Deklaration FOJ, 23. june 2011

Abuse of judicial power, limits of its independence, ethics and moral are the main terms that are heard in our whole society.


In the judiciary dominates on one hand high tolerance to inadmissible behaviour of the President of the Slovak Supreme Court and to many controversial decisions of the Slovak Judicial Council and on the other hand there is high sensitivity to critical views that impact all judges with no difference. The public under the impact of recent events coming from judicial environment and expressions of coalition and also opposition political leaders more and more stop seeing differences between the judges and there is growing pressure to limit independence of the judicial power. Unless judiciary is able to settle negative events that rightfully decrease confidence and moral credit, the executive and legislative powers will inevitably take measures to external reformation.

Recently medialised controversial party of high positioned lawyers from judiciary and prosecution only confirmed that the discussion on judicial ethics is inevitable as well as the need to adopt ethical rules and to establish the Ethical Committee that would be able to objectively define limits for what is ethical and what is not ethical and what is even convictable. The draft of the “Judicial Code of Ethics“ has been presented by the initiative For Open Judiciary already on 7 July 2010 and published at www.sudcovia.sk, however, with no further response.

The Association of Slovak Judges in their declaration of 16 June 2011 pronouncedly objected the content of the Report on Slovak Judiciary of 23 April 2011 made by Günter Woratsch, Honorary President of the International Association of Judges (IAJ), and the Association considers the Report inobjective and with no expression value. Stefan Harabin, Chairman of the Judicial Council at their meeting on 21 June 2011 even held defamatory personal invectives against Mr. Woratsch. We consider such expressions for extremely unsuitable, subjective approach to the Report of the international observer who is a long time accepted judicial authority not only in his homeland Austria but also internationally. He follows the situation in the Slovak judiciary from 1992 and he personally helped to current level of its reform development. He has no reasons for untrue and unreasoned evaluations. His Report was based on data from and discussions with all parties in political and judicial spheres. The initiative For Open Judiciary strictly protests against the attacks against Mr. Gunter Woratsch.

Bratislava 23 June 2011

 

JUDr. Katarina Javorcikova
initiative spokeswoman

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