The ex-judge was rated according to the Strasbourg score

The Federation Council on Wednesday appointed Anatoly Kovler, a former Russian judge of the European Court of Human Rights (ECHR), to the High Qualifications Board of Judges (HQJC) as a member of the public. Now he will assess the professional qualities of candidates for judges and the judges themselves, whose decisions he often had to defend in Strasbourg, where Mr. Kovler, by his own admission, became “one of the champions in dissenting opinions.” In Russia, the lawyer explained to the senators, not only professionalism is required from judges, but also personal courage – in order to pass acquittals, which we have “catastrophically few.”

At the plenary session on July 5, the senators discussed the issue of appointing Anatoly Kovler, a former judge from Russia to the ECtHR, a member of the HQCJ – a representative of the public. The VKKS is a body of the judiciary that selects candidates for the positions of senior judges and heads of federal courts, makes decisions on bringing them to administrative responsibility and authorizes criminal prosecution. Professional judges predominate in the composition of the HQCC, and a third of the collegium consists of representatives of the public, who are appointed by the Federation Council. Traditionally, these are the heads of law schools: for example, Mr. Kovler replaced Artur Bezverkhov, director of the Law Institute of Samara University, at the VKKS. The ex-judge of the ECHR himself is now in charge of the Center for Foreign Legislation and Comparative Law of the Institute of Legislation and Comparative Law under the government, this organization nominated him as a member of the HQCC.

As Andrei Klishas, ​​chairman of the Federation Council committee on constitutional legislation, who introduced the candidate to the senators, recalled, Anatoly Kovler worked for the ECHR for 13 years and is generally one of the most famous and respected Russian lawyers. Senator from the Lipetsk region Maxim Kavdzharadze took the opportunity and immediately asked the future member of the HQCJ what qualities, in his opinion, are necessary for a judge in the current conditions.

“First of all, professionalism, and not only knowledge of the law, but also knowledge of judicial practice on a particular article,” Mr. Kovler emphasized. Also, in his opinion, the judge needs a heightened sense of justice, “but in the interpretation of the law, and not in the ordinary sense” (he did not specify how one differs from the other).

In addition, Mr. Kovler is convinced that the judge now needs personal courage – in order not to send suspects under arrest, as well as in issuing acquittals, “which, unfortunately, we have catastrophically few.”

“Very correct! I would support such qualities as a priority,” the speaker of the Federation Council Valentina Matvienko praised the candidate for the HQCC and gave the floor to the former plenipotentiary of Russia in the European Union, Senator from Karelia Vladimir Chizhov, who asked Anatoly Kovler to evaluate the period of his work in the ECHR and this institution itself. Mr. Kovler diplomatically recalled that during the more than 20 years of Russia’s stay under the jurisdiction of the ECtHR (the Russian Federation officially ceased to be a member of the European Convention for the Protection of Human Rights and Fundamental Freedoms on September 16, 2022), many legislative acts have been adopted arising from the decisions of the Strasbourg Court, which “ were received by the Russian Federation very positively and professionally.” This, for example, transferring the pre-trial detention center to the competence of the Ministry of Justice, and choosing a measure of restraint – to the jurisdiction of the courts, the law on compensation for judicial red tape and many other legislative changes that are still in force.

So, in general, the result should be considered rather positive, summed up the ex-judge of the ECtHR. “Although I will not hide: I was one of the champions in court in dissenting opinions and did not always express my consent,” he immediately added.

Thus, in the case of Kudeshkina v. Russia, the ECtHR in 2009 found a violation by the Russian authorities of the right to freedom of expression in the case when the applicant, who worked as a judge, was removed from office for critical statements in the press. However, Judge Kovler did not agree with the conclusions of the majority of his colleagues: in his dissenting opinion, he insisted that the applicant herself had violated the rules of judicial ethics, and therefore, there was no violation of the requirements of the convention by the Russian authorities.

The most difficult question to Anatoly Kovler was asked by the senator from Tuva Lyudmila Narusova. She recalled the recent attack in Chechnya against Novaya Gazeta journalist Yelena Milashina and lawyer Alexander Nemov, who came to trial in the case of Zarema Musayeva, wife of a former judge of the Chechen Supreme Court. Lawyer Nemov, who defended the defendant, was beaten, stabbed and asked to postpone the hearing, but the judge refused, Ms. Narusova said. “What do you think, personally, is it necessary to consider such egregious cases by the Qualification Board of Judges?” she asked.

Not every miscarriage of justice should be the subject of consideration by the HQCJ, Mr. Kovler cautiously responded to the question.

But if the mistake really led to “sad” results, then the case should be submitted for discussion by the judicial community, the lawyer explained. And if it decides that it is necessary to raise the question of the tenure of this judge in office, then, of course, the HQCJ should speak out.

There were no more questions for Anatoly Kovler. The senators supported his candidacy unanimously.

Anastasia Kornya