Open letter Via Iuris to the Slovak Prime Minister

On January 26, VIA IURIS sent an open letter to the Slovak Prime Minister. We ask him to take responsibility for the situation in the Slovak judiciary. We also point out why we consider the disciplinary proceeding against Judge Miroslav Gavalec an insult to democracy, justice and rule of law.

Five Sentences

We consider the efforts of competent authorities to punish judges for their publicly expressed opinions on relations in judiciary as another signal that threatens free discussion on situation in Slovak judiciary. Our work is difficult in such environment and we are very sorry for the evidently growing disbelief in public against judiciary. It is necessary to freely discuss reasons of such situation, and atmosphere of fear where a judge cannot express any controversial and provoking opinion reflects means lack of freedom of spirit. Free spirit is not only a right but also the obligation of a judge. Any citizen has the right to a free judge.

Application to Council of Europe

COUR EUROPÉENNE DES DROITS DE L’HOMME
EUROPEAN COURT OF HUMAN RIGHTS
EURÓPSKY SÚD PRE ĽUDSKÉ PRÁVA

Conseil de l’Europe - Council of Europe
Strasbourg, France

Rada Európy
Štrasburg, Francúzsko

REQUÊTE
APPLICATION
SŤAŽNOSŤ

Analysis of Current Situation in Slovak Judiciary

15 judges in their letter of 2 September 2009 informed the top constitutional officials  about disciplinary procedures against judges that would purposefully remove some judges from judiciary or are threatening and mobbing. Truth of the letter was confirmed by disciplinary motions against judges following published letter. Peter Paluda, Judge of the Supreme Court was suspended his judicial position because he filed a criminal motion against the Chairman of the Supreme Court. Jana Dubovcová the Judge of the District Court in Banská Bystrica was suspended her judicial position because of her critical opinions related to judiciary and to the Chairman of the Supreme Court. Both judges were proposed the strictest disciplinary punishment of removal from their judicial positions. These are similar cases as the disciplinary procedure against the Judge Darina Kuchtová for her evidence in criminal procedure, the disciplinary procedure against the Judge Anna Benešová with motion for removing her from her judicial position with suspended position because she did not allow recording at a hearing, and other cases reported in the open letter.

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P.O.BOX 112, 840 05 Bratislava, Slovakia
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