Attacks on Justice 2005: New Zealand

Jul 11, 2008

Separation of powers in New Zealand is generally effective and respected in practice. Both the judiciary and the legal profession fulfil their duties in an ethical manner free from interference.

Attacks on Justice 2005: East Timor

Jul 11, 2008

Timor Leste’s judicial sector, including the legal system and the police service, remains fragile. It continues to be plagued by a lack of competent judicial actors, resources, training and management.

There are long delays in getting matters before the courts and in getting hearings, doctors do not attend court to answer questions regarding medical reports, people are unlawfully held in custody as a result of court delays and the police either fail to understand or abuse their powers. There is an extensive backlog of cases, with figures showing that judges in the district courts that are operating, mainly the one in Dili, have handled approximately four cases per year.

East Timor-Attacks on Justice 2005-Publications-2008 (full text, PDF)

Attacks on Justice 2005: Uzbekistan

Jul 11, 2008

The absence of judicial independence continues to represent a serious menace to state development and to human liberties.

Attacks on Justice 2005: Nepal

Jul 11, 2008

Judges face considerable pressure from the executive and the military and have received threats for making unfavourable decisions.

Attacks on Justice 2005: Australia

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)