Venezuelan Supreme Court justice flees country, exposes Maduro regime

A second Venezuelan judge in the last fourteen months had fled the country, further exposing the Maduro regime’s efforts to exert total control over the state’s judiciary. Christian Zerpa, a former party loyalist who was recently appointed to the Venezuelan Supreme Court, surfaced in Florida after his defection and gave a taste of the regime’s interference with the judicial process.

Zerpa surfaced publicly in Miami on Sunday, describing how he received directions from the influential first lady Cilia Flores on how to rule in politically sensitive cases.

As a newly installed justice, he recounted being summoned to the court and told to sign off on a key ruling without first reviewing its details. It disqualified three elected representatives of Amazonas state from taking their seats in congress following the opposition’s sweep of legislative elections in 2015.

The key ruling cemented Maduro’s power, preventing the opposition from amassing a two-third super majority that would have severely curtailed Maduro’s power.

Zerpa apologized for propping up Maduro’s government as long as he did, saying that he feared being jailed as a dissident where his life would be put at risk.

“I will not be able to return to Venezuela,” Zerpa said. “I am a dead man.”

 

Mexico’s Supreme Court voluntarily slashes its own pay

Last month, the new President of Mexico, Andres Manuel Lopez Obrador, publicly criticized the salaries of his country’s judges. It is now being reported that in response, the eleven justices of Mexico’s Supreme Court voted internally to reduce their pay by 25%.

Although the court said that its decision was made “in the interest of efficiency, savings, transparency and honoring the constitution,” this is plainly a response to Lopez Obrador’s relentless public statements on the subject. It’s a clear example of how external pressures can affect internal decision-making about court administration.

 

Does Japan owe its tradition of judicial independence to Czar Nicholas II?

Sort of, according to this wonderful article in the Japan Times. It relates how the Japanese courts, operating under the country’s nascent constitution in 1891, refused to bow to political pressure in Japan’s own “trial of the century.” And the Czar-to-be played an important cameo role.
Continue reading “Does Japan owe its tradition of judicial independence to Czar Nicholas II?”

Courts in India and Pakistan continue to struggle with congested dockets

Two recent end-of-year reports suggest that justice systems in India and Pakistan remain completely overwhelmed. In Pakistan, the docket of the apex court has more than doubled in five years, to more than 40,000 pending cases this year. This is unfortunately reminiscent of the terrible backlogs that India also continues to experience in its courts.

Part of the problem has to do with human resources: one report notes that India has fewer than 20 judges per million people, as compared to 51 judges per million people in the UK, and 107 judges per million people in the US. But it is also not appropriate to blame the docket crisis solely on not having enough judges. The court system needs to think more creatively–and frankly, work harder and smarter–about resolving cases efficiently.

Previous entries on India’s docket crisis can be found here, here, here, and here.

 

Polish government accedes to ECJ ruling on forced judicial retirement

It has been a while since we checked in on Poland’s judicial reforms, most of which have been openly hostile to the country’s judiciary. One of the latest reforms would lower the retirement age of judges from 70 to 65, effectively removing about two dozen experienced judges from the bench, and correspondingly allowing the government to appoint new judges in their place. It’s court packing without the packing.

The European Commission sued Poland over the legislation in the European Court of Justice (ECJ), on the grounds that it was part of a larger set of “systemic threats to the rule of law” which could trigger the loss of Poland’s voting rights in the European Union. In October, the ECJ suspended the legislation pending a permanent resolution. It upheld the interim injunction on Monday.

In response, Polish President Andrej Duda signed new legislation revoking the early retirement bill. Is this a sign that the Polish government is moderating its stance on judicial reform under EU pressure? Stay tuned.

Mexican president attacks judges and judicial pay

President Andres Manuel Lopez Obrador of Mexico lashed out against the country’s judiciary late last week, after Mexico’s Supreme Court suspended an austerity law that would have slashed the pay of many public employees.

Obrador, who has been in office for only two weeks, cut his own pay to less than half of his predecessor’s, and pushed through a law stipulating that no public sector employee could make more than the President himself. The Supreme Court suspended the law pending further review.

Obrador subsequently offered the following critique:

“I have no doubt that they’re the best paid public servants in the world,” the 65-year-old told a regular morning news conference on Tuesday, repeating that Mexico’s judges earn 600,000 pesos ($29,619) a month. Last week, before the court ruling, he described such a salary as tantamount to “corruption” in Mexico.

“With all due respect, only Donald Trump earns more than the president of the supreme court,” he added.

That, of course, has no basis in fact. But we’re talking about politics here, so what does that matter?

The court has accused Obrador of trying to undermine judicial independence. He’s not the only one these days.