Op-Ed/Judiciary system is in a black out

Op-Ed/Judiciary system is in a black out

By Idriz Sinani

The judiciary system in FYROM is completely destroyed and instead of it we have a system still controlled by the executive power and party. The state and institutions are controlled by the party in power.

This has been identified for several years now and it was uncovered through the registered conversations made public by Macedonian opposition. These registrations revealed the truth how the parties in power appointed and shared their control in courts, by appointing judges and other members of the judiciary system.

Then we had the conversations between party leaders or key political figures with prosecutors, judges, which showed the brutal intervention of the executive power in the justice system.

The registered conversations detected a system controlled by politics, therefore the key request of the opposition in the talks for the solution of the crisis was the creation of the Special Prosecution, an institution which would be independent from other judiciary institutions.

Since its creation, the Special Prosecution faced obstacles and different problems because the Republican Judicial Council, as one of the highest instances of the judicial system, did not approve the personnel of the Special Prosecution and its annual budget. But this new institution was attacked as soon as there were investigations on former senior officials and current official.

The “Titanic” case charges current officials and officials of the former government for electoral rigging. Among them is the former ministry of Interior, Gordana Jankulovska, ministers and other state officials.

While the Special Prosecutor demanded for these officials to be remanded in custody, the Court of Skopje didn’t approve this by releasing the suspects.

But more outrageous was the rapid decision of the Constitutional Court which approved the decision to pardon all people who were involved in electoral rigging.

This will be done through a presidential decree. The actions of these institutions are brutal attacks against Special Prosecution and true justice. Other appeal instances didn’t work out either. These mechanisms against Special Prosecution showed how justice is functioning and how it has been captured. The former head of the Academy of Science and Arts and one of the most prominent experts of justice, Vlado Kambovski clearly said that the recent actions of the judiciary system reflect the end of this state.

“The decision of the Constitutional Court to approve an amnesty for those who committed electoral rigging is a disgrace for the justice system in Macedonia. The Constitutional Court has carried out a coup d’etat. This is the end of the state”, professor Kambovski said.

During this month, Special Prosecution report will talk about its work since it was created. Special Prosecutor Katica Janeva will talk about all problems, challenges and the functioning of this institution. Meanwhile, this institution is also preparing other cases which come out of the wiretapping affair.

The suspicions relate to abuses by the state senior officials. But everything will be seen in the weeks to come as to how efficient the Special Prosecution will be and how much FYROM will come out of this black out.

*The author is the head of the International Forum for Human Rights-Balkan section

** The opinion of the author doesn’t necessarily represent IBNA’s editorial line