel Verlag (Kehl) 2007. Co.author - M. Ugrekhelidze;

“Life before and After Birth: Within Context of the Approach by the European Court of Human Rights”, J. “Prava Chelaveka” (“Human Rights”) N1(10), January 2007. Moskow;

“Expression, that is not protected by the Art. 10 of the Convention, Collection “European Human Rights standards and their influence on the Georgian legislation and Practice”, Tbilisi,2006;

“The Doctrine of “Margin of Appreciation” According to the Jurisprudence of the European Court of Human Rights”, J. “Adamiani da Konstitutsia” (“A Human Being and the Constitution”), Tbilisi, 2006, N4;

“Zur Beweislast bei Verleumdung im georgischen Zivilprozess”, J. Osteuropa Reghts, N3-4\2005. BWV. Berliner Wissenschafts-Verlag;

“Protection of Human Rights: Balanace of Interests and Proportionality of the Measures”; Review of the book: Protecting Human Rights: The European Perspective, Studies in Memory of Rolv Ryssdal, J. “Samartaly” (“Law”), Tbilisi, 2001, N12;

“Whether “Due Process of Law” is Applicable to Impeachment”. J. “Adamiani da Konstitutsia” (“A Human being and the Constitution”), 1997. N2. Tbilisi.

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:

“European Court of Human Rights, Judgments of Grand Chamber” (10 cases, full translations), Tbilisi, (2016);

“Freedom of Expression in the Law of the European Convention on Human Rights (50 cases) (Tbilisi, 2006);

“Cumpǎnǎ and Mazǎre v. Romania”, full translation, with analysis and evaluation) (Tbilisi, 2005);

“European Human Rights Law (82 cases) (Tbilisi, 2005);

“European Human Rights Law (20 cases) (Tbilisi, 2002);

“Review of the Case-Law of the European Court of Human Rights” (41 cases) (Tbilisi, 2001).

VIII. Languages

Language	Reading			Writing			Speaking
Language	very good	good	fair	very good	good	fair	very good	good	fair
a. First language:
Georgian	X			X			X
b. Official languages:
English	X			X			X
French		X				X		X
c. Other languages:
Russian	X			X			X

IX. In the event that you do not meet the level of language proficiency required for the post of judge in an official language [the second], 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.

I do confirm.

X. Other relevant information

XI. Please confirm that you will take up permanent residence in Strasbourg if elected a judge on the Court.

I do confirm.