NGO Transparency International (TI) Ukraine has noted contradictions of several parts of Ukrainian President Petro Poroshenko’s draft law (No. 7440) on creating the High Anti-corruption Court. The draft law was reportedly based on recommendations made by the Venice Commission on October 6, 2017. TI Ukraine has proposed Poroshenko withdraw the draft bill, rework and resubmit it.
“Having studied the provisions of draft law No. 7440, the chapter of the global network has arrived at the conclusion that some of its provisions do not comply with the recommendations of the Venice Commission of October 6, 2017. …Thus, there is good reason to doubt that if draft Law of Ukraine No. 7440 ‘On the High Anti-corruption Court’ is passed, it will provide for independent and unbiased selection of judges and proper functioning of the future High Anti-corruption Court. TI Ukraine urges the President of Ukraine to withdraw draft law No. 7440 and submit an updated one, which would take into account the aforementioned recommendations of the Venice Commission,” a statement posted to TI Ukraine’s website said.
“Firstly, Article 8, Part 4 provides for advisory role of the Public Council of international experts exclusively. Its negative conclusion on a certain candidate for the position of a judge can be ignored by the High Qualification Commission of Judges (HQCJ) of Ukraine – by 11 out of 16 votes of HQCJ members. In contrast, the Venice Commission recommended international organizations and donors be provided with a decisive role in the process of selection of judges. Thus, the transparency of such selection appears questionable,” it said.
“Secondly, the exclusive jurisdiction of the High Anti-corruption Court does not include all crimes under investigative jurisdiction of the NABU [National Anti-corruption Bureau of Ukraine]. At the same time, it is extended to an entire range of crimes under investigative jurisdiction of the National Police of Ukraine and the State Bureau of Investigation. The Venice Commission states clearly in its opinion that the jurisdiction of the court has to correspond to the investigative jurisdiction of the NABU and the SAPO [Specialized Anti-corruption Prosecutor’s Office]. It can keep the High Anti-corruption Court occupied with too many cases,” the statement said.
Thirdly, TI Ukraine says, Article 7, Part 2 of the draft law defines unrealistically high qualification requirements to the candidates for the positions of judges of the High Anti-corruption Court. “For instance, besides work experience as a judge or defense attorney and academic work, the candidate must have significant experience of professional activity in the area of anti-corruption in international intergovernmental organizations or international judicial institutions, possess knowledge and practical skills of application of modern international anti-corruption standards and best international practices in the area of anti-corruption, as well as the practices of the European Court of Human Rights. These requirements narrow down the number of potential candidates to the High Anti-corruption Court significantly, which can be expected to impede the proper selection process,” TI Ukraine said.
As earlier reported, on December 22 Poroshenko’s draft law, titled “On the High Anti-corruption Court” was registered in Ukraine’s Verkhovna Rada. The text of the bill was published on December 26.
Poroshenko’s press service earlier said a group of experts presented Poroshenko the draft law, which took into consideration recommendations of specialists from the Organization for Security and Cooperation in Europe and the Venice Commission.
