Aug 15, 2008
Albania has continued reforming its legal system in the framework of its democratization process.
Meanwhile, the authorities must also cope with other serious challenges such as the fight against human and drug trafficking and the dismantling of organized crime.
Although the Constitution provides for an independent judiciary, political pressure, intimidation, endemic corruption, bribery, and limited resources have hampered the independent and efficient functioning of the judiciary.
A law on disclosure of personal assets was adopted in April 2003 to thwart the pervasive corruption in Albanian society, including the judiciary. Two important measures were adopted in order to improve the judicial system: the adoption in March 2004 of the Law on the Protection of Judges and Witnesses and the establishment of the Serious Crime Courts in January 2004 to deal with trafficking and organized crime.
On 12 October 2003, local elections in many major Albanian cities tested the performance of the new Electoral Code. Unfortunately, according to international observers, these elections fell short of international standards.
Albania-Attacks on Justice 2005-Publications-2008 (full text, PDF)
Aug 15, 2008
The aftermath of the May 2000 coup continues to affect political life in Fiji.
Following elections in 2001, a dispute over the composition of the Cabinet under the constitution’s power-sharing rules, which was submitted to the High Court, remains unresolved.
Within the High Court, a major crisis has been raging between judges, mainly as a consequence of the Chief Justice’s involvement in advising the illegal military government following the 2000 coup. Access to justice is a problem, with Fijians experiencing long delays, especially in Lautoka. The death penalty was abolished in 2002.
Fiji-Attacks on Justice 2005-Publications-2008 (full text, PDF)
Aug 15, 2008
The judiciary continues to face interferences from the executive but for the first time judges have dared to challenge and resist them while publicly denouncing them.
Aug 15, 2008
Against a backdrop of inter-communal violence and the worsening of law and order in the region, the police have reportedly been carrying out abuses, including against detainees, while enjoying impunity.
While the Supreme Court and National Court are generally considered to be independent of the government, local and village courts have often been subject to severe pressure, resulting in justice being severely compromised.
Prosecutors, who are underpaid, are open to corruption, which continues to be of concern generally in political and public bodies.
Papua New Guinea-Attacks on Justice-Publication-2008 (full text, PDF)
Aug 15, 2008
The independence of the judiciary continues to be undermined by the executive and police officials in Swaziland.
In November 2002, the rule of law experienced a major crisis due to the Government’s refusal to recognize court rulings.
Court of Appeal judges resumed work only two years later, in November 2004, thereby providing hope that the crisis would be overcome. However, despite the drafting of a new constitution, the absence of a separation of powers (which is being monopolized by the King and his councillors), combined with impunity and a failure to conduct investigations or provide access to justice, has led to the rule of law being severely undermined.
A new Constitution, which had been in the process of being drafted since 1996, was finally adopted in July 2005.
Swaziland-Attacks on Justice-Publication-2008 (full text, PDF)
