If you think all the offending judges are already packing up, you're wrong. Worse yet, case files are suddenly starting to disappear, and some are "burning."
The first thing we need to do is implement judicial reform, which must become the foundation of the new state. Without honest and transparent courts, we will have no foundation, and without a foundation, the building will not stand for long.
What are the main objectives of judicial reform?
First, ensure equal access to justice for all Ukrainians. Today, if your opponent is an ordinary person, not the state, a government official, or an oligarch, you have a chance to defend your rights. Otherwise, your chances are slim to none. Law and order are on opposite sides of the barricades, resulting in lynchings and sham lustrations.
Second, restore investor confidence. At every meeting between business and government, the first issue raised is protecting private property and investment. Businesses demand action; they no longer trust the words and promises of politicians. And until entrepreneurs feel they can defend their rights in Ukrainian courts, our economy will resemble a seriously ill patient who receives occasional injections to keep him alive, but receives no treatment. The risks to business in Ukraine are extremely high, and the courts are one of the most significant risk factors.
We all remember how arrests took place in the winter – without lawyers, often at night, in order to lock people up in prison as quickly as possible.
Where should judicial reform begin?
For me personally, programs, concepts, numerous roundtables, and speeches by anyone trying to score points on this topic won't be the harbinger of real change. The cleansing of the judiciary must begin with those who, completely disregarding their oath and morality, carried out the orders of the Yanukovych regime during the Maidan, jailing dozens of people on trumped-up and falsified charges. In Kyiv alone, approximately 275 court hearings were held, and 400 people were detained. We all remember how this happened – without lawyers, without medical care for the victims, often at night, so that people could be locked up as quickly as possible for the next two months. Do these judges have the right to continue holding their positions? Absolutely not. And as long as they remain in the judicial system, trust in it will never be restored.
The Temporary Special Commission for the Review of Judges of General Jurisdiction is currently in operation. One of its goals is to retire judges who made unjust decisions against Euromaidan participants. As of October 10, the Commission had received 999 complaints, 738 of which it had already reviewed. The Commission will accept complaints about violations in the courts until December 12. Any Ukrainian citizen can submit such a complaint or point out a violation.
But if you think all the offending judges are packing their bags, you're sorely mistaken. The Supreme Investigative Committee (VSK) has found only six judges to have violated their oaths, handing over the documents to the High Council of Justice. They say many are trying to cover their tracks. Case files suddenly start disappearing, some of them "burning." In short, the laws of self-preservation and mutual responsibility are at work.
To prevent this, the trial of Euromaidan judges must be made as public and open as possible. This issue requires attention and public oversight. It may not be as widely publicized as others, but its significance is difficult to overstate.
It's not as if everyone is silent. The Ukrainian Legal Foundation has currently compiled an anti-rating of judges. Civil society organizations are starting to gradually get involved in this issue, but this is not enough. If we—politicians, democratic forces, and civil society activists—don't work together to demand justice, there will be no honest courts in Ukraine. And without them, there will be no Ukraine.
Ocasana Sold, New time
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