According to article 6.1 of the European convention on human rights, a judge should be at all times impartial. He should be unprejudiced and open-minded. He should also lack all sorts of behaviour that can mean that he has a preference for the defendent or the claimant. Following, I’ll give you an example where that didn’t happen.
Recently, Patrick Abraham(former owner of commercial chain Kid Cool) has accused Francine De Tandt of corruption. In march 2000, She made a judgement in the benefit of Pierre Salik. Abraham suspected nevertheless that Salik and De Tandt were working together. Due to this complaint, judge De Tandt, has been suspended for another month. Before, she had been suspended as president of the appellate court for appointing her creditor as expert in the court of law.
Concerning this story, I can agree with a lot of people that don’t trust the law in this country anymore. Why should you go to court if the judge’s corrupt? In that case, you don’t have an honest chance to proove you’re right. Further on, I also think the government or an other organisation should check the judge’s background in order to make sure they handle their job as they should do. I believe it’s time to reorganize the law system in Belgium to make us trust judges and lawyers again. Establishing a new institute for that objective would be a good idea. It’s also best that the government would be in command of that institute so there won’t happen any things like mentioned above.Just before publishing this blog, I heard that Stefaan de Clerck is planning the foundation of a court of law for magistrates. I definitely think this is a step into the right direction.
Sources:
http://www.gva.be/nieuws/binnenland/aid864913/opnieuw-klacht-tegen-rechter-de-tandt.aspx
http://www.elfri.be/Gerechtelijk%20recht/onpartijdige_rechter.htm
http://www.hbvl.be/nieuws/binnenland/guid/80b5b350-75b5-4412-9ace-110e11c410c4.aspx
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Before the trial, they should have verified if the judge – in this case Francine De Tandt – had no relation or what so ever with Pierre Salik and with the expert. Then they would have known that Francine De Tandt could impossible be unprejudiced.
BeantwoordenVerwijderenThe expert was before he was appointed as expert, F. De Tandt her creditor and she was also working together with Pierre Salik.
In this way, Patrick Abraham had even before the trial no chance at all against Pierre Salik.
It is not a bad idea from Stefaan de Clerck to replace some of the magistrates because as you can see, it can be that the lobbying for political reasons can come into existence.
Daphné V.E.