Wiretapping scandal in Macedonia casts doubts on judicial independence

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By Jasmina Dimitrieva

The political opposition in Macedonia, led by the Social Democratic Union of Macedonia (SDSM), continues to publicly air wiretaps of government officials and other VIPs from the judiciary, the state secret service and the media, which have been obtained from an undisclosed source (see “Allegations of massive wire-tapping: are there any secrets left in Macedonia?” ). The content has been rocking the country for the past three months as it unveils alleged corruption in all areas of public life. It appears that the law enforcement, the judiciary and the prosecutor’s office are being plagued by widespread political coercion and bargaining despite long-standing judicial and security sector reform funded by the EU and the US.

If it proves true that innocent villagers were unjustly accused and subsequently incarcerated (an already despicable and deliberate human rights violation), then the real perpetrators remain at large.

The opposition leader, Zoran Zaev, promised to disclose all the materials in his possession regarding several high profile cases blamed for inciting inter-ethnic tensions. In one of the tapes, the Minister of the Interior and the Chief of the Secret Service (who is also the Prime Minister’s cousin) appear to be discussing certain demands of the ethnic Albanian coalition partner in the government, the Democratic Union for Integration (DUI). DUI would have to comply with these demands before ethnic Albanian villagers could be released from prison. The prisoners have been incarcerated over 10 years after being found guilty of planting an anti-tank mine, killing two Polish NATO soldiers and a Macedonian civilian in 2003 in the so-called Sopot Case. The public heard the alleged voices of top state officials admitting that evidence used in the case had been extracted through violent treatment of the key witness by the police. Judicial proceedings in the Sopot Case were followed by the OSCE, EU and NATO representatives, who expected the real culprits to be brought to justice. If it proves true that innocent villagers were unjustly accused and subsequently incarcerated (an already despicable and deliberate human rights violation), then the real perpetrators remain at large.

Several violent incidents that have occurred in recent months have substantially increased the workload of the police, prosecutors and judges, further challenging the system. Government buildings, police stations, several cars owned by the opposition and the headquarters of the DUI were hit by explosions, fortunately without casualties. There was also an armed attack at the border with Kosovo, which was supposedly carried out by ex-combatants of the Albanian Liberation Army. Citizens await a proper institutional response, which is critical to guarantee security and maintain harmonious inter-ethnic relations.

The prosecution remains fully engaged, mostly basing its actions on claims made by Prime Minister Gruevski, who accused Zoran Zaev of conspiring to overthrow the government in collusion with the ex-chief and several members of the Secret Police. There are already convictions in this case. Last week, Mr. Zaev was indicted for violence against state officials, along with other co-defendants who were also charged with espionage and illegal wiretapping. Although representatives of the international community implored the prosecution to investigate allegations of widespread corruption revealed by the tapes and prosecute the perpetrators, it may be that the message was lost in translation, so to speak. The steps taken thus far by the prosecution and police have failed to reassure domestic and international audiences that justice is taking its course.

Prime Minister Gruevski accused Zoran Zaev of conspiring to overthrow the government in collusion with the ex-chief and several members of the Secret Police.

The indictment of Zoran Zaev has increased friction between the ruling party, the Internal Macedonian Revolutionary Organization – Democratic Party for Macedonian National Unity (VMRO-DPMNE) and the opposition, with the latter claiming that the judiciary is in the pocket of the ruling elite- a claim that many believe to be well-founded. Political differences between the opposition and the VMRO-DPMNE are growing wider despite EU-backed efforts for political dialogue. The country also jeopardizes its prospects for starting negotiations for potential EU membership- a hope stemming from an assessment issued earlier by the European Commission. It is becoming clear that no legal solution is possible without first reaching a political agreement and establishing guarantees for institutional independence and impartiality, which are necessary to uphold the rule of law in Macedonia. Political elites must agree now on the country’s direction before anarchy and violence take over- a reality that has, unfortunately, already been lived countless times in the Balkans.

 

[Editor’s Note: the country´s constitutional name is Republic of Macedonia, while admitted in the United Nations as the former Yugoslav Republic of Macedonia.]

 

Jasmina

 

Jasmina Dimitrieva is a graduated lawyer with a doctoral degree in international public law, with a focus on international and European election standards; and extended professional experience in the electoral field, working primarily in the legal and penal aspects of elections.

 

 


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