The government will not interfere in the judiciary, it will just watch !?

protest monster
Peaceful protests were held in April this year on the occasion of the court decision in the case "Montrum" / Skopje, April 2, 2021 - Photo: Free Press / Dragan Mitreski

Prosecutor Vilma Ruskoska said that politics and law should not be confused and there is no basis for repeating the trials in these cases, and the Ministry of Justice says that the monitoring of court cases is not a novelty and is already being done for other cases.

The stability of the judiciary and the trust of the citizens in its independence is being undermined, and the executive is impermissibly interfering in its work, legal experts are reacting these days after the announcement of a possible international investigation or monitoring of several final verdicts, such as "Monster", "Wild Settlement". , "Alfa" and others, as a result of the coalition agreement of SDSM and Alternative for forming a new parliamentary majority and government.

The Prime Minister Zoran Zaev explained that the request of Alternative was accepted due to the shaken trust in the judicial system, but that does not mean that the trials will be annulled and repeated. According to the opposition VMRO-DPMNE, "whenever there is any theft or sale of state interests, the government turns the topic to national rhetoric, review of court cases and security."

The Minister of Justice Bojan Maricic says that monitoring is not a novelty, that there are organizations that monitor trials, and some of these cases are already wanted for monitoring, as well as other cases that were tried during the former government.

- The government has asked for help from the EU to monitor cases of high corruption, as well as some legal solutions in parliament. There are different cases, completed and unfinished. We as the Government have requested monitoring from the EU, 20 cases of high corruption are monitored, there are cases of the SPO, and there are others. This is not the first time this issue has been raised, but the most important thing is that it does not have a political impact on the outcome and the substance of the cases. "It would not be a problem for anyone, and the verdicts are up to the prosecution and the judges," Maricic told Telma.

According to him, the executive will not interfere in either the judiciary or the Prosecutor's Office, but will only monitor.

The prosecutor Wilma Ruskoska said politics and law should not be confused and there was no basis for retrials in these cases.

- We must not confuse the law and the judiciary, especially since these crimes, for which the proceedings were conducted, do not belong to crimes against humanity and international law. "There is no legal basis to request a repeat or international review of these crimes," Ruskoska said.

According to her, the request for the case "Wild Settlement" is especially disputable, which is still in the Supreme Court and with these announcements a political influence is exerted on the decision that this court should make.

Natali Petrovska from the Coalition for Fair Trials asks, if an international investigation is requested for these cases, does that mean that other cases can be requested tomorrow.

- Is not that a way to completely undermine trust in the judiciary? Here we have an undermining of the independence of the judiciary. How will the executive give it independence if it makes random decisions that require a review or investigation? The executive is not the one that should review the work of the judiciary - says Petrovska.

According to the professor of criminal law Gordan Kalajdziev, if there are irregularities, they should be resolved within the country, and not through the involvement of a foreign factor.

- Although justice must not be underestimated and, for those who are wrongly convicted, it is probably a priority issue, from a state point of view, this recognition of the state that there are political processes that can not be dealt with and seeks outside help, shows us in very bad light. "I think it not only sacrifices the law, but also the European integration," said Kayaldziev.

The Judicial Council says that the Law on Criminal Procedure and the Law on Civil Procedure clearly stipulate the conditions under which there may be a repetition of a certain case.

- How and for what purpose an international commission will be formed, the Judicial Council has no information, but has the right and obligation to indicate consistent compliance with the laws and court decisions - say the Council.

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