Belgrade Centre for Human Rights
ASSOCIATION OF JUDGES OF SERBIA, No. 2

PERSECUTION CONTINUES:
Judicial committees held in courts throughout Serbia examining  membership in the proscribed Association of Judges

 

received on 18 Nov 1999

 
Belgrade Centre for Human Rights

ASSOCIATION OF JUDGES OF SERBIA, No. 2

PERSECUTION CONTINUES:

Judicial committees held in courts throughout Serbia examining  membership in the proscribed Association of Judges
 

Judge Sasa Obradovic of the Valjevo Municipal Court requested  to be relieved due to the shameful treatment of the judicial profession by the authorities

Grave breach of the constitution by the Serbian parliament:
dismissal of judges Marjanovic, Baltic and Cucic

The first judges to feel the purge were the municipal and district courts judges of Novi Pazar. After some thirty judges of these courts openly announced their membership in the Association of Judges, the presidents of courts answered by a clear warning that such membership would be interpreted as a ground for their dismissal from office. Following the warning, on a joint session of the judicial committee of these two courts, one judge had, nevertheless, stood up expressing his pride with his membership in the organization.

In the South Serbian city of Nis, judges of the municipal court have on constitutional grounds jointly protested against such an enquiry. Although under constant threats of dismissal and material penalties those judges on the outset rejected to answer the question, which they found to be violating their constitutional right to privacy.

Several judges in various courts throughout Serbia stood up and admitted to their membership in the Association in an atmosphere of extreme tension. It came as quite a surprise that some of the Supreme Court of Serbia judges whose membership in the Association had not previously been known reacted in the same way at the general session of this Court's civil chamber. The Belgrade Centre decided not to divulge the names of all those brave people out of concern that someone might be omitted.

Judge Sasa Obradovic of the Valjevo municipal court has addressed an open letter to the Serbian Parliament announcing his wish to be dismissed from office on personal grounds. As he himself stated: "The status of a judge in today's Serbia probably represents the unique phenomenon in the contemporary judiciary systems of the world. The grave social crisis that Serbia has been suffering from for the past years involving wars, isolation from Europe, poverty and discrimination, the collapse of all moral standards and basic social values, subordination of all state institutions to the narrow interests of the ruling political parties, shamefully low income of a judge, whereas an ordinary policeman earns more … placed our judiciary in an absurd and disgraceful position. Although I have been doing my best to resist this downfall over the past years, I have not been able to change the actual reality: on our judgments, only the poor were sent to prison. Therefore, as I lack prerequisites to perform my function in the best manner, and since I do not wish to accept any other standard, I consider myself unfit to continue to be a judge" (taken from the letter published in the independent weekly, Vreme, 16 October).

At the very beginning of its regular yearly session the Serbian parliament removed three members of the Association of Judges from their office, on the grounds of incompetent and unprofessional performance. The striking and frightening fact about this venture was the complete disregard of legal procedure, which the constitution of Serbia (Art. 101, para. 4) and the Serbian Courts Act (Art. 27) prescribe. Namely, when the proposal for the dismissal of a judge is initiated by the president of the court where the judge sits, it should be directed to the general session of the Supreme Court of Serbia, which then deliberates on the merits of the concrete proposal. After the Supreme Court has heard the testimony of the judge in question and after it is found that the reasonable grounds for his removal from office exist, the Court initiates the procedure before the parliament, whose members than vote on the matter. In this case, neither was the general session of the Supreme Court ever summoned, nor did the Court ever determinate the relevant facts or hear the testimony of the three judges before they were relieved by the parliament. Such arbitrariness, apart from showing inexcusable disrespect of law, totally undermines the constitutional principle of the permanence and immovability of judges, which is elementary for an independent judiciary. The dismissed judges are now left with no further legal remedies at their disposal whilst the others are intimidated by the new pattern of repression.
 

The Belgrade Centre for Human Rights joins the Association of Judges in their legitimate fear that the campaign against this Association is primarily aimed at complete submission, primarily of the municipal courts, to the will of the regime before the coming elections. Namely, according to the newly amended Local Self-Government Act, which governs local elections, the municipal courts will decide in the final instance on the results of the elections and on related complaints. Bearing in mind the unfortunate experience with manipulations performed by judges close to the ruling parties after the local elections in November 1996, the government's aim becomes much clearer.

If the persecution of the independent judges is not stopped by increased pressure both from the international and domestic spheres, the chances for Serbia ever to have fair elections and genuine democracy will be diminished for at least another four years.

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