The right to trial

Universal Declaration of Human Rights: Article 10: Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Equity and objectivity of a court’s decision is immediately conditioned upon the fact if the court is independent and unbiased. By the book, courts work exclusively by the principle of professionalism, always reaching a verdict in accordance with the constitution and the laws. Such regime by itself implies regard for human rights and human dignity and ban for discrimination on any ground.

The right to defend before the court, the presumption of innocence, effective legal remedies and all other possibilities for protection of human rights are impossible to make benefit of if they are repressed in advance due to the partiality and corruptness of the court. The inefficient and corrupted judiciary is a disease of the society, it represses any social progress and it handicaps realization of basic human rights. As far as criminal charges are concerned, potential damage goes even further having in mind the seriousness of such legal proceedings and the potential sanctions the defendants face.

The judiciary is a continuous permanent weakness in Macedonia. All issues that are processed before the court often associate with long lasting and exhausting proceedings which very often end up in an unfair verdict and violation of human rights and dignity. We are all witnesses of various kinds of misdemeanor in the judiciary: starting from a clear breach of the presumption of innocence, all the way to unscrupulous attempts for bribery, political pressure, threats and intimidation. This only adds up to what contributes to deterioration of the reputation of the judiciary and it has a direct impact on the influence the important role of judiciary in the democratic society. Therefore, instead of being a way to protect one’s legal interest, appearing before the court essentially means stress and a possible deterioration of one’s reputation and dignity. Thus, people are those bearing the consequences of this phenomenon. Furthermore, this often has a lot to do with diminishing of the image of those who do their job in the judiciary system honestly and consistently; unfortunately, they are now rare and isolated.

We don’t want a judicial system that favors the ones capable of offering more for bribery! We don’t need a court that rules by the law of the stronger! Today, on the 10^th of December, the Day of Human Rights we claim for unconditional respect for human rights through adherence of laws and the constitution! Your case should be decided only by an independent and impartial court and that is no luxury or privilege – that is your right!

Alexandar Bogdanoski

Program Assistant, Civil – Center for Freedom