PRESS RELEASE
JSMP Expresses Concern About Personal Attacks Upon Court of Appeal Judges
JSMP : 23 July 2003
JSMP is alarmed by the recent pattern of criticism from members of government towards judges of the Court of Appeal of East Timor. Several statements appear to constitute personal attacks on individual judges, rather than fair comment on the content of judicial decisions.
JSMP believes
this practice is inappropriate in that it challenges the separation of
powers and judicial independence enshrined in the East Timorese Constitution.
The Court of Appeal has delivered two significant, but controversial,
decisions since June this year. The first decision, delivered on 30 June,
related to the constitutionality of the Immigration Draft Law. The second
decision, issued on 15 July, held that the subsidiary law to be applied
in East Timor is the law of Portugal, rather than the law of Indonesia.
The response from the government in each case has included comments that
the Judges of the Court of Appeal are incompetent and unprofessional.
JSMP would like to highlight that there is nothing wrong in critically
evaluating decisions given by Judges. Justice is not a secluded virtue
and some criticism must indeed be allowed from members of government,
media and civil society. But improper or excessive personal criticism
of judges as a response to dissatisfaction with their decisions constitutes
a serious inroad into the independence of the judiciary. Whatever the
form or shape of such criticism, it has the inevitable effect of undermining
public confidence and eroding the independence of the judiciary.
Judges should unquestionably be held accountable for their performance
in the fulfilment of their duties. Where allegations of improper or unprofessional
conduct arise, a proper procedure is provided by the Statute of Judicial
Magistrates.
"This is not to say that criticism of existing judicial process is
not warranted. Scrutiny of the judicial system is an essential element
of any democratic society and should be encouraged. Our interest in this
issue is the need to preserve the boundaries between fair criticism and
personal attacks on judges." - said JSMP.
Ends/