opinion

 

Magistrates, transparency and participation

by Raúl Leis R. --- raulleisr@hotmail.com

The Alliance For Justice, by way of an open letter (signed by more than 30 associations) argues for compliance with the Pact for Justice with respect to election of Supreme Court of Justice (CSJ) magistrates.

It isn't necessary to sustain this argument, as the reality of justice today is reflected in the citizens' negative perceptions.

The Alliance says that, conscious of the importance to the country of having an independent justice system and that in a few weeks it must proceed to the selection of two new CSJ magistrates, we unite to ask the president of the republic to embrace the agreements in the Pact. They deal with the transparent and participatory mechanism in which the best jurists can be selected, so as to strengthen the independence and credibility of the judiciary.

The process for the selection of the magistrates should follow that agreed upon in the Pact, which consists of the approval of a decree of self-regulation by the executive branch, which contemplates the disclosure of the names of all the candidates and their judgments, the formation of a committee made up of professional and civic organizations to evaluate the resumes of the hopefuls and return to the president a list of candidates who meet a previously stated profile. This participatory mechanism will permit better transparency in the selection process and will improve the perception about the judiciary's independence.

The country needs a CSJ made up of magistrates who act with independent judgment, who believe in transparency and human rights, and who dispense jurisprudence for democracy. Thus, in addition to the constitutional requisites, the would-be magistrates should:

·        show moral solvency and recognized prestige;

·        demonstrate participation in the promotion and defense of human rights and democratic values that's recognized by the community;

·        make a sworn declaration of his or her property holdings;

·        have judicial experience and academic preparation;

·        demonstrate his or her fundamental knowledge in the legal speciality of the branch to which appointment is sought;

·        know about social planning and scientific investigation;

·        support citizens' participation in the solution of problems with justice;

·        have a record of active or voluntary participation in organizations that support the strengthening of the rule of law;

·        have participated in the creation and codification of laws and procedures to improve the legal system;

among other things.

The chief executive should demonstrate to the country a real disposition to support the clean-up of our justice system. This is an opportunity to do so.