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DE RUEHSQ #0300/01 1751234
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R 241234Z JUN 09
FM AMEMBASSY SKOPJE
TO RUEHC/SECSTATE WASHDC 8345
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE 0534

UNCLAS SECTION 01 OF 02 SKOPJE 000300 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EUR/SCE 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM MK
SUBJECT:  MACEDONIA: PM GRUEVSKI AGREES TO KEY JUDICIAL REFORMS 
 
Sensitive but unclassified - please protect accordingly. 
 
¶1. (SBU) At post's urging, PM Gruevski has agreed to a string of key 
reforms in Macedonia's justice sector, many of which should become 
public within days.  Among these reforms are detainee access to an 
attorney, public access to court proceedings and rulings, public 
proceedings of the Judicial and Prosecutors' Councils, stricter 
rules for judicial qualifications and personal conduct, and random 
assignment of cases to judges.  If implemented (a big if), these are 
major steps toward rule of law reform.  End summary. 
 
Background: A Troubled Judiciary 
-------------------------------- 
 
¶2. (SBU) For some time, it has become increasingly clear that 
Macedonia's judicial practices do not fully comply with the European 
Convention on Human Rights (ECHR) and international fair trial 
standards.  In addition, a number of judges have privately told us 
of ever-increasing executive interference in the judiciary, 
primarily -- but not exclusively -- through GoM manipulation of the 
recently-formed Judicial and Prosecutors' Councils.  We and our 
international partners here had strongly urged the formation of such 
councils for both prosecutors and judges in order to increase 
transparency and the role of peers in hiring, firing, and 
promotions.  Unfortunately, many judges and prosecutors have told us 
that Justice Minister Manevski has used his ex-officio seat on both 
councils to intimidate other members and control the decision-making 
process. 
 
¶3. (SBU) Macedonia's criminal justice sector is not only troubled by 
executive meddling.  There is little or no tradition of transparency 
in court proceedings; judges who innovate by posting rulings online 
are chastised.  Perhaps even more troubling, defense attorneys 
complain of ever-increasing difficulties in accessing their clients 
in detention.  The justice system is troubled. 
 
Progress: Gruevski Turning Around? 
---------------------------------- 
 
¶4. (SBU) However, the tide may be turning.  Ambassador, DCM, and 
Department of Justice Overseas Prosecutorial Development and 
Training Resident Legal Advisor (OPDAT RLA) successfully lobbied 
Prime Minister Gruevski at two separate meetings (May 29 and June 
12, both in Manevski's presence) and secured his agreement to remedy 
key human rights concerns and to increase transparency and 
independence in the judiciary. 
 
¶5. (SBU) Specifically, Gruevski has agreed to the following 
measures: 
 
- By July 1, the public can access a hard copy of all criminal and 
civil court decisions at all levels through the court intake 
centers.  All decisions will be available via court websites by June 
¶2010. Personal data will be redacted only to the extent strictly 
necessary as per the international law, i.e. European Court of Human 
Rights (ECHR) standards. 
 
- By July 1, defense attorneys will have free access to clients in 
detention during normal business hours with no court order 
requirement or other systematic requirement of approval by 
government to gain access. 
 
- Sessions of the Judicial and the Prosecutorial Councils will be 
open to the public as of their next sessions, including voting and 
all decisions taken.  Prior to each session, the media will be 
informed of the date and the time of the Councils' upcoming 
sessions. 
 
- Judges who have not filed financial statements as mandated by the 
anti-corruption laws will be reprimanded and will have 15 days to 
comply.  Those who fail to do so will be removed from the bench and 
subject to misdemeanor charges. 
 
- The criteria for appointment of judges will be revised to include 
knowledge of ECHR case law among the required qualifications of 
candidates. 
 
- As of January 1, 2010, the new U.S.-funded computerized case 
management system for the courts will be fully operational to ensure 
random case distribution among judges and fully computerized 
case-processing. 
 
No More Justice in Secret 
------------------------- 
 
¶6. (SBU) At a May 29 meeting with PM Gruevski and his cabinet on 
U.S. assistance programs, RLA pressed for public access to criminal 
and civil court decisions at all levels and for the right of defense 
attorneys to meet privately with their clients in detention.  On 
access to court decisions, we pointed out that this is required by 
 
SKOPJE 00000300  002 OF 002 
 
 
the International Covenant on Civil and Political Rights (ICCPR) as 
well as the ECHR.  Macedonia is a signatory to both conventions, yet 
the public does not have regular and automatic access to decisions, 
and the authorities use data protection legislation to blunt public 
access.  RLA cited the ECHR as requiring that court proceedings be 
public to protect the people against the administration of justice 
in secret and to increase public confidence in the courts.  It is 
the responsibility of any government to narrowly tailor redacted 
information and otherwise produce decisions in their entirety. 
After some discussion, PM Gruevski overruled Justice Minister 
Manevski, and said he would instruct that all judgments be made 
available to the public in hard copy through the court intake 
centers by July 1 and that they become available via the courts' 
websites by September 1.  In our June 12 discussion, he allowed the 
Justice Minister one year to make all decisions available on-line. 
 
 
You Have the Right to an Attorney 
--------------------------------- 
 
¶7. (SBU) On the issue of access to defense attorneys, RLA noted that 
the Sutka prison in Skopje is particularly problematic in that 
attorneys are often denied access to their clients and, if allowed 
access, it is too short and not in private.  Justice Minister 
Manevski commented that attorneys are allowed to visit their clients 
with a court order, but RLA pointed out that the ECHR mandates free 
access of attorneys to clients without any court order or other 
governmental permission.  Interior Minister Jankuloska argued that 
prisons do not have enough personnel and space to provide for 
adequate access.  RLA countered that the ECHR has specifically 
stated that lack of funding or resources does not excuse human 
rights violations.  PM Gruevski directed the MOJ to provide that 
defense attorneys have free access to clients in detention during 
normal business hours -- with no requirement of a court order - by 
July 1, 2009, but added it may take a bit longer for full 
implementation. 
 
Gruevski Confirms Commitment 
---------------------------- 
 
¶8. (SBU) Charge and RLA Called on PM Gruevski on June 12 for 
follow-up, on Gruevski's request.  Gruevski was joined by Manevski 
and the PM's UK-funded anti-corruption advisor, Monica Macovei.  We 
and Macovei emphasized the need to implement public access to court 
rulings as soon as possible.  RLA expressed concern that the 
President of the Supreme Court was issuing guidelines to order 
judges to redact all names from published decisions, which is not in 
line with ECHR and ICCPR standards.  Macovei and the RLA urged that 
the courts limit redaction that is confined to juvenile cases and 
other strictly sensitive material.  The PM agreed. 
 
¶9. (SBU) On the issue of access to defense attorneys, Manevski 
reported that he had already issued a letter to court presidents 
telling them not to issue orders for attorney visitation since they 
are no longer necessary.  Gruevski instructed Manevski to include 
language in the draft revision to the Criminal Procedure Code 
formally mandating attorneys' free access to detained clients.  As 
noted para 5, Gruevski agreed to a wide range of other key reforms 
in the judiciary. 
 
¶10. (SBU) COMMENT: While Gruevski's agreement to these key justice 
system reforms is a significant step, the real issue is whether 
Manevski and other justice officials will implement these changes 
(and whether Gruevski will insist).  Gruevski may have been 
motivated in part by a desire to embarrass Manevski, who key ruling 
party contacts tell us is increasingly a liability to the PM.  More 
positively, this may also be an indication that Gruevski intends to 
use his overwhelming political advantage (control of parliament and 
the presidency) to pursue needed reforms.  Macedonia in recent years 
has been long on superficial statutory reform but very short on 
effective implementation.  We will closely monitor the actual 
progress in implementing the agreed action items.  These findings 
will help post make recommendations on the future of U.S.-funded 
justice sector technical assistance for Macedonia. 
 
NAVRATIL