A fight in the Judicial Council because of a petition for a judge for nepotism and corruption

Session of the Judicial Council/Photo: Screenshot

When the members of the Judicial Council at today's 491st session presented a petition against the president of the court for nepotism, bias in hiring and serious accusations of receiving bribes, the president Vesna Dameva and Loreta Gorgieva, a member of the Council, quarreled over the further fate of this petition.

Gorgieva, who is the informant for the petition filed by an anonymous petitioner, explained that basically the case refers to the selection of employment following an advertisement for admission to the professional service of a court that required 23 executors for a certain period of time, of which 19 people were promoted, while 4 people dropped out of the procedure and four new people were hired in their place, and among those fired was a pregnant woman. The anonymous petitioner claimed that the four newly admitted persons were in close family and friendly relations with the president of the court, who in turn denied these accusations of nepotism. Gorgieva added to this petition the letter reviewed by the collegium of the Judicial Council on April 22 of this year with identical content, which was rejected on the grounds that the Council is not competent for employment and this is where the quarrel broke out:

- The letter states that the court resembled a judicial cooperation in which various goods are sold and there are indications that the person Silvana took an amount of 5.000 euros. There are serious allegations here that point to nepotism and corrupt behavior, and I suggest that the complaint together with the letter be closed with an official note that it is referred to competent action in the State Criminal Court and the Public Prosecutor's Office - requested Gorgieva.

- There are no such allegations in the complaint. The allegations are about employment and the Judicial Council cannot rule on them. We will put this letter for further consideration at the next session. Now let's vote only on the petition, to close it only with an official note, and those correspondences that were presented by the reporter should be forwarded to the competent institutions - said President Dameva and turned to her colleague to reformulate the proposal.

– Do not misreport and misformulate. The letters have only been attached as evidence to the petition because they refer to the same allegations and are identical. So the petition is with UPP number no. 08-65/24, and the letters inside, passed to a collegium with a different number, are just an attachment as evidence for the petitions - said Gorgieva and accused Dameva of selectivity and harassment.

Dameva asked to provide all those evidences that the colleague spoke about, to be presented and reviewed once again at a working meeting when the coordinator will be present, so that it can be determined afterwards whether they will be presented at the session and what has been decided.

– You propose that an archived, finished item be reconsidered. You have the intention of distorting things and you should be held accountable for that. The proposal is mine, put it to a vote, said Gorgieva.

Member Aleksandar Kambovski believed that the letter was not serious, it was submitted anonymously and there was no evidence of family ties with the president of the court. Employment procedures are subject to control by other authorities, he said.

What the present members of the Judicial Council agreed on was the decision to temporarily refer a judge to the Basic Court of Berovo and to determine the acting judge. president of the Berovo Court of Justice, while the judge from the Basic Court of Strumica, Biljana Ivanova, was temporarily appointed as the acting president of the Basic Court of Berovo until October 9, although a debate was opened as to whether a judge from the Basic Court of Stip should be appointed to the court in Berovo. OS Kocani or OS Strumica.

The Judicial Council made decisions on the termination of lay judges of the Basic Court of Struga and on the election of lay judges in the Basic Court of Struga, and also adopted Instructions for amending and supplementing the Instructions on the method of calculating effective working hours.

The Council also considered the Report of the Commission for the Ranking of Candidates for the Election of Ten Judges in the Skopje Court of Appeal, where disputed reports appeared, i.e. four judges who wanted to advance to the Skopje Court of Appeal, did not submit the documents required according to the announcement: certificate of citizenship , the diploma from the Faculty of Law and the diploma for passing the bar exam.

The members of the Judicial Council agreed that the candidates judge from the Tetovo District Court Betim Yahya, Branka Naumovska, judge from the Basic Criminal Court Skopje, Alexandra Pop-Stefania from the District Court Ohrid and Dijana Nacevska from the District Court Skopje are proven judges with sufficient judicial experience and therefore due to formal reasons, they should not be denied the opportunity to participate in the procedure for the selection of judges in the Appeal.

- The action of these judges hurt and disappointed me. These are judges who show disrespect for the announcement and the law, and they want to advance. The law is clear that they should have complete and orderly documentation in order to be put on the candidate list in order to be elected later - responded Loreta Gorgieva.

Dameva referred to the practice of the European Court of Human Rights (ECtHR) that "excessive formalism should not be allowed".

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