[Grem] Fwd: ECHR: Conflicts of Interest Between Judges & NGOs

Sonja Lazar sonja1lazar at gmail.com
2020. Feb. 21., P, 12:18:01 CET


---------- Forwarded message ---------
From: ECLJ - European Centre for Law and Justice <secretariat at eclj.org>
Date: Fri, 21 Feb 2020 at 11:47
Subject: ECHR: Conflicts of Interest Between Judges & NGOs
To: <sonja1lazar at gmail.com>


We never imagined the troubling discoveries we would make...




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*Non-governmental Organizations and the Judges of the European Court of
Human Rights (2009 -2019)*

When we looked more closely at the background of the judges of the European
Court of Human Rights, we never imagined the troubling discoveries we would
make.

After a 6 month investigation, we are releasing an important report
<https://eclj.us10.list-manage.com/track/click?u=567507fce24ff5f4d84cc3e33&id=c2b1b8f209&e=97afa89bd6>
outlining the extent of the relationship between NGOs and ECHR judges, and
the resulting problems and conflicts of interest.

We have identified seven NGOs that are both active at the Court, and have
judges among their former staff. At least 22 of the 100 judges who have
served since 2009 are former staff or leaders of these seven NGOs.

Among these, the Open Society Network stands out for the number of judges
linked to it (12) and for the fact that it actually funds the other six
organisations identified in this report.

The powerful presence of the Open Society and its affiliates is problematic
in many ways. But even more serious is the fact that 18 of the 22 judges
were found to have served on cases initiated or supported by the
organization with which they were previously associated.

We have identified 88 problematic cases over the last 10 years. In only 12
cases have judges abstained from sitting because of their connection with
an NGO involved.
And this is a low assessment that does not even take into account the close
financial links between NGOs. For example, we did not identify all cases
involving other NGOs funded by the Open Society Foundation, nor did we
identify all cases in which a judge from an NGO funded by OSF ruled in
cases in which that foundation acted.

This situation is serious, and calls into question the independence of the
Court and the impartiality of the judges. These conflicts must be remedied
immediately.

Our report makes proposals to that end. In particular, greater attention
should be paid to the choice of candidates for the post of judge by
avoiding the appointment of activists and campaigners. The report also
makes proposals to ensure transparency of interests and links between
applicants, judges and NGOs, and to formalise withdrawal procedures.
Read the full report of the ECLJ: NGOs and Judges of the ECHR 2009-2019
<https://eclj.us10.list-manage.com/track/click?u=567507fce24ff5f4d84cc3e33&id=767f0cf866&e=97afa89bd6>

(The appendices are available here
<https://eclj.us10.list-manage.com/track/click?u=567507fce24ff5f4d84cc3e33&id=0400734299&e=97afa89bd6>
)

Conscious of the value of the human rights protection system in Europe, the
ECLJ hopes that this report will be received as a positive contribution to
the better functioning of the Court.

As a follow-up to this report, the ECLJ has decided to formally refer the
matter to the Parliamentary Assembly of the Council of Europe in accordance
with Rule 67 of its Rules of Procedure, which provides for an effective
petitions procedure. We invite you to join our petition
<https://eclj.us10.list-manage.com/track/click?u=567507fce24ff5f4d84cc3e33&id=6ecccec1f9&e=97afa89bd6>
.

This Assembly is in charge of the election of judges, has a power of
investigation and can make recommendations to the representatives of the 47
States Parties to the European Convention on Human Rights, to whom we have
also addressed this report.

We need your support to protect the independence of the European Court and
the impartiality of its judges.
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Sign our Petition: Putting an end to conflicts of interest at the ECHR
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The European Centre for Law and Justice is an international,
Non-Governmental Organization created in 1998 and dedicated to the
promotion and protection of human rights in Europe and worldwide.
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