HOT ANTICORRUPTION NEWS / Issue #125
November 22, 2019
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Today's issue:
- the High Council of Justice and the Council of Judges try to block the judicial reform;
- anti-corruption experts: Trust in Ukraine’s judiciary remains low;
- update on the selection of new NACP Head;
- six years since the start of the Revolution of Dignity;
- save the date: discussion on Ukraine's reform progress in Brussels on December 2;
- recommended reading
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The High Council of Justice and the Council of Judges try to block the judicial reform
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On November 7, amendments to the Law “On Judiciary and Status of Judges” initiated by the President came into force. The amendments foresee full restart of the High Qualification Commission of Judges of Ukraine (HQCJ) and create the effective tool for cleaning the High Council of Justice (HCJ).
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However, the judicial reform is now under threat because of the HCJ itself. The latter delays the implementation of the law.
Anti-corruption Action Centre, Automaidan, and Foundation DEJURE warn the HCJ against deliberate blocking the process of creation of Ethics and Competition Committees and demand that it promptly fulfils its obligations prescribed by law. See the full statement here.
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On November 22, the Council of Judges blocked the election of members of the selection panel, which is to elect the members of the High Qualifications Commission of Judges of Ukraine (HQCJ). Judges have refused to even consider delegating candidates to the panel.
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Some members of the Council of Judges have tried to find a pretext that their decision to delegate members to the selection panel is somehow related to the launch of the competition to the HQCJ. However, the law only provides for a general deadline, February 7, 2020, when the new HQCJ is due to be operational. Thus, the reluctance of Council of Judges to appoint the members of the selection panel has nothing to do with legal limitations - it is fully due to their unwillingness to do their job and ensure cleansing of the tainted judicial governance bodies. More on the meeting of the Council of Justice here.
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Anti-corruption experts: Trust in Ukraine’s judiciary remains low
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In recent Kyivpost op-ed, Halyna Chyzhyk, Mykhailo Zhernakov, Roman Maselko, and Olena Halushka suggest their take on the reasons of record low trust of society towards the judiciary. For instance, June 2019 poll from the Democratic Initiatives Fund found that nearly 62% of respondents do not trust the Supreme Court at all.
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Just 20% said they trust it somewhat, and only 3% have complete trust in the body.
Experts believe that the main reason of such situation is a failure to implement the judiciary reform during last four years. The competition for new judges was never properly held, and judges with questionable reputations and integrity not only continued to submit rulings, but also completely took over judicial institutions, including the Supreme Court.
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Update on the selection of new NACP Head
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On November, 25, the selection panel of new NACP Head will hold their meeting. The candidates for the position have already submitted their applications.
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So far, there are 32 candidates. At this meeting, the selection panel will decide on the eligibility of the candidates.
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Six years since the start of the Revolution of Dignity
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November, 21 marks the sixth anniversary of the Euromaidan protests and the Revolution of Dignity. Six years ago we have proved ourselves and the entire world that we no longer want to live in corrupt and autocratic state. We have chosen freedom, democracy, and European way.
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We have made a lot of progress in key during those six years. However, the main demand of the Revolution, restoration of justice, is yet to be fulfilled. Yanukovych and his cronies need to face justice for corruption and mass killings of protesters.
So far, the judicial reform has been the most problematic. Instead of bringing justice to Euromaidan protesters for mass arrests and beatings, the courts keep protecting the corrupt police. For instance, recently the court awarded the compensation to the former road police officer, who illegally fined and persecuted the protesters. We hope that there will be no more such unjust court decisions and the new stage of judicial reform will finally help to bring real justice in Ukraine.
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Save the date. Discussion on Ukraine's reform progress in Brussels on December 2
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As Ukraine enters a crucial period of political bargaining, the Open Society European Policy Institute hosts a panel discussion taking stock of what has been achieved, critical priorities and challenges ahead, and the European Union’s important stewardship role in the future of Ukraine’s democratic transformation.
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AntAC's Olena Halushka will be one of the speakers. The panel discussion will take place in Open Society European Policy Institute, Brussels on December 2. More information and registration here.
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David Holmes' remarks in Congress - CNN
"Ukrainians cherish their bipartisan American support that has sustained their EuroAtlantic aspirations, and they recoil at the thought of playing a role in U.S. domestic politics or elections. At a time of shifting allegiances and rising competitors in the world, we have no better friend than Ukraine -- a scrappy, unbowed, determined, and above all dignified people who are standing up against Russian authoritarianism and aggression. They deserve better."
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