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Darian Pavli

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Darian Pavli
Born7 April 1975
Vlora
NationalityAlbania
Occupationjudge at the European Court of Human Rights

Darian Pavli (born 7 April 1975) is judge at the European Court of Human Rights with respect to Albania since 7 January 2019.[1]

Early life and education

Pavli was born on 7 April 1975 in Vlora, Albania.

He studied at the Faculty of law of the University of Tirana from 1993 to 1997 and obtained there a bachelor of laws. He then completed a master of laws in comparative constitutional law at the Central European University of Budapest in 1998.[2]

In the school year 2000-2001, he completed at the New York University Law School another master of laws in public service law.[2]

Career

Between 1998 and 2000, he worked as senior attorney for the Organization for Security and Co-operation in Europe (OSCE) in Tirana,[1] as well as a lecturer in constitutional law at the University of Tirana.

From 2001 to 2003, he was the researcher on human rights situation in Southeast Europe for the organization Human Rights Watch.[1][2][3][4] He then joined the Open Society Justice Initiative until 2015 as senior attorney, working on various cases before international courts and mechanisms on human rights issues.[1][2][3][4]

In 2015, he was appointed as advisor for the Special Parliamentary Committee on Justice Reform of the Parliament of Albania.[2]

Between 2016 and 2017, he was director of programs of the Open Society Foundation for Albania.[2]

From 2017 to 2018 he was expert on human rights law and policy for the Council of Europe and other international organizations in Tirana, and in 2018 he was appointed senior expert for the Euralius V project (European Union project working on the consolidation of the Albanian justice system).[1] [2]

He is judge of the European Court of Human Rights (ECHR) since 7 January 2019.

Controversy

In a recent NGO report, he was cited for possible conflicts of interest due to his long-lasting links to the Open Society Justice Initiative (OSJI) and previous work with Human Rights Watch as he seated in a case where the OSJI was involved and another where it was Human Rights Watch.[5]

As an advisor for the Special Parliamentary Committee on Justice Reform, he directly participated in the implementation of new justice reglementation in Albania. The process of this reform was pushed by the US Department of State and the Open Society Foundation,[6] which conducted notably survey to evaluate the support of the population to the reform. More generally, the Open Society Foundation claims to be "the primary funder of the entire reform process".[7] As an active member of the Open Society Foundation before and after the reform Darian Pavli directly participated in the process of its creation. According to a new evaluation process implemented by the judicial reform ("vetting"), two judges, in particular, were dismissed: Besa Nikëhasani who was a prosecutor, and Altina Xhoxhaj who was a Constitutional Court judge. Both of them submitted their cases before the European Court of Human Rights which were examined when Darian Pavli was already judge at the ECHR.[8][9] Despite being asked to examine processes which he participated to create, he ruled in both cases and did not defer.

The nomination of Darian Pavli as a candidate for the ECHR by the Albanian government was also controversial. Indeed, Albanian press pointed out that Pavli had links with the Albanian Prime Minister Edi Rama. First, they are said to be related (even if the Albanian press is not clear about this link, one presents them as cousins, while the other declares Pavli is the cousin of Rama's wife).[10][11] Second, the Open Society Foundation openly supported Edi Rama in the past.[10] [12]Finally, the government was also accused of presenting the candidates to the ECHR without submitting them to the "vetting" system, mandatory for Albanian judges.[11][13]

References

  1. ^ a b c d e "Composition of the ECHR- Judges, Sections, Grand Chamber". Retrieved 3 March 2023.
  2. ^ a b c d e f g "Election of Judges to the European Court of Human Rights List and curricula vitae of candidates submitted by the Government of Albania". 28 August 2018. Retrieved 3 March 2023.
  3. ^ a b "Darian Pavli - openDemocracy". Retrieved 3 March 2023.
  4. ^ a b "Darian Pavli - Global Freedom of Expression". Retrieved 3 March 2023.
  5. ^ "NGOS AND THE JUDGES OF THE ECHR, 2009 - 2019, ECLJ". Retrieved 22 February 2023.
  6. ^ "Engagement with the Open Society Foundation for Albania, US Embassy Tirana, Public Affairs Section" (PDF). 10 February 2017. Retrieved 7 March 2023.
  7. ^ "How Albania Is Reforming Its Troubled Justice System, ANDI DOBRUSHI, Open Society Foundations". 11 February 2016. Retrieved 7 March 2023.
  8. ^ "CASE OF XHOXHAJ v. ALBANIA - ECHR". 9 February 2021. Retrieved 7 March 2023.
  9. ^ "CASE OF NIKËHASANI v. ALBANIA - ECHR". 13 December 2022. Retrieved 7 March 2023.
  10. ^ a b "Darian Pavli, gjyqtari shqiptar i Strasburgut, në "konflikt interesi" me paditë kundër Vetingut (in Albanian) - Darian Pavli, the Albanian judge of Strasbourg, in "conflict of interest" with the lawsuits against Veting". 16 September 2020. Retrieved 7 March 2023.
  11. ^ a b "The Government Announces Fourth ECtHR Candidate List without Vetting". 27 July 2018. Retrieved 7 March 2013.
  12. ^ ""Rama s'heq dorë, kërkon emërimin e kunatit të Fatmir Xhafajt në postin e rëndësishëm" (in Albanian) - "Rama does not give up, demands the appointment of Fatmir Xhafaj's brother-in-law to the important post"". 29 July 2018. Retrieved 7 March 2023.
  13. ^ "Albanian Government Misinforms the Council of Europe, Claims ECtHR Candidates Were "Vetted"". 24 August 2018. Retrieved 7 March 2023.
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