High Council of Justice relaxed over politically active judge

On 22 January 2011 the Ukrainian Helsinki Human Rights Union and a number of human rights organizations sent an appeal to the President and the High Council of Justice, calling for the dismissal of the Head of the High Court on Civil and Criminal Proceedings, L. Fesenko.  They drew attention to the fact that Fesenko had in his capacity as National Deputy [MP] effectively voted for his own appointment on 7 October last year and even after that had continued to exercise his role as a National Deputy including in votes where his vote was decisive in gaining a majority or his presence at the Parliamentary Committee on Justice needed to gain a quorum. 


There has been no response whatsoever from the President to this shocking degree of political activity from a judge and one holding such an important position.


The letter received from the High Council of Justice, signed by its head V. Kolisnychenko also fails to address the issue. It states that Fesenko has ceased his membership of a political party, for which there is the relevant resolution.   The letter, which can be seen here in Ukrainian files/docs/1298892207.pdf  simply states that Fesenko’s mandate as National Mandate was terminated early through a parliamentary resolution dated 4 February 2011 following Fesenko’s application on 11 October 2010. 


The High Council of Justice, which has considerable powers over appointing, dismissing and disciplining judges, has thus chosen to ignore the considerable amount of political activity undertaken by the said judge from when he voted for his own candidacy to much later.


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