Judges’ Association of Serbia on 13.12.2011 submitted to the Ombudsman Sasa Jankovic complaint against a High Judicial Council
News21.12.2011.
Judges’ Association of Serbia on 13.12.2011 submitted to the Ombudsman Sasa Jankovic complaint against a High Judicial Council (HJC), and proposed to the Ombudsman to take action, including a motion for dismissal of members of this body of judicial governance.
Complaint referrers to the problem of legality and legitimacy of HJC proceedins, especially after the arrest of a judge Blagoja Jaksic, the resignation of Judge Milomir Lukic, and. unresolved status. of prof. Predrag Dimitrijevic, who are permanent members of the HJC permanent composition. Such work is reflected not only on the legality of the decisions on appeals of none reappointed judges, but will affect the legality of all other decisions that VSS is to make, including the election of the courts presidents which is pending.
Judges' Association in particular has highlighted the intimidations of judges continuously done by the highest officials, some of which are HJC members, and the lack of HJC actions related to that, though HJC is constitutional guarantor of judicial independence.
By these acts HJC violated the right to a fair trail and the constitutional prohibition of discrimination of the non-reappointed judges, undermined the constitutionally guaranteed permanence of judicial office, which forms the basis of judicial independence, of the (re)appointed judges, аnd jeopardized the right to an independent and impartial tribunal of the citizens of Serbia.
The HJC has thus destabilized the judicial system in Serbia instead of contributing to its improvement.
The complaint can be downloaded here.
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