Internation Commission of Jusists, Canadian Section

The most recent activities of the project to support the independence and impartiality of judges in the Republic of Croatia took place in Crikvenica, Croatia, in the form of a two-day conference held in October 2001. The Crikvenica conference was designed as the culmination of the two-year project carried out by the Canadian Section and its partner NGOs, the Croatian Helsinki Committee and the Croatian Law Centre. The aim of the conference was to discuss questions of the independence of judges, in the context of both judges as individuals and also the judiciary as an integral branch of Government. The four matters forming the specific focus of the conference were the relations of the judiciary and the public, the efficiency of the judiciary, ethics and professional discipline, and the education of judges.

The more than 115 participants who attended the conference included representatives of the Croatian Ministry of Justice, journalists,lawyers, and law professors.

Key to this activity was the group of Croatian judges who took part in the Montreal seminar in November 2000. Since that time, these judges have had the opportunity to reflect and to begin to develop practical solutions that could be implemented in Croatia to strengthen the independence of the judiciary and the administrationof justice.

Five Canadian judges and the project director took part in the Crikvenica conference: the Hon. Michèle Rivet, President of the Quebec Human Rights Tribunal and former president of the Canadian Section, the Hon. Danielle Grenier, of the Quebec Superior Court and current ICJ Vice-President for Quebec, the Hon. Bill Kelly, of the Supreme Court of Nova Scotia and former ICJ Vice-President for the Atlantic Provinces, the Hon. Ginette Piché of the Quebec Superior Court, Judge Bernard Grenier of the Quebec Court, and Me Caroline Meilleur, Director of the Croatia Project. Their efforts were greatly appreciated by their Croatian counterparts, and they were asked to continue their involvement with Croatian judicial reform.

The formal recommendations resulting from the conference are currently being printed and will be widely distributed in the form of a booklet, which will also be formally presented to the appropriate authorities. All 1,300 judges of Croatia, the Minister of Justice, the Supreme Court, Chief Justices in all jurisdictions, the Association of Judges, media, and other relevant organizations will be provided with a copy of the booklet.

A Brief Summary of the Recommendations
Concerning the Independence and Impartiality of the Judiciary and the media, participants formulated the following recommendations:

To improve accessibility to court proceedings for the public and the media
To educate journalists regarding laws pertaining to the relationship between the media and the courts
To introduce a spokesperson to facilitate communication
To prepare a brochure concerning these matters for public distribution
To make court decisions accessible through electronic means
To create web pages for all courts

Concerning the Independence and Impartiality of the Judiciary and permanent judicial education, participants formulated the following recommendations:

To establish a judicial academy
To oblige the Supreme Court work out a program of education within a set period of time, from a year to five years
To ensure that this education includes the obligatory active participation of student judges

Concerning the Independence and Impartiality of the Judiciary and the efficiency of the Court, participants formulated the following recommendations:

The introduction of the professional assistant, a jurist who has passed the bar exam and who will help a judge by assuming some of her/his activities
The introduction of brochures and other written materials that would be accessible to all clients involved in court procedures
The introduction of new technology

Concerning the Independence and Impartiality of the Judiciary and ethics and discipline, participants formulated the following recommendations:

That membership in the Association of Croatian Judges should remain voluntary
That an Ethical Commission within the Association of Croatian Judges should be established to offer criteria and understanding of the application of the Code regarding the concrete behaviour of judges

The Hon. Michèle Rivet and Me Caroline Meilleur will travel to Zagreb on January 15 for the formal presentation and launch of this publication.

February Seminar in Montreal
Following the October 2001 Crikvenica conference, participants felt strongly that a second group of ten Croatian judges should take part in a one-week seminar in Montreal, in order to complete this project and achieve more sustainable implementation of the recommendations developed at the conference. The project has been approved by CIDA, and the seminar will take place between February 23 and March 2, 2002.

Regional Project
On December 11, 2001, CIDA approved the continuation of the Canadian Section's activities in the Balkans. The new 27-month regional project will focus its activities in Croatia, Bosnia, Yugoslavia, and Macedonia.

This project will use the Canadian model to facilitate a dialogue on judicial independence and impartiality among Judges and other stakeholders of Bosnia and Herzegovina, Croatia, Macedonia, and the Federal Republic of Yugoslavia. The main activities of the project will include a two-week seminar in Canada for 30 judges and members of our partner NGOs in the region; intensive regional workshops on specific issues identified by local judges; the development of a strategy to promote and strengthen an independent and impartial judiciary; and ongoing technical assistance. In Croatia, where our earlier project has already formulated such recommendations, the emphasis will be on: (1) facilitating consensus on the appropriate national structure and mechanisms for long-term judicial training programs; (2) elaborating a curriculum for law school education; (3) providing selected training workshops; and (4) promoting other stakeholder efforts to implement judicial reform.

The proposed regional activities include organizing seminars, training programs, at least two regional solution-building conferences, and specialized workshops. Through these means, judges are expected to identify key common problems relating to judicial independence and impartiality, the rule of law, human rights (including implementation of European human rights standards), judicial ethics, corruption, and the protection of minorities. Regional teams will be formed to work on the problems identified and to discuss the application of solutions to these problems from other countries in a regional context. A central goal will be to organize a permanent round table to support ongoing efforts relating to judicial independence and impartiality.

Me Caroline Meilleur was the Director of the Canadian Section's Croatia Project and will act as Director of the new Regional Project.