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To State Capture in North Macedonia

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To State Capture in North Macedonia BLIND JUSTICE: TO STATE CAPTURE IN NORTH MACEDONIA JUDICIARY, PUBLIC BLIND JUSTICE:TO STATE CAPTURE IN NORTH MACEDONIA - JUDICIARY, PUBLIC PROSECUTION AND POLICE PROSECUTION PUBLIC - JUDICIARY, MACEDONIA IN NORTH CAPTURE STATE JUSTICE:TO BLIND PROSECUTION AND POLICE BLIND JUSTICE: TO STATE CAPTURE IN NORTH MACEDONIA JUDICIARY, PUBLIC PROSECUTION AND POLICE Blind Justice: To State Capture in North Macedonia Judiciary, Public Prosecution and Police Publisher: Foundation Open Society – Macedonia For the publisher Fani Karanfilova - Panovska, executive director Editor-in-Chief : Rosamund Taylor Editors: Danche Danilovska – Bajdevska, Foundation Open Society – Macedonia Arta Jusufi, Foundation Open Society – Macedonia Ana Petrusheva, BIRN Macedonia – Balkan Investigative Reporting Network Tamara Chausidis, BIRN Macedonia – Balkan Investigative Reporting Network Srdjan Cvijic, Open Society European Policy Institute Implemented by: BIRN Macedonia – Balkan Investigative Reporting Network Foundation Open Society – Macedonia Helsinki Committee of Human Rights Institute for Human Rights Coalition “All for Fair Trials” Authors: Goce Trpkovski Vasko Magleshov Aleksandar Dimitrievski Gordan Kalajdzjiev Denis Preshova Margarita Caca Nikolovska Vera Koco Darko Avramovski Proofreading: Abakus Design and print: KOMA Circulation: 200 Free non-commercial circulation Skopje, May 2020 CIP - Каталогизација во публикација Национална и универзитетска библиотека "Св. Климент Охридски", Скопје 347.97/.99:32(497.7)"2006/2016" 351.74:32(497.7)"2006/2016" 355.40:32(497.7)"2006/2016" ЗАСЛЕПЕНА правда : до заробена држава во Северна Македонија - судство, јавно обвинителство и полиција / [автори Гоце Трпковски ... [и др.]. - Скопје : Фондација Отворено општество - Македонија, 2020. - 154 стр. : фотографии ; 30 см Фусноти кон текстот. - Други автори: Васко Маглешов, Александар Димитриевски, Гордан Калајџиев, Денис Прешова, Маргарита Цаца Николовска, Вера Коцо, Натали Петровска, Дарко Аврамовски ISBN 978-608-218-287-2 1. Трпковски, Гоце [автор] 2. Маглешов, Васко [автор] 3. Димитриевски, Александар [автор] 4. Калајџиев, Гордан [автор] 5. Прешова, Денис [автор] 6. Николовска, Маргарита Цаца [автор] 7. Коцо, Вера [автор] 8. Петровска, Натали [автор] 9. Аврамовски, Дарко [автор] а) Правосуден систем - Политички влијанија - Македонија - 2006-2016 б) Безбедносен сектор - Политички влијанија - Македонија - 2006-2016 COBISS.MK-ID 51461381 CONTENTS EXECUTIVE SUMMARY .................................. 6 The structure and organization of the Policy recommendations to the European Republic of North Macedonia’s judicial Commission and the system ..................................................... 58 Government of North Judicial Independence Under Siege ..... 62 Macedoniaа .............................................. 10 The Judiciary In North Macedonia: the INTRODUCTION............................................ 13 Process for Selection, Performance Methodology ............................................. 14 Evaluation, Career Advancement and CS1: The State Attack on Open Society .. 15 Dismissal of Judges ................................ 71 CS2: Macedonian prosecutors can Dysfunctionality and Political Interference do as they please ..................................... 24 in the Public Prosecution, the Police and СS3: State Capture in the Story of Secret Services ........................................ 85 Captured Court Software ......................... 30 Abuse of the Automated Court СS4: Is public office the best protection Case Management Information System against jail? .............................................. 36 (ACCMIS) ................................................... 99 СS5: Justice helpless in the face of The (ab)use of detention ...................... 106 unlawful pardons ..................................... 43 СS6: Detention as Punishment for Common People ....................................................... 52 Blind Justice: To State Capture in North Macedonia Judiciary, Public Prosecution and Police | 5 ACRONYMS LIA LAW FOR INTERNAL AFFAIRS LP LAW FOR POLICE ACCMIS AUTOMATED COURT CASE MANAGEMENT LPP LAW ON PUBLIC PROSECUTION SYSTEM LSPPO LAW ON THE SPECIAL PUBLIC PROSE- AJPP ACADEMY FOR JUDGES AND PUBLIC PROSE- CUTOR’S OFFICE - LAW ON THE PUBLIC CUTORS PROSECUTOR’S OFFICE FOR PROSECUTION ANS AGENCY FOR NATIONAL SECURITY OF CRIMINAL OFFENSES RELATED TO AND BPPO POCC BASIC PUBLIC PROSECUTOR’S OFFICE FOR ARISING FROM THE CONTENT OF ILLEGAL PROSECUTION OF ORGANIZED CRIME AND INTERCEPTION OF COMMUNICATIONS CORRUPTION MI MINISTRY OF INTERIOR CC RIMINAL CODE OF REPUBLIC OF NORTH OSCE ORGANISATION FOR SECURITY AND CO-OP- MACEDONIA ERATION IN EUROPE МD MINISTRY OF DEFENCE PP PUBLIC PROSECUTION CPC CRIMINAL PROCEDURE CODE RNM REPUBLIC OF NORTH MACEDONIA DUI DEMOCRATIC UNION FOR INTEGRATION SCD SECURITY AND COUNTERINTELLIGENCE DI- EC EUROPEAN COMMISSION RECTORATE ECHR EUROPEAN COURT FOR HUMAN RIGHTS SCPC STATE COMMISSION FOR PREVENTION OF ECHR EUROPEAN CONVENTION ON HUMAN RIGHTS CORRUPTIONSDSM SOCIAL DEMOCRATIC UNION OF MACEDONIA EU EUROPEAN UNION SEC STATE ELECTION COMMISSION FP FINANCIAL POLICE SPO SPECIAL PUBLIC PROSECUTION HPPO HIGHER PUBLIC PROSECUTOR’S OFFICE UN UNITED NATIONS IA INTELLIGENCE AGENCY VMRO-DMPNE INTERNAL MACEDONIAN REVOLUTIONARY ICH INSTITUTE FOR HUMAN RIGHTS ORGANIZATION – DEMOCRATIC PARTY FOR LEC LAW ON ELECTRONIC COMMUNICATIONS MACEDONIAN NATIONAL UNITY LFP LAW ON FINANCIAL POLICE EXECUTIVE SUMMARY Democracy in North Macedonia was under As illustrated in the 2017 Priebe Report, serious threat for almost a decade. In the pe- the capture of the judiciary happened when a riod 2006 -2016, the judiciary, public prosecu- small number of judges in powerful positions tion, police and media were under the control abused the judicial system to gain power and of the former government of the Internal Mac- promote both their personal interests and edonian Revolutionary Organization – the Dem- those of governing elites. Moreover, unclear ocratic Party for Macedonian National Unity and unsupported decisions on the selection (VMRO-DPMNE) and its leader, Nikola Gruevski. and dismissal of many public prosecutors and Critical academics, journalists and civil socie- judges confirm what the wiretaps suggested ty activists, as well as opposition politicians, about political interference in these process- were silenced and many of them were perse- es. Statistics also demonstrate a lack of will- cuted. During this decade, a small group of rul- ingness on the part of the public prosecution ing party politicians and government officials to investigate high-level corruption cases. controlled all state institutions. Then came Furthermore, judges and public prosecutors the 2015 scandal over the illegal wiretapping abused detention measures and violated the of more than 20,000 people, masterminded by presumption of innocence by detaining sus- former Prime Minister Nikola Gruevski and his pects when the targets of these prosecu- counterintelligence chief. After the contents tions held political power. This was not the of wiretapped conversations were publicly case when politicians and government mem- disclosed, in its 2016 progress report the Eu- bers faced criminal charges. In these cases, ropean Commission described the country as politicians seem to enjoy immunity, as many subject to ”state and institutional capture”, of those accused of criminal offenses were reaffirming the findings of the Priebe-led sen- pardoned under discretionary authority held ior experts’ group published in June 2015. by the President of State, or were not sen- Today, despite the fact that VMRO-DPMNE tenced. Following a political crisis triggered is no longer in power and its leader and for- by the wiretapping scandal, the Special Pros- mer Prime Minister Gruevski is in exile in Vik- ecution Office was established in 2015 by mu- tor Orbán’s Hungary, traits of state capture tual agreement among the four major political still remain in the judiciary, public prosecution parties, brokered under EU mediation. Unfortu- and police. We must uncover the extent of the nately, this institution also failed, with charg- “state capture” in order to be able to under- es raised against the chief special prosecutor stand existing institutional weaknesses, but on the grounds of “abuse of public office and also to develop strategies for early detection, duty” in yet another corruption scandal. prevention and proper sanctioning of such The research presented in this publication abuses. Through examples and real-life cases, was commissioned by the Open Society Eu- this publication highlights specific manifesta- ropean Policy Institute and conducted by the tions of the state “capture” and their conse- Balkan Investigative Reporting Network Mace- quences. donia, in a joint effort with the All for Fair Trials Coalition, Institute for Human Rights, Macedo- Blind Justice: To State Capture in North Macedonia Judiciary, Public Prosecution and Police | 7 nian Helsinki Committee for Human Rights and sion of responsibility among those involved, the Foundation Open Society - Macedonia. the report confirmed that the highest judicial In particular, the research identifies several authorities in the country had intentionally ways in which political interference interfered manipulated the system over a period of about in the justice system when it was subject to five years (2013 - 2017). state capture, and how existing system- Culture of absolute impunity of politicians ic weaknesses pertaining to the rule
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