Sotnyk: Anticorruption court essential to nation
5 establishment of a separate body that runs under well-regulated, transparent selection procedures and public scrutiny.
4. “Anticorruption courts can become obsolete in the event of a successful judicial reform and the purge of the judiciary.”
Anticorruption courts do play a critical role in the transition stage. However, a real judicial reform should aim to cleanse the judiciary and select new, competent, and impartial judges. Currently, this part of judicial reform is failing. The majority of new Supreme Court justices came from the same system, many with dubious reputations, and their declared assets were not adequately verified. The completion of
judicial reform does not necessarily purify the judiciary or ensure its independence.
5. “The track record of the new anticorruption bodies has proved their ineffectiveness. Therefore, an anticorruption court will also be ineffective.”
As of June 30, NABU was pursuing 371 criminal cases, 121 individuals had been indicted, and 78 criminal proceedings had been handed down by the court. But the investigations conducted by NABU are hampered at the trial stage, since most investigations require court authorization to begin. But the courts are the weakest link in the fight against corruption. Forming the new anticorruption court is the obvious and logical next step.
The establishment of anticorruption courts could help complete the investigation of corruption cases and prosecute those responsible, including those big fish that have eluded prosecutors. A lack of results in the courts, the unprecedented resistance of official Kyiv and the Indonesian experience inspire me to fight for this approach in my country and give the ideals of the Euromaidan Revolution a chance to finally be realized.
Olena Sotnyk is a member of Ukraine’s parliament and an attorney in Kyiv. She tweets @ Lenasotnyk. This essay was translated from Ukrainian to English by Vera Zimmerman and is reprinted with the author's permission.