Valery Zorkin has sent the letter to Judicial council concerning carrying out of examination of resonant criminal cases
Yesterday the chairman of the Constitutional court Valery Zorkin on six pages has answered Judicial council presidium that he thinks of an independent expert appraisal of resonant criminal cases.
Both letters - and Judicial council, and the chairman of the Constitutional court - have been placed in the Network: a management “ judicial trade union “ has addressed in the Constitutional court last Thursday, and Zorkin has hastened to respond.
to Begin to argue over this theme Dmitry Medvedev who has approvingly responded about the initiative to subject to examination resonant criminal cases at a meeting with the council about development of a civil society and human rights two weeks ago has forced judges. The idea to spend an independent expert appraisal of business of Michael Khodorkovsky - Platon Lebedev was offered by judge KS in resignation Tamara Morshchakova. In the letter of Judicial council some arguments against this idea, but the most powerful from the point of view of the constitutional justice look point that at the statement of such practice citizens will appear in unequal position, and it “ contradicts an equality principle before the law and court “.
Zorkin declares at once that considers this document “ as the personal reference to me behind council “ therefore “ my answer is only council to colleagues “.
“ Independence of judges, being fundamental value of any democratic state, does not assume full closeness of the judicial case, - the chairman of the Constitutional court, - inadmissibility of influence on judges by means of the administrative methods incompatible with a principle of judicial independence is assured, does not mean impossibility of public reaction to activity of judicial system - in the form of discussion, the analysis and an estimation as decisions on separate affairs, and the whole directions of judicial activity “.
It reminds colleagues that they are free to participate in discussion and to give comments or not to participate, as “ the introduction of the decision into validity does not mean impossibility of its discussion and an estimation as does not exclude possibility of a miscarriage of justice “. Zorkin most decisively supports interest of a society to courts and judgements, differently trust level to system not to raise, and important not simply to publish the data, but also to inform “ to a society the information on motives and arguments in favour of acceptance of those or other decisions “.
Head KS also reminds that the Council status - advisory, and it means only public control, and “ no Council at the president which decisions have recommendatory character, possesses formally significant competence for an estimation of judicial certificates “. And here the president can use any authorities, expert groups or is simple consult on people during the trips.
- those have the right to select and consider Council about development of a civil society and human rights of cases which, in its opinion, have received the greatest resonance in a society, drawing to them attention of the president. Similar activity cannot be treated as the special procedure for test of judgements breaking a principle of equality before the law and court, - Valery Zorkin is assured.
“ the Main sense of this message - necessity of observance of balance between the constitutional values: independence of judicial authority and necessity of public control over the power “ - has commented on the letter a press - service KS.
the Full text of article of head KS