Saturday, October 11, 2008

History repeats: Victor Yushchenko interferes with Ukraine's judicial process.

The Kyiv Administrative court has issued a injunction suspending the Presidents decree dismissing Ukraine's democratically elected parliament.

In what is reminiscent of events unfolded last year, Victor Yushchenko has again interfered with the independence of Ukraine's judiciary.

In April 2007 the Parliamentary Assembly of the Council of Europe (PACE) passed a resolution in consideration of a report titled Functioning of democratic institutions in Ukraine. (Items 13 and 14) stated:

“The Assembly deplores the fact that the judicial system of Ukraine has been systematically misused by other branches of power and that top officials do not execute the courts’ decisions, which is a sign of erosion of this crucial democratic institution. An independent and impartial judiciary is a precondition for the existence of a democratic society governed by the rule of law."

The associated explanatory report under the sub-heading of Pressure on the courts expressed concern that

"Several local courts have made decisions to suspend the Presidential Decree only to then withdraw them, allegedly under pressure from the presidential secretariat." (item 67)

In emphasis the report (item 68) stated

"This is a worrying tendency of legal nihilism that should not be tolerated. It is as clear as day that in a state governed by the rule of law judicial mistakes should be corrected through appeal procedures and not through threats or disciplinary sanctions ”

3 Comments:

UkrToday said...

In April 2007 PACE rightfully criticised Ukraine for what it defined as being legal nihilism and undue pressure by the presidential secretariat.

In June 2007 Victor Yushchenko illegally dismissed three members of Ukraine's Constitutional Court in what is considered to be an unconstitutional act and direct interference in the independence and operation of Ukraine's judiciary.

Although PACE had early express its concern and opposition to the president's Judicial interference it remains silent and failed to call to account the President's actions of June 2007.

PACE in the process had seriously undermined its own position and as a result of its inaction has contributed to the loss of public confidence in the democratic process.

Will it again remain silent on what is clearly a breach of constitutional law?

USInfo said...

USInfo State Givernement Statement on democracy - RULE OF LAW

Constitutions

The rock upon which a democratic government rests is its constitution--the formal statement of its fundamental obligations, limitations, procedures, and institutions. The constitution of the country is the supreme law of the land, and all citizens, prime ministers to peasants alike, are subject to its provisions.

"Judges may be either appointed or elected to office, and hold office for specified terms or for life. However they are chosen, it is vital that they be independent of the nation's political authority to ensure their impartiality. Judges cannot be removed for trivial or merely political reasons, but only for serious crimes or misdeeds--and then only through a formal procedure, such as impeachment (the bringing of charges) and trial in the legislature."

Anonymous said...

Yushchenko is not suited to hold offive and MUST be impeached NOW.

His illegal and unconstitutional interferance in Ukraine`s Judiciary is a direct attack on Democracy and rule of Law.

Yushchenko does not have the authority or right to unilaterally demiss Judges in order to prevent the courts from reviewing his actions and decrees.

Any dispute and disciplinary action against Judges MUST be considered by the High Council of Justices according to Ukraine`s Constitution (Articles 122-131).

Yushchenko`s interference is grounds for his impeachment