Jul 11, 2008
After a coup d’état in March 2003, General Bozizé established a transitional government until general elections to be held in March 2005.
A new Constitution was adopted by referendum in December 2004, following a September 2003 National Dialogue and the October 2003 creation of a Truth and Reconciliation Commission. The judiciary is ineffective, unaccountable, corrupt and dependent on the executive. There is collusion between lawyers and judges, and a tribalization of the judiciary.
The High Council of the Magistracy malfunctions. The judicial system is slow, making access to justice ineffective. Impunity remains problematic as human rights violations are ongoing.
Central African Republic-attacks on justice-publications-2005 (full text, PDF)
Jul 11, 2008
As a consequence of the constitutional protection of separation of powers at both federal and state level, judges and lawyers in Australia enjoy a high degree of independence.
However, the integrity of the system is undermined by legislation that limits the exercise of judicial discretion and limits judicial review of administrative decisions. Independence may also be compromised by the absence of appropriate guarantees regarding salary and tenure for state and territory judges, and for tribunal members who effectively exercise judicial power.
Australians do not enjoy complete access to justice due to deficiencies in legal aid funding and the refusal of the courts to acknowledge fully the right to legal representation at public expense in criminal proceedings. In addition, new counter-terrorism legislation abrogates internationally recognized due process rights.
Australia-Attacks on Justice 2005-Publications-2008 (full text, PDF)
Jul 11, 2008
During the period 2003-2004, Croatia continued to experience significant changes under the new Government of Prime Minister Sanader, particularly in its bid for accession to the EU.
Jul 11, 2008
After considering the events that have taken place in the legal field since 2002, we can conclude that no relevant attacks on judicial independence have occurred that would affect the very fabric of its foundation.
Jul 11, 2008
The suspension of the Constitution has rendered the separation of powers ineffective, and left civil society with no legitimate means of challenging executive power.
