The results of the practical examinations of candidates for the High Anti-Corruption Court will be announced on Dec. 20 or later, Andriy Kozlov, a member of the High Qualification Commission of Judges, said at a press breakfast on Dec. 6.
This means that the Public Council of International Experts (PCIE), a foreign expert panel intended to help in the selection of anti-corruption judges, will have to assess the candidates in a 30-day period starting from Dec. 20, throughout the Christmas holiday season. Anti-corruption activists have argued that such a schedule could obstruct the PCIE’s work.
Kozlov also said that the High Qualification Commission had already transferred candidates’ practical assignments to the council.
Interviews with candidates for the anti-corruption court are expected to begin on Jan. 8, Kozlov said.
The commission has asked candidates to give the PCIE access to their personal data, Kozlov said. If they do not give permission, the PCIE will not get it, he added.
Kozlov argued that candidates who don’t give such permission should be blocked automatically.
Ex-Public Integrity Council coordinator Vitaly Tytych argued, however, that the PCIE has a right to access candidates’ personal data under the law regardless of candidates’ written permission.
The council’s six members arrived in Ukraine in November. Earlier, the High Qualification Commission rejected council several PCIE nominees whose anti-corruption record and knowledge of Ukraine were well-known. Instead, the commission appointed little-known candidates whose ability to ensure the selection of a genuinely independent court is unclear.
One of the risks is that the PCIE will veto only a few candidates and allow the High Qualification Commission to appoint a politically dependent court, ex-Public Integrity Council coordinator Vitaly Tytych said. To resolve this problem, the PCIE should veto all candidates except for those with the best experience, skills and integrity, he argued.
Vetting
Kozlov and Kateryna Butko from the AutoMaidan anti-corruption watchdog also commented at the press breakfast on the ongoing qualification assessment, or vetting, of judges.
Out of the 2,038 judges assessed, only 119 judges, or 5.8 percent, have been found not worthy to hold a judicial job, Butko said.
However, not a single one of the 119 has yet been formally fired by the High Council of Justice, and it’s not clear how many of them will actually be dismissed, according to Butko and Kozlov.
A total of 1,610 judges, or 79 percent, have successfully passed qualification assessments, Butko added. Additionally, the commission has delayed or suspended the assessment of 239 judges.
Out of the 127 judges accused of unlawfully trying EuroMaidan activists, a mere 12, or 9 percent, have been found to be not worthy of holding a judicial job, Butko said. A total of 63 judges, or 50 percent of the judges accused of unlawfully trying EuroMaidan activists, have successfully passed vetting, while the commission has delayed the assessment of 50 judges.
Test controversy
Meanwhile, candidates for the High Anti-Corruption Court and the Supreme Court took legal knowledge tests on Nov. 12. Some controversial and politically connected candidates ended up at the top of the ranking.
However, some of the test questions had more than one correct answer, Kozlov, Tytych and Judge Mykhailo Slobodin said. Thus the commission had an opportunity to promote some candidates by telling them which answers it deems right, according to Tytych, who was a candidate for the Supreme Court but did not pass through to the next stage.
He said that he had requested his test results from the High Qualification Commission, and – if the commission refuses to submit them – it would be the ultimate proof of manipulation. He said the commission had missed the 5-day deadline for sending the test results to him.
The commission has denied accusations of manipulating the test results.
