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The judge of the Court of Appeal Miodrag Majić stated that the judiciary in Serbia operates in an atmosphere of survival and fear, and that under such conditions it is impossible to fulfill the role entrusted to the judiciary in a democratic society.
In an interview with the Beta agency, Majic emphasizes that the judiciary has been rejected by both the political authorities and the public.
“However, the judiciary is humiliated, largely by inaction and consent from the judges themselves. Most of the time, judges speak of pressure and humiliation only when they realize that consent and flattery they no longer serve, when they realize that their masters have rejected them. Of course, it is late, “Majić said.
According to him, the situation in the judiciary is very bad, and in the current circumstances, as he said, he does not see a way to improve it significantly.
When asked if he is under the impression that more and more of his peers are being subjected to pressure and offers from the outside when it comes to passing verdicts, Majic says that when the pressure lasts too long, the natural reaction of people is that each time they are more subject to it.
“The judiciary is no exception. If an atmosphere is created in society where everyone knows that all power comes from one center and that decisions are only made there, over time it is accepted and more and more people adjust their own decisions to that pattern, “he said. judge.
He added that it is not serious to expect that any system can, especially in the long term, rest on some superhumans and moral luminaries who will sacrifice their own lives, families and destinies for something that most in a society consider acceptable.
“That is why the judiciary, yielding to too long a pressure, finally finds its place in this and another inverted system. It is a situation similar to that of disease. The prolonged depletion of the body leads the organs to assume their functions. over time, not nature., planned, “says Majić.
When asked if and in what way judicial corruption can be cracked down, Majic says it can “of course”, but the first step is to really want that.
Corruption in the judiciary is not just an envelope of money that someone leaves on the judge’s desk. Most of the time, it is accepting certain decisions due to expected advancement, the employment of a daughter, “peace at home” or the return of services and recommendations. bring in the illiterate and the bad, elect the distrustful and obedient … “, said the judge of the Court of Appeals.
Majić points out that it is not worthwhile for those who hold political power in this society to suppress corruption in the judiciary.
“What do you think the political scene in Serbia would be like if we really had an independent prosecutor and an independent court, even for a short time? If we really had the best and most moral among us in leadership positions in the judiciary? Which of these actors who have been marching and changing seats for decades could really stay in public affairs, and how many would end up in trials and jails, “asked the judge.
He says the answers are unfortunately quite simple, but we, again, unfortunately, like to be misled and lie.
When asked how politicians put pressure on judges, Majic said those pressures are now well known.
“They are made through the media, by the highest representatives of the government, who literally order the decisions of the Judiciary with their own observations. Furthermore, judges who speak openly about the inadmissibility of this situation are sometimes dragged through the mud by politicians and representatives of the GONGO judicial organizations. by journalists and various entertainers who, using an even more obscene vocabulary, repeat their thoughts ”, explained the judge.
When asked by Beta if there can be an effective fight against organized crime and corruption without an independent judiciary, Majic said that not only can there be no fight against organized crime and corruption, but there can also be no establishment of a state in the true meaning of the word. ;
“Because what you have when organized crime and corruption reign is not the State, it is a kidnapped and captured society that is already talked about a lot in the international community when they mention the situation in Serbia. It is a situation in which those who have usurped resources and positions run the state as their own dispute, in which all others who do not have these privileges are in their power, without any prospect of exercising their own rights, “he said.
Asked whether the existence of an independent judiciary would be a problem for this government, Majic said that depending on the way the government is configured towards the judiciary, “one has the impression that it would be.”
When asked if he was under the impression that the judiciary in Serbia was sacrificed for the survival and functioning of organized crime, Majic said it is difficult to determine what is older there and what first arose and stopped.
“The truth is that there is no interest in changing this situation. It seems that the political elite, which is the only one who can solve this problem relatively quickly, has an essentially unacceptable and unimaginable coexistence with a truly independent judiciary. the victim is a citizen, who in such a system, from the moment he finds himself in front of someone more powerful than him, has no chance, “said the judge.
When asked why Serbian President Aleksandar Vučić had not told almost anyone in recent years that the judiciary should be independent, Majić said it is difficult to interpret the thoughts and actions of others.
However, one of the conclusions could be that the president is convinced that the judiciary is already too independent, or that it does not need independence. In the end, one might think that the president believes that the judiciary does not deserve undue attention. “Roads and opening of foreign factories. Either of these options is equally bad,” said the judge.
When asked if Serbia is a state governed by the rule of law and to what extent, Majic notes that Serbia has some “rudimentary” characteristics of a state governed by the rule of law.
“If your child is kidnapped on the street or your exchange office is robbed, the police will intervene in most cases and it is likely that the matter will have a judicial epilogue. That prevents us from concluding that there is no rule of law here. However, that is certainly not enough. ” he said.
According to him, if you find yourself under attack from politically or economically powerful people, or from criminals connected with state structures, “I am not sure that the rule of law works as established by the Constitution and the laws.”
“We have seen that no matter in which the highest representatives of the State have been linked to corruption has even come close to the investigation procedure. And the rule of law implies exactly that: that we are equal before the law and that we are equally responsible. We’re a long way from that, “Majic said. .
He added that it is important for Serbia to have an independent judiciary so that it is not so poor, divided and unfair in the 21st century.
When asked whether the citizens of Serbia have less and less trust in democratic institutions, and especially in the judiciary, Majic said that the institutions do not do the job for which they were created.
“As a citizen, what can you do today addressing the institutions? A little of that, almost nothing. That is why citizens resort to alternative solutions – connections and bribes, because they see that this is how things end here, ”the judge pointed out.
He said different people complain to him every day, from construction investors to individual agricultural producers.
“According to their stories, corruption is at every step, and if you do not agree to enter that circle, you get out of the game. Your permits are in the drawer and your assets are falling apart. That is why we have no competition, that is why we are stagnant economically, “Majic said.
He added that this image is reinforced by the highest representatives of the state government.
“It is becoming clear to the majority that, from the introduction of electricity and road construction to debt relief and repair of washing machines, it is better to address the President of the Republic. We go back to the period of archaic societies, when the citizens appeared before the sovereign to return the fugitive. ” girl, or reconcile them with the siblings in dispute, “concluded Judge Miodrag Majić.
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