Controversy Surrounds Cyprus’ ECHR Judge Selection Process

Controversy Surrounds Cyprus’ ECHR Judge Selection Process

echr judge — echr judge — Cyprus’ proposal for the European Court of Human Rights (ECHR) judge selection has sparked significant controversy, primarily due to concerns over the transparency of the evaluation process. Complaints have been lodged by two unsuccessful candidates, represented by lawyer Christos Clerides, who formally submitted their grievances to the Council of Europe’s Judicial Selection Committee.

  • Sources within the government have indicated that all candidates were treated equitably and that the inclusion of ministers in the selection panel is standard practice in other European countries.

The objections arise from a shortlist of three nominees—Elena Efrem, Natasa Mavronikola, and Margarita Papantoniou—endorsed by President Nikos Christodoulides after approval from a seven-member Advisory Selection Board. This board finalised its list in early July, but the subsequent process has been called into question.

Clerides, acting on behalf of senior state attorney Katerina Loizou and senior district court judge Xenis Xenofontos, has raised serious allegations regarding procedural flaws, omissions, and misleading information in the Republic of Cyprus’ official submission. In letters addressed to Council of Europe officials on 13 and 20 August, he articulated concerns about the Cypriot authorities’ failure to publish the shortlist domestically before forwarding it to Strasbourg, and the exclusion of qualified candidates from the interview process.

One of the main points of contention is the alleged promotion of individuals who do not meet basic eligibility criteria, such as proficiency in national law. Additionally, the complaints highlight perceived conflicts of interest within the Advisory Board, which is chaired by Foreign Minister Constantinos Kombos and includes prominent figures like Justice Minister Marios Hartsiotis and Attorney General George Savvides.

Clerides detailed seven primary concerns, including the politicisation of the selection process, a lack of disclosure regarding evaluation criteria, and selective exclusion of candidates. Notably, he claimed that Xenofontos was deliberately excluded from interviews, despite informing the committee of family obligations that would prevent his attendance, while other candidates were permitted to participate remotely.

In response to the allegations, the government has firmly rejected any suggestions of irregularities. Foreign Minister Kombos stated that all decisions were made unanimously and in accordance with the Council of Europe’s requirements. Attorney General Savvides added that detailed minutes of every decision were maintained and submitted to Strasbourg, reinforcing the integrity of the process. Justice Minister Hartsiotis acknowledged the advanced stage of the selection process, urging that any disagreements should be addressed by the appropriate bodies.

Sources within the government have indicated that all candidates were treated equitably and that the inclusion of ministers in the selection panel is standard practice in other European countries.

The Council of Europe is now poised to evaluate the Cypriot list and determine the next steps in light of the ongoing objections. The outcome of this situation could have significant implications for the integrity of Cyprus’ judicial selection process and its standing within European institutions.

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