Aug 15, 2008
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)
Aug 15, 2008
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)
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.
