MACEDONIA: PM GRUEVSKI AGREES TO KEY JUDICIAL REFORMS

UNCLAS SECTION 01 OF 02 SKOPJE 000300 SENSITIVE SIPDIS STATE FOR EUR/SCE E.O. 12958: N/A TAGS: PGOV PHUM MK SUBJECT: MACEDONIA: PM GRUEVSKI AGREES TO KEY JUDICIAL REFORMS Sensitive but unclassified - please protect accordingly. ¶1. (SBU) At post's urging, PM Gruevski has agreed to a string of key reforms in Macedonia's justice sector, many of which should become public within days. Among these reforms are detainee access to an attorney, public access to court proceedings and rulings, public proceedings of the Judicial and Prosecutors' Councils, stricter rules for judicial qualifications and personal conduct, and random assignment of cases to judges. If implemented (a big if),these are major steps toward rule of law reform. End summary. Background: A Troubled Judiciary -------------- ¶2. (SBU) For some time, it has become increasingly clear that Macedonia's judicial practices do not fully comply with the European Convention on Human Rights (ECHR) and international fair trial standards. In addition, a number of judges have privately told us of ever-increasing executive interference in the judiciary, primarily -- but not exclusively -- through GoM manipulation of the recently-formed Judicial and Prosecutors' Councils. We and our international partners here had strongly urged the formation of such councils for both prosecutors and judges in order to increase transparency and the role of peers in hiring, firing, and promotions. Unfortunately, many judges and prosecutors have told us that Justice Minister Manevski has used his ex-officio seat on both councils to intimidate other members and control the decision-making process. ¶3. (SBU) Macedonia's criminal justice sector is not only troubled by executive meddling. There is little or no tradition of transparency in court proceedings; judges who innovate by posting rulings online are chastised. Perhaps even more troubling, defense attorneys complain of ever-increasing difficulties in accessing their clients in detention. The justice system is troubled. Progress: Gruevski Turning Around? -------------- ¶4. (SBU) However, the tide may be turning. Ambassador, DCM, and Department of Justice Overseas Prosecutorial Development and Training Resident Legal Advisor (OPDAT RLA) successfully lobbied Prime Minister Gruevski at two separate meetings (May 29 and June 12, both in Manevski's presence) and secured his agreement to remedy key human rights concerns and to increase transparency and independence in the judiciary. ¶5. (SBU) Specifically, Gruevski has agreed to the following measures: - By July 1, the public can access a hard copy of all criminal and civil court decisions at all levels through the court intake centers. All decisions will be available via court websites by June ¶2010. Personal data will be redacted only to the extent strictly necessary as per the international law, i.e. European Court of Human Rights (ECHR) standards. - By July 1, defense attorneys will have free access to clients in detention during normal business hours with no court order requirement or other systematic requirement of approval by government to gain access. - Sessions of the Judicial and the Prosecutorial Councils will be open to the public as of their next sessions, including voting and all decisions taken. Prior to each session, the media will be informed of the date and the time of the Councils' upcoming sessions. - Judges who have not filed financial statements as mandated by the anti-corruption laws will be reprimanded and will have 15 days to comply. Those who fail to do so will be removed from the bench and subject to misdemeanor charges. - The criteria for appointment of judges will be revised to include knowledge of ECHR case law among the required qualifications of candidates. - As of January 1, 2010, the new U.S.-funded computerized case management system for the courts will be fully operational to ensure random case distribution among judges and fully computerized case-processing. No More Justice in Secret -------------- ¶6. (SBU) At a May 29 meeting with PM Gruevski and his cabinet on U.S. assistance programs, RLA pressed for public access to criminal and civil court decisions at all levels and for the right of defense attorneys to meet privately with their clients in detention. On access to court decisions, we pointed out that this is required by SKOPJE 00000300 002 OF 002 the International Covenant on Civil and Political Rights (ICCPR) as well as the ECHR. Macedonia is a signatory to both conventions, yet the public does not have regular and automatic access to decisions, and the authorities use data protection legislation to blunt public access. RLA cited the ECHR as requiring that court proceedings be public to protect the people against the administration of justice in secret and to increase public confidence in the courts. It is the responsibility of any government to narrowly tailor redacted information and otherwise produce decisions in their entirety. After some discussion, PM Gruevski overruled Justice Minister Manevski, and said he would instruct that all judgments be made available to the public in hard copy through the court intake centers by July 1 and that they become available via the courts' websites by September 1. In our June 12 discussion, he allowed the Justice Minister one year to make all decisions available on-line. You Have the Right to an Attorney -------------- ¶7. (SBU) On the issue of access to defense attorneys, RLA noted that the Sutka prison in Skopje is particularly problematic in that attorneys are often denied access to their clients and, if allowed access, it is too short and not in private. Justice Minister Manevski commented that attorneys are allowed to visit their clients with a court order, but RLA pointed out that the ECHR mandates free access of attorneys to clients without any court order or other governmental permission. Interior Minister Jankuloska argued that prisons do not have enough personnel and space to provide for adequate access. RLA countered that the ECHR has specifically stated that lack of funding or resources does not excuse human rights violations. PM Gruevski directed the MOJ to provide that defense attorneys have free access to clients in detention during normal business hours -- with no requirement of a court order - by July 1, 2009, but added it may take a bit longer for full implementation. Gruevski Confirms Commitment -------------- ¶8. (SBU) Charge and RLA Called on PM Gruevski on June 12 for follow-up, on Gruevski's request. Gruevski was joined by Manevski and the PM's UK-funded anti-corruption advisor, Monica Macovei. We and Macovei emphasized the need to implement public access to court rulings as soon as possible. RLA expressed concern that the President of the Supreme Court was issuing guidelines to order judges to redact all names from published decisions, which is not in line with ECHR and ICCPR standards. Macovei and the RLA urged that the courts limit redaction that is confined to juvenile cases and other strictly sensitive material. The PM agreed. ¶9. (SBU) On the issue of access to defense attorneys, Manevski reported that he had already issued a letter to court presidents telling them not to issue orders for attorney visitation since they are no longer necessary. Gruevski instructed Manevski to include language in the draft revision to the Criminal Procedure Code formally mandating attorneys' free access to detained clients. As noted para 5, Gruevski agreed to a wide range of other key reforms in the judiciary. ¶10. (SBU) COMMENT: While Gruevski's agreement to these key justice system reforms is a significant step, the real issue is whether Manevski and other justice officials will implement these changes (and whether Gruevski will insist). Gruevski may have been motivated in part by a desire to embarrass Manevski, who key ruling party contacts tell us is increasingly a liability to the PM. More positively, this may also be an indication that Gruevski intends to use his overwhelming political advantage (control of parliament and the presidency) to pursue needed reforms. Macedonia in recent years has been long on superficial statutory reform but very short on effective implementation. We will closely monitor the actual progress in implementing the agreed action items. These findings will help post make recommendations on the future of U.S.-funded justice sector technical assistance for Macedonia. NAVRATIL