PERCEPTION OF CORRUPTION IN THE JUDICIARY ERODES PUBLIC TRUST
AWELL-FUNCTIONING justice system is central to effectively addressing corruption, which, in turn, is important for the development of a country. But judicial institutions are themselves corruptible and, thus, all steps must be taken to combat corruption in this regard. The words of Montesquieu that “constant experience shows us that every man invested with power is apt to abuse it” are a noticeable reminder.
Corruption and perceptions of corruption in the judiciary not only undermines the courts’ credibility as corruption fighters, but further erodes public trust in the courts’ impartiality. This harms or brings into question all the core judicial functions, such as law enforcement, dispute resolution, protection of property rights and contract enforcement. Subsequently, it harms the broader accountability function that the judiciary is entrusted with in our democratic systems.
By most accounts, an effective judiciary undoubtedly guarantees fairness in legal processes. And, thus, is a powerful weapon against corruption. While there is broad consensus that corruption in the court system is destructive and should be addressed, there are particular challenges involved in fighting judicial corruption.
Often, when we talk about judicial corruption, the image is that of judges taking bribes. However, judicial corruption is a lot more. It includes all forms of inappropriate influence that may damage the independence of justice, and may involve any player within the justice system, including lawyers and administrative support staff. The question of corruption is not only a matter of relations between judicial personnel and court users, it is also about internal relations in the judiciary.
The perception of petty corruption in the judiciary is systemic and an issue that many in developing and developed countries have to deal with. In a Global Corruption Report, one in 10 of the respondents who had been in contact with the judiciary over the past year, when asked whether they had paid a bribe, answered yes. The report noted that bribes offered by users of the legal system may take many forms, including illegal ‘fees’ that court personnel levy to do what they should do anyway. Court users pay just to get their case through the system, to influence the outcome of a given case, or to delay it. Bribes may be paid to the judge, or to assistant staff or lawyers to remove files or get the case assigned to a particular judge.