The proposal to nominate judge Dobrila Kacarska as Constitutional Court justice would mean a promotion for a person who is internationally noted for violations of the Constitution. Kacarska, one of the most loyal judges of the Zaev regime, was nominated to seat in the court which has unprecedented power to examine laws and regulations.
She is best known for the major trial over the April 2017 incident in the Parliament, where she tried a number of opponents and critics of the Zaev regime to lengthy prison sentences for “terrorism”. Her violations in the trial were named in a Columbia University report on violations of freedom of expression, after the Constitutional Court quashed her decision to fine defense counsels for protesting in the court.
During a large terrorism related trial in 2018, the court moved the proceedings to a room where there was inadequate seating and desks for the numerous lawyers to work. After the Judicial Committee rejected a formal request for appropriate seating, all the defense attorneys stood in silent protest and were subsequently issued a 1000 Euro fine each for disturbing the court proceedings. The Constitutional Court, highlighted the important role defense attorneys play in the rule of law and applied the three-part test of the European Court of Human Rights to demonstrate that the imposition of the fines by the Basic Criminal Court Skopje and the Appeal Court Skopje, were not necessary in a democratic society, the Columbia University newsletter noted.
Kacarska could not sit in the Constitutional Court – which found that her actions constitute a violation of the law. The press wrote extensively about her eagerness to use a discredited witness who was offered a deal by the prosecutors to sentence opposition officials for “terrorism”.
Kacarska was also named during the Racket trial. A prosecutor who was interrogated to determine the extent of corruption on part of Special Prosecutor Katica Janeva, testified that Kacarska was trying to sabotage the money laundering trial against businessman Jordan Orce Kamcev. Kacarski acknowledged that she has extensive family ties to Kamcev, but denied trying to help him avoid prosecution.
It’s unclear whether the ruling majority, which is operating with the bare minimum of votes needed to sustain the Government, will have the votes necessary to actually appoint Kacarska to the court.