What is happening in the Macedonian judiciary is unbelievable. We live in a time when everything is possible. Depending on the political order and the personal interest of the judge. Neither laws nor practices or principles are important. And there is no shame about that.
Under the “bottom” there was another much deeper “bottom”
Despite the weaknesses in the judiciary by 2016, 2018 and 2019 are like a “new time”, but worse. What was thought to be bottom by 2016, today is “a better time” for the judiciary compared to today’s disorder, arbitrariness, politically ordered judgments, witch hunts and chaos.
There are countless examples of this. We wrote about one of them 2-3 weeks ago and since then nothing has been changed. Dobrila Kacarska and court’s president Ivan Dzholev seem unconcerned. Intoxicated by power, тхеѕ do whatever they want. Well informed people in the court say that these headlines suit them because in their world view it is good when the media mention them, even if it is for a bad thing. And when they are media that are not on the list of favorites of “boss” Zaev, they even feel that they are gaining respect in his eyes, that they share the same fate with him. Those who criticize him at the same time criticize them. So is there any better recommendation than: “We are from the same side boss …”. Yes, the despot will take them into account in the future.
If these judges after the change of power remain unpunished for the illegal work, there will not be reforms in the judiciary in the long run
Everyone is afraid to speak publicly, but do not refrain from commenting unofficially, and the dominant comment is that if after the change of power, the system does not get rid of and possibly sanction the arbitrariness of such characters as Kacarska, Dzolev, Vilma Ruskovska, Stavrev, Darko Todorovski, Dimishkova, Rexhepagic, Katica Janeva and her prosecutors, already retired Shopova and her successor from Kumanovo, Mileva, Peric and various other “invertebrate” judges and prosecutors working on a button, а remote, then at the very start it will be known that there will be no reforms in our judiciary for a very long time. These are the comments of many people from the court, judges, prosecutors, lawyers … who for fear of punishment do not want their names to be revealed.
They say this, adding that there is only one way for the next government to forgive these bad examples in the judiciary of non-professional and unlawful work, for serving of the party in power, and the demolition of the image and trust of the judiciary in the eyes of the people. This is if the new government accepts these “tragic”, and at this stage, cheerful and happy characters, to serve the new government just like SDSM. Their colleagues say that it is not enough to be just dismissed by judges. Some of them are already retired, so they will only open law offices sooner. No. They should be held accountable for conscious unlawful work. Only in that way justice will be served. Together with them the orderers of the judgments. From advisers to the top leadership.
Dobrila Kacarska until the last hearing together with Darko Todorovski led the “Bribe” case, and formally withdrew only for the act of public pronouncement of Zaev’s verdict by which he was acquitted of a crime where he apparently demands bribes.
Kacarska among the leaders of the party judiciary
At the same time, Kacarska, with no of evidence that they violated the law, convicted Gruevski, Popovski and Jankulovska, following Zaev’s public statement two weeks before the verdict for Gruevski and Popovski was handed down.
A judge who knowingly accepted the unrealistic qualification “terrorist threat to the constitutional order” for striking several kicks or fists, so that the defendants do not pass like anyone else in such a situation with a low sentence that would be either conditional or several months effective imprisonment, she gave the sentences of 15 years in prison to people who made a mistake in physical calculations but received an abnormal penalty. In addition to them, former Minister Cavkov and five other police officers from innocent made them guilty and gave them draconian sentences of 18 and 15 years in prison.
That judge continues to act as a “sheriff” in court. Satisfied with the support of the people in power, motivated by personal ambitions and greed for glory and power, she continues to behave illegally. For half a year, Kacarska unlawfully does not forward the appeal against the “Tank” case to the Supreme Court for decision-making.
Namely, after repeated inspections of what we have already published more than two weeks ago, we learned that even after almost half a year from the filing of the appeal on her judgment in the “Tank” case, she did not allow the Supreme Court to get it, consider and decide upon that appeal of Nikola Gruevski and Gjoko Popovski who, by the way, is in prison only because of that verdict because the second verdict against him by the same judge Dobrila Kacarska was denied by the Supreme Court and returned to a retrial.
Among other things, it was denied due to the fact that the lawyers and defendants have stated hundreds of times in public and in the courtrooms, and that is that the experts who conducted expertise in 80 percent of the cases of the SPO, including the cases “Tank” and “Trista”, where the same persons who worked in the same period when they did not have a license.
The law requires the judge in a basic court to forward the appeal to the Supreme Court, which is formally submitted to the basic court, within 30 days. In practice over the decades, judges always sent appeals within one or two days, not waiting for the 30-day deadline. Kacarska keeps it and does not forward the appeal of Gruevski and Popovski to the Supreme Court for whole 6 months. And no one does anything about it.
All participants in the process should be held accountable, not just Kacarska
One day when a revision of the unlawful work of judges is to be conducted, the Judicial Council should not be skipped, whose members, although they know about this, have long been advised by the lawyers, to not react and thus allow the unlawful work of Kacarska.
Together with Kacarska, all members of her council, as well as the second judge Darko Todorovski and jurors, should be held accountable for all unlawful acts, because as much as Kacarska is dominant, however, the decisions are taken together with each vote and everyone is responsible for their actions individually.
Such a precedent has not happened in the history of the Macedonian judiciary.
The judge who adopted the verdict, fearing that the Supreme Court will annul the decision, as it had already annulled it in the “Trista” case, keeps the appeal in the drawer and it does not allow the Supreme Court to decide on it, with one of the defendants precisely because of that verdict, being in prison serving the sentence, while the other was granted political asylum for political persecution by the government that controls the justice system in an EU and NATO member state.
The Supreme Court is under heavy pressure from the government
We can only imagine under what pressure the Supreme Court is and will be to force it to confirm the unlawful work of such judges controlled by the authorities.
It is indeed, evident that a public media and institutional campaign is being conducted against the President of the Supreme Court in order to discredit him and force co-operation with the government. There is no reaction from the European Union and other countries and institutions that represent the international community.
Those who should not stay silent are also silent. Revanchism is already drawn
President Gjorge Ivanov is also silent, for whom there is information that he was intimidated and blackmailed by the government, and therefore even after apparent politically ordered verdicts, the unrealistic verdicts for terrorism with draconian sentences, after the beatings of former ministers in the detention, he does not react.
Time of fear. But every time of fear ends. Then begins a time summing up everyone’s behavior while the “occupation” lasted. Both from the public and from history. Some of them will come out as heroes, others embarrassed.
And unfortunately, the chances of revanchism after this outburst of political persecution are enormous: some Mitko will someday say to Zoran to run away …
And while this lasts, people, disappointed are moving. Irretrievably, the country is emptying.
Comments are closed for this post.