A return to the old practice of exerting insidious political influence over the judiciary, compounded by ill-considered legislation, threatens to undermine the gains of Moldova’s legal and judicial reform process.
Although an independent judiciary largely functions in practice in Jamaica, it operates within an overburdened system with inadequate resources.
The government has launched a three-year reform plan to modernize and improve the court system and the effectiveness of the judiciary. Legislation was enacted in 2004 to abolish appeals to the Judicial Committee of the Privy Council and make the Caribbean Court of Justice Jamaica’s highest appellate authority.
The Privy Council declared this legislation unconstitutional in February 2005 on procedural grounds. New legislation was under discussion as of April 2005.
In March 2004, the Social Conflict and Legal Reform, a five-year-long initiative to foster mediation and alternative dispute resolution methods at both the institutional and community levels, came to an end. It succeeded in establishing mediation centres in several deprived areas.
Budgetary and political constraints have severely undermined the effectiveness and impartiality of the Police Public Complaints Authority (PPCA) in investigating alleged abuses by state security forces.
Jamaica-Attacks on Justice 2005-Publications-2008 (full text, PDF)
In the considered period, several scandals concerning the illegal funding of political parties and corruption within the judiciary have been widely reported in the media, as have a number of cases of attacks on judges.
Early 2004 was marked by lawyers’ strikes protesting against both the conditions in which the justice system operates and the ‘Perben laws’, part of a controversial judicial reform programme. Increasingly, lawyers as well as judges are protesting about staff shortages in courts, inadequate premises and lengthy proceedings.
France-Attacks on Justice 2005-Publications-2008 (full text, PDF)
The independence of the judiciary in Colombia is seriously compromised, particularly within the Attorney General’s Office, where prosecutors are being pressured to comply with the policies of the government.
In addition, lawyers – especially human rights lawyers and defenders – are subjected to harassment, threats and persecution by the government, guerrilla and paramilitary groups, preventing them from discharging their professional duties in an independent manner.
The government has submitted several controversial proposals to Congress concerning reforms to the judiciary that undermine the role of the Constitutional Court (Corte Constitucional) and the Higher Judicial Council (Consejo Superior de la Judicatura) and could lead to the creation of a judiciary that is heavily accountable to the executive (Poder Ejecutivo).
The constant efforts of the government to push through radical legal and constitutional reforms not only undermine the independence of the judiciary but also create legal chaos.
Colombia-Attacks on Justice 2005-Publications-2008 (full text, PDF)
The ICJ today expressed its concern at government attacks on the independence of the judiciary in relation to a case involving the Prime Minister, Mr Silvio Berlusconi.
In a letter to the President of the Senate, read out to the Senate last week, the Prime Minister alleged that a criminal prosecution against him had been initiated for political purposes by “extreme left magistrates”, and accused judges and prosecutors involved in the case of politicisation and bias.
Italy-ICJ calls for end to government interference with judicial independence-Press releases-2008-Eng (full text, PDF)
Italy-ICJ calls for end to government interference with judicial independence-Press releases-2008-Ita (full text in Italian, PDF)
ICJ Oral statement at HRC urgent debate on protection of children and schools in armed conflict
Joint Statement from Legal Experts on Genetic Sex Testing in Sport
HRC on Iran: the Council must condemn human rights violations by all parties to this conflict
Lao PDR: Addressing gaps in access to justice for survivors of sexual and gender-based violence