On 21 October 2020 the Disciplinary Chamber of the Supreme Court of Poland will hear the case of Judge Irena Majcher. The prosecutor has filed a motion to waive her immunity, because a judicial decision of hers allegedly constitutes a criminal offence. This will set a dangerous precedent, writes Polish Judges’ Association Iustitia.
The judicial immunity of Polish judge Beata Morawiec was lifted by the Discipinary Chamber of the Supreme Court of Poland. This is a blatant violation of the interim measures issued by the European Court of Justice. Judges for Judges calls for immediate action from the European Commission.
President Beata Morawiec of the Polish judges’ association Themis was removed from her position as court president, saw her official laptop containing sensitive data being taken by a public prosecutor and is now awaiting proceedings to have her immunity waived. The disciplinary hearing is scheduled for Monday 12 October 2020. This case is ‘a manifestation of legal harassment of judges who defend the rule of law in Poland‘, according to judge Dariusz Mazur. Judges for Judges hereby calls attention to his full case study and her statement on the matter.
Judges for Judges took notice with great concern of the recent developments in Poland regarding the upcoming hearings by the Disciplinary Chamber of the Supreme Court.
Together with three European Associations of Judges and Prosecutors we have sent a letter to the President of the European Commission, calling upon the European Commission to (i) urgently request the Court of Justice of the European Union for a penalty payment, (ii) start new infringement procedures and (iii) address the prosecuting authority urging it to abandon immediately the disciplinary proceedings.
Moreover, we publicly support the open letter ‘Before it’s too late‘, published by 37 prominent worldwide academics in the field of International and Comparative Law.
Raadsheer en hoogleraar Marc de Werd geeft een update over de situatie in Polen, aan de hand van drie recente rechtszaken: (i) over de vrijheid van meningsuiting van rechters bij het Europees Hof voor de Rechten van de Mens, (ii) over de bedreigingen van de Poolse rechterlijke macht bij het Hof van Justitie van de Europese Unie en (iii) over een Nederlands overleveringsverzoek aan een Poolse rechtbank.
Judges for Judges and four Commonwealth Associations (of Magistrates and Judges, Lawyers, Legal Education and Journalists) are deeply concerned about proposed amendments to the Constitution of Sri Lanka. These would in effect relegate the Judiciary to a position inferior to that of the Executive and Legislature.
In this joint statement the five organizations call upon the government and parliament of Sri Lanka to ensure that any constitutional changes are consistent with the Commonwealth fundamental values and international standards relating on the independence of the judiciary and the separation of powers.
The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment of the Council of Europe has recently published two reports on Turkey. The Platform for an Independent Judiciary in Turkey believes these observations support its repeated warnings against the ill-treatment of imprisoned Turkish judges and prosecutors. It therefore appeals to the Turkish authorities, the European Commission and the Council of Europe with reconfirmed determination in this official statement.
Four years ago, on July 15th 2016, a failed coup d’état in Turkey set in motion an unprecedented and orchestrated campaign to destroy the Rule of Law and the independence of the Judiciary. Today, Platform for the independence of the judiciary in Turkey reaffirms its solidarity and support to all those judges, prosecutors and lawyers in Turkey that are truly independent and are engaged in the struggle for a free judiciary and the return of the rule of law in Turkey.
After two official statements issued last month, Judges for Judges and three Commonwealth legal associations are pleased to note that in Malawi a Presidential election was duly held on 23 June 2020.
In their third joint statement they commend the Judiciary and Parliament for fulfilling their duties to the constitution, to their international obligations and to democratic principles.
For the second time in less than a week, Judges for Judges and three Commonwealth legal associations have issued a statement on the rule of law in Malawi. They express the most serious concern at the purported ‘leave pending retirement’ of the Chief Justice and Judges of the Supreme Court of Appeal.
In their new joint statement they call on the Malawi government to ensure that due process is followed in line with the national constitution and its international obligations.