Judicial reform must be conducted only in accordance with the law

June 14, 2002

The Belgrade Centre for Human Rights protests against frequent assaults on the principle of judicial independence and autonomy in Serbia. These attacks seriously bring into question the sincerity of the declared resolve for genuine reform and the establishment of an independent judiciary. The Government’s and Prime Minister’s calls for the dismissal of errant judges, for stepping up proceedings, punishing the senior officials of the former regime and more efficient trials are, of course, justified. The manner in which these legitimate views have been expressed and the inappropriate approach of the Prime Minister and Justice Minister to dealing with alleged negligence and the slow pace of judicial reforms give, however, rise to concern.  The judiciary is a branch of power, not a body of the Serbian government or another executive authority. Government members and civil servants can thus express their concern, even dissatisfaction, but cannot keep records of when judges come to work.

The Serbian judiciary is now regulated by laws adopted in 2001, laws proposed by the current Government and adopted by the deputies of the Assembly in which DOS and DSS boast a majority. All those laws protect the principle of independence of the courts and prosecutors. Everyone, including the Government, the Prime Minister and Ministers, should abide by them because they pertain to everyone, including them.