Basic judicial principles violated, minister says

BELGRADE Justice and Public Administration Minister Nikola Selakovic has said that basic judicial principles, permanence and independence, have been violated in Serbia. He added he would not allow that court decisions to be reached under pressure. Basic judicial principles violated, minister says "The judiciary is knocked down and largely contaminated, and basic civilization principles - judicial permanence and independence - are violated. Besides former political influence, the judiciary is also ruled by fear," Selakovic told daily Vecernje novosti. Pointing out that the justice minister did not control either the courts or prosecutors' offices, but rather had to create conditions for the judiciary to do its job in keeping with the Constitution and the law, he said that, when meeting with the most important people of the judicial system, he was doing everything to free them from fear they had during the previous regime. When asked how to prevent direct pressures when reaching court decisions, Selakovic said there were services through which the Ministry could have an access to correctness and efficiency of courts' work. "However, if there are comments on verdicts in order to exert pressure, there is no independence of judiciary," the minister noted. When it comes to network of courts, which he said has flaws, he pointed out that it should be seen how to repair it in the least painful way, and added that the starting point would be an analysis to see what and how should be fixed. Speaking about the decision of the Constitutional Court to return the unelected judges to their jobs, he said the return would be carried out simultaneously with the analysis and added that some of the judges did not want to go back to work anymore. The minister also said he wiuld not dismiss anyone from the highest judicial institutions "since this would mean pressure of the executive authorities on the judicial ones," and stressed that the Serbian judiciary would "finally be reformed when younger generations of judges, prosecutors and lawyers enter the courtroom, in 10, 15 years." Nikola Selakovic (Tanjug, file) Tanjug Vecernje novosti

Basic judicial principles violated, minister says

"The judiciary is knocked down and largely contaminated, and basic civilization principles - judicial permanence and independence - are violated. Besides former political influence, the judiciary is also ruled by fear," Selaković told daily Večernje novosti.

Pointing out that the justice minister did not control either the courts or prosecutors' offices, but rather had to create conditions for the judiciary to do its job in keeping with the Constitution and the law, he said that, when meeting with the most important people of the judicial system, he was doing everything to free them from fear they had during the previous regime.

When asked how to prevent direct pressures when reaching court decisions, Selaković said there were services through which the Ministry could have an access to correctness and efficiency of courts' work.

"However, if there are comments on verdicts in order to exert pressure, there is no independence of judiciary," the minister noted.

When it comes to network of courts, which he said has flaws, he pointed out that it should be seen how to repair it in the least painful way, and added that the starting point would be an analysis to see what and how should be fixed.

Speaking about the decision of the Constitutional Court to return the unelected judges to their jobs, he said the return would be carried out simultaneously with the analysis and added that some of the judges did not want to go back to work anymore.

The minister also said he wiuld not dismiss anyone from the highest judicial institutions "since this would mean pressure of the executive authorities on the judicial ones," and stressed that the Serbian judiciary would "finally be reformed when younger generations of judges, prosecutors and lawyers enter the courtroom, in 10, 15 years."