Nilism on high

Kyiv Post has published an editorial peice by Katya Gorchinskaya attacking the President’s annihilation of justice in Ukraine. She headlines the article with the question

“When leaders don’t even obey the law, what hope is there for the rule of law?”

The executive branch cannot legally dismiss the judicial branch at will. There is a procedure for it, and it has to be observed by all political players, including the president – but it was not. There are strong calls to restart the long-postponed judicial reform, but it’s unclear how it would help in this mess and who would be able to carry it out in the first place and then implement it, if the country’s top officials so readily ignore laws, apply pressure and intimidate judges.
…
Unless judges are free of fear and pressure, there is no justice. Unless all branches of power observe law, democracy becomes an oxymoron. Unless all political players sacrifice their ambition and do their job right, it doesn’t matter how many parliamentary and presidential elections are held and how often – the country will stay in a mess.

Ukraine’s High Council of Justice, which represents all three players in Ukraine’s judicial/legislative system, should be charged with overseeing judicial changes and reform in consultation with the Europe’s Venice Commission. Any proposed reform should be backed up by legislation and not by the arbitary will of Presidential decree

Kyiv Post also published an editorial peace by Katya Gorchinskaya attacking the President’s annihilation of justice in Ukraine. She headline the article with the question “When leaders don’t even obey the law, what hope is there for the rule of law?”

The executive branch cannot legally dismiss the judicial branch at will. There is a procedure for it, and it has to be observed by all political players, including the president – but it was not. There are strong calls to restart the long-postponed judicial reform, but it’s unclear how it would help in this mess and who would be able to carry it out in the first place and then implement it, if the country’s top officials so readily ignore laws, apply pressure and intimidate judges.
…
Unless judges are free of fear and pressure, there is no justice. Unless all branches of power observe law, democracy becomes an oxymoron. Unless all political players sacrifice their ambition and do their job right, it doesn’t matter how many parliamentary and presidential elections are held and how often – the country will stay in a mess.

Ukraine’s High Council of Justice, which represents all three players in Ukraine’s justical system, should be charged with overeating judicial changes and reform consultation with the Europe’s Venice Commission. Any proposals for reform should be backed up by legislation and not by the arbitary will of Presidential decree.

In anther event, which has not been reported on Global Voices indicating a clear bias in its reporting, is Viktor Yushchenko’s ongoing interference in the operation and independence of Ukraine’s Judiciary.

The latest event continues on from Viktor Yushchenko’s attacks on the Constitutional Court in 2007. Yushchenko has once again demonstrated his contempt for democracy and the principle of rule of law by dismissing another Judge who ruled in favour of granting an injunction putting on hold Yushchenko’s decree dismissing his second Parliament and calling for another round of Parliamentary elections. The injunction was granted pending the outcome of appeal lodged by representatives of the governing party.

Human Rights Watch published on the 20th of October a damning report on the President’s actions.

Similar criticism wwas leveled against Viktor Yushchenko win May 2007 when he illegally dismissed three members of Ukraine’s Constitutional Court in order to prevent the Court from ruling against his decrees.

The Parliamentary Assembly of the Council of Europe )PACE) in its report titled “Functioning of democratic institutions in Ukraine” (dated April 2007) stated:

“The Assembly deplores the fact that the judicial system of Ukraine has been systematically misused by other branches of power and that top officials do not execute the courts’ decisions, which is a sign of erosion of this crucial democratic institution. An independent and impartial judiciary is a precondition for the existence of a democratic society governed by the rule of law.”

The associated explanatory report under the sub-heading of Pressure on the courts expressed concern that

“Several local courts have made decisions to suspend the Presidential Decree only to then withdraw them, allegedly under pressure from the presidential secretariat.” (item 67)

In emphasis the report (item 68) stated

“This is a worrying tendency of legal nihilism that should not be tolerated. It is as clear as day that in a state governed by the rule of law judicial mistakes should be corrected through appeal procedures and not through threats or disciplinary sanctions ”

In 2007 the Parliamentary Assembly having created Yushchenko for his interference in Judaical matters remained selective silent whilst democracy and rule of law was violated.

Interference in Ukraine’s judiciary is a serious offence, made worst by the fact that it is the President, who is head of state, who has commitedd this offence. If this occurred in a Western democracy the head of state would be facing a parliamentary/Senate review and possible impeachment proceedings to removbe him/her from office.

By not speaking out about this onging abuse PACE have undermined public confidence in the the democratic process and rule of law.