The Purge of Judges

Dispensing Justice According to the Law Prohibited

In contravention of the law, the Assembly of Serbia has relieved of duty 19 respectable judges, opting for overt repression instead of hitherto, more subtle pressures, on the judiciary.

AIM Podgorica, July 16, 2000

(From AIM Correspondent from Belgrade)

On July 12, in Belgrade and Pozarevac (Slobodan Milosevic's hometown) 19 respectable judges were thrown out of work by a single move of the Assembly of Serbia. Justice Minister Dragoljub Jankovic denied that the judges were relieved because of their opposition views. "The law allows judges to be members of all parties, and no one was, nor will be suspended for that reason. This is just the matter of actions some of them have taken as leading personalities of their parties or behaviour which is incompatible with judgeship", said the Minister, who is incidentally a prominent member of the Yugoslav Left, party of Milosevic's wife, Mira Markovic. Jankovic was not quite imprecise: the majority of suspended judges did not belong to any party nor were politically active.

JUDGEMENT WITHOUT A CHARGE: The first on the list of relieved judges was Miroslav Todorovic, judge of the District Court in Belgrade with 35 years of experience. He was suspended because "as a member of the so called organisation "Otpor" he has often spoken publicly although he knew very well that this organisation had not been registered with the competent state authorities and that it was carrying out activities aimed at overthrowing state authorities by unconstitutional means". Also other 13 judges were suspended for being opposing Todorovic's dismissal. A judge of the Municipal Court in Pozarevac was sacked for "participating in a rally organised by political parties of the opposition" on May 9 in that town, also the District Public Prosecutor in Pozarevac who, according to explanation, "is engaged in private entrepreneurship, as well as other activities by which he makes profit", etc.

Practically all elements of legal proceedings for the suspension of judges have been violated. "To this very day I have not received any information on my suspension. I was secretly informed about my replacement from a woman from the administration who told me who was on the elimination list prepared by the Ministry of Justice", told the AIM a suspended judge of the Second Municipal Court in Belgrade, Gordana Mihajlovic, adding that everything had been done as if "the judgement was passed without any previous charges".

THE UNGODLY PRIEST: Judges, non-regime professional associations and opposition parties unanimously condemned this move assessing that it represented an act of open repression and definite breakdown of judiciary. "The veritable ruin of judiciary occurred after the rigging of 1996 elections. There were many similar things before, but also certain limits, while pressures were less open. However, as nothing happened to the main perpetrators of that theft - the then President of the First Municipal Court in Belgrade and current Justice Minister Dragoljub Jankovic, nor to the President of the Supreme Court of Serbia, Balsa Govedarica, - but quite the opposite - the true vandalism started", told us Gordana Mihajlovic, adding that no one else but thieves are heading the courts: "It is clear what kind of church you can have with an ungodly priest in charge".

THE EXTREME MEASURE: Before it started firing judges, the regime tried to resolve things by means of other measures. For example, it is well known that salaries of the judiciary are extremely low (about DM 150). If a judge cannot find a solution to his housing problem on his own, but only with the aid of his court, i.e. Ministry that gives the money - the temptation is inevitably great. Criteria for the allocation of flats on the basis of years of service, lack of housing space and number of family members no longer apply - it is now exclusively a matter of merits. Flats are now directly negotiated - so if you conclude the case as it is expected of you - you will get a flat. For example, everyone in the First Municipal Court, which covers the municipality of Stari Grad, where all the major media are located - got a flat. In the Fourth Municipal Court, which is in charge of execution of decisions, very few judges had such luck. Courts are manipulated in various ways. For example, if it is in someone's interest to have a specific judge try his case, and since cases are given to judges according to a pre-determined order, that person will wait for the turn of "his" judge to file his suit. If his timing is not good, and an incorruptible judge gets his case - it will simply be taken from him and given to someone else.

SNITCHES: Naturally, the judges who "aspired" to administer justice according to the law were denied promotion, and were often even demoted. Gordana Mihajlovic was a judge of the Municipal Court for 16 years, without any prospects for promotion. She stepped on the toe of the Court's President as his deputy and resigned after the rigging of 1996 elections. After that, during her absence, she was simply transferred to the Department of Labour Disputes. For a month and a half she refused to try cases.

"That means that the decision on some 200 cases was postponed for two-three months, which harmed many parties. According to the law, they could have relieved me of duty even then, but who cares for parties any more?" In the Second Municipal Court one unsuitable judge ended up in the Department for Extra-Judicial Proceedings - which is a total degradation. His colleague from the First Municipal Court was transferred to the Archives for Legal Aid - which a job of an expert associate and not a judge. Finks were found to spy on the judges. According to the judges themselves, some were forced to work without their usual clerks in whose place others were brought who served as stoolpigeon for the authorities. Even jurors were sometimes used for that purpose - very frequently those were retired SPS members who would prick up their ears during coffee breaks and eavesdrop on conversation between judges and lawyers, registering all kinds of politically suspicious comments.

It yet remains to be seen whether judges all over Serbia will revolt because of this Assembly's move - or will bow their heads and pray to the Almighty to be spared the same destiny. The experience so far shows that this is not the time of heroes. Somehow, people worry more how to survive, if possible.

Roksanda Nincic

(AIM )