Attacks on Justice 2005: Malaysia
The Malaysian government frequently asserts that the judiciary is free from external control, pressure or influence.
Attacks on Justice 2005: Uganda
In Uganda, the administration of justice lacks both human and financial resources to enable it to function properly.
The judiciary is generally independent, although it is constantly subjected to attacks from the executive. In addition, corruption within the judiciary is rampant and widespread and damages its public perception.
In an effort to combat this, accountability mechanisms have been set up to enhance judicial integrity. Advocates’ freedom of expression has been restricted and access to justice remains limited. Counter-terrorism legislation has undermined respect for the right to a fair trial.
Uganda-Attacks on Justice-Publication-2008 (full text, PDF)
Attacks on Justice 2005: Serbia and Montenegro
Serbia and Montenegro (Yugoslavia until February 2003) entered the process of democratic transition, the creation of a system based on the rule of law, much later than other former socialist countries.
On 4 February 2003 the new state union of Serbia and Montenegro was proclaimed. Under the Constitutional Charter of the State Union of Serbia and Montenegro, there is only one instance of Serbia and Montenegro having a common judiciary – the Court of Serbia and Montenegro.
Otherwise, each state – the Republic of Serbia and the Republic of Montenegro – has its own internal courts system.
A set of important judicial reforms came into force on 1 March 2002 in the Republic of Serbia and in July 2002 amendments to these laws were made that violate the principle of separation of powers and the independence and impartiality of the judiciary.
In Montenegro, several laws relating to the judiciary were passed or amended during 2003.
On 19 March 2003, the National Assembly of the Republic of Serbia dismissed 35 judges from office, including seven Supreme Court judges, amid accusations that the judiciary had failed to take tougher measures in dealing with remnants of the former regime as well as in prosecuting organized crime. The legal system in Serbia and Montenegro is still characterized by a number of contradictory and inconsistent regulations, resulting in legal insecurity.
Serbia & Montenegro-Attacks on Justice-Publication-2008 (full text, PDF)
Attacks on Justice 2005: Czech Republic
The 1992 Czech Constitution was amended in 2001 with the goal of conforming to the obligations of future EU membership, which occurred on 1 May 2004.
The ‘European amendment’ introduced changes in the application of international treaties and revised the powers of Parliament, the Constitutional Court and ordinary courts.
Judicial reforms in 2002 were followed by the creation of the Supreme Administrative Court, the Judicial Academy and judicial councils, and an increase in the powers of prosecutors through amendments to the Law on State Prosecution and the Criminal Procedure Code.
However, the judicial system still has a significant problem with regard to lengthy proceedings. Executive interference within the judiciary has been reported.
Czech Republic-Attacks on Justice 2005-Publications-2008 (full text, PDF)
Attacks on Justice 2005: Bolivia
Following the far reaching institutional reforms undertaken in the 1990s, additional judicial reforms have been introduced over the past two years in Bolivia.
They have made significant progress, both in the normative field with the entrance into force of the new Criminal Procedure Code and in the institutional ambit with the implementation of regulations on the judicial career.
In April 2004, the Constitution was amended to authorize a constituent assembly, scheduled for 2005, to rewrite the Constitution. The judiciary continues to be influenced by politics and is severely understaffed, as Congress only appointed 6 Supreme Court Judges, the Prosecutor General and 2 Counsellors of the Judicial Council on 17 December 2004.
The relations between the Country’s highest judicial authorities, namely the Constitutional Tribunal, the Supreme Court and the judicial Council are rather tense. The controversial Prosecutor General Oscar Crespo finally adopted the prosecutor career regulations in August 2004.
A public defence system and Integrated Justice Centres should boost people’s access to justice. In a landmark judgement on 17 May 2004, the Constitutional Tribunal awarded jurisdiction to civilian courts in cases of military forces accused of human rights abuses.
There are ongoing efforts to bring to trial former President Lozada for the abuses committed during his governance. Investigations into disappearances which took place while the country was governed by the military have been commenced.
Bolivia-Attacks on Justice 2005-Publications-2008 (full text, PDF)
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