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The serious missconduct
that has been uncovered in Finland regarding the election of Ms. Paivi
Hirvela as judge to the European Court of Human
Rights (ECHR) seriously weakens the confidence in the European Court of Human
Rights.
A) The new judge appointed to the Court
of Human Rights from Finland has falsified her Curriculum Vitae.
The Finnish stateprosecutor
that has been elected to become a judge in the European Court of Human Rights
starting 01.01.2007 has given falsified information in her Curriculum Vitae.
In the CV that she has written when applying for the office she states that
she has been a judge for 9 years. According to information that can be
obtained from her official public workinghistory
she has been a temporary judge for short periods of time for a total time of
2 years and 2 months at the most. Also other discrepencies
have been documented. This is a proof of that she cannot have high moral
character. Thus Ms Paivi Hirvela
does not fulfil the Criteria for office according to Article 21 of the
Convention for the Protection of Human Rights and Fundamental Freedoms.
B) Finland has selected the candidates in a non-transparent,
secret and illegal process. The selection did not fullfill
the requirements set by the Parliamentary Assembly
The secret non-transparent selection of candidates
in Finland did not fulfill the
requirements of the Parliamentary Assembly. The selection of Paivi Hirvela as one of the
candidates to be presented to the Parliamentary Assembly has not been legal
according to the Finnish law. According to one member of the selection panel,
President of the Supreme Court Ms. Pauliine Koskelo, there is no written document on how the
selection panel was formed. She was invited to the panel by telephone. The selection
process is kept secret.
The selection of Finnish candidates was
done by those who are responsible for most violations of the Convention for
the Protection of Human Rights and Fundamental Freedoms in Finland:
Chancellor of Justice Paavo Nikula
Supreme Court President Pauliine Koskelo
Supreme Administrative Court President Pekka Hallberg
Also present were:
Secretary General of the Ministry of Justice Kirsti Rissanen
Chief of the Juridical Department of the Ministry for Foreign Affairs Irma Ertman
Secretary from the Juridical Department of the Ministry for Foreign Affairs MS Camilla Busck-Nielsen
The Finnish Minister for Foreign Affairs
Mr Erkki Tuomioja, who
did the official nomination of the three Finnish candidates to the
Parliamentary Assembly and the members of the selection panel must have been
aware of the falsified Curriculum Vitae of Ms. Päivi
Hirvelä.
They all must also have been aware of
the fact that:
- The selection process in Finland did not fullfil the
requirements set by the Parliamentary Assembly The Recommendation 1649
(2004)1.
- The selection process has not been
legal according to Finnish law. From the debate in the internet which has arosen on this subject it has been disclosed that this
kind of selection of candidates has been used in Finland also earlier.
Prime Minister, Mr. Matti Vanhanen established a working group on 12th of Aug 2005
to make a recommendation on how to appoint persons to the international judge
job vacancies. It got an extension to its allocated time so that is was possible to nominate Ms Paivi
Hirvela in the old way.
The chairman of this working group has been
Chancellor of Justice Mr. Paavo Nikula
and one member Ms.Irma Ertman,
Chief of the Juridical Department of the Ministry for Foreign Affairs.
More information can be obtained from the website:
http://www.promerit.net/english.pages.html
Comment Group
e-mail: promerit@hotmail.com
About Promerit: An independent non-governmental
organisation doing research on the corruption of the judicial system and
public administration of Finland.
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