MACEDONIA: PM GRUEVSKI AGREES TO KEY JUDICIAL REFORMS

UNCLAS SECTION 01 OF 02 SKOPJE 000300

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TAGS: PGOV PHUM MK
SUBJECT: MACEDONIA: PM GRUEVSKI AGREES TO KEY JUDICIAL REFORMS

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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

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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