Friday, February 19, 2010

SUMMARY March 2010

Their word is law

and

they're out of control!

Judges of the High Court and Supreme Court are the one branch of the State which has so far escaped public inquiry into alleged misconduct.

Such allegations exist. Article 35.4 of the Constitution charges the Dail and Seanad to provide redress against such judges' violations.

The European Convention on Human Rights ("ECHR") Articles 6 and 13 also obliges the State to provide "an effective remedy" "within a reasonable time" "by an independent and impartial tribunal" for such violations.

What do members of the Dail and Seanad do when they receive a formal complaint of unethical misconduct against judges of the

High Court or Supreme Court?

N O T H I N G . . . ? ? ?

Do members of the Dial and Seanad routinely ignore such formal complaints against judges which come to their attention?

If members of the Dail and Seanad fail / neglect / refuse to act on such complaints, there is no accountability for High Court and Supreme Court judges who violate their oath of office.

This lack of accountability in the judiciary renders Ireland's entire legal code a dead letter: because the law is only what the High Court or Supreme Court judge says it is.

This failure of accountability has incalculable cost in the erosion of justice, democracy and the rule of law.

It has played a role in recent notorious cases such as

Ø the giveaway of billions in national resources to foreign companies at Rossport;

Ø suspicious deaths in custody;

Ø Garda scandals;

Ø the case of Veronica Guerin and other victims of organized crime;

Ø CIA torture flights at Shannon airport; and

Ø countless cases where State actions are adjudicated by the courts

(a branch of the State itself.)

The Irish Council for Civil Liberties (ICCL) and the Committee on Judicial Conduct call for the creation of a body to handle ethics complaints against judges "as a matter of urgency."

PLEASE DEMAND IMMEDIATE DAIL & SEANAD ACTION / MOTIONS

ON ALL OUTSTANDING COMPLAINTS AGAINST

HIGH COURT AND SUPREME COURT JUDGES.


T h i s i s w h a t h a p p e n e d i n m y c a s e

Refugee Appeals Tribunal ("RAT") admits bias and corruption in my case

In 2005, I was successful in my judicial review of the decision to refuse me asylum.

the Refugee Appeals Tribunal (RAT) agreed to vacate the decision on the grounds that:

Ø RAT was subject to disqualifying political bias in my case.

Ø RAT discriminated against applicatns from my country of origin,

Ø "rubber-stamping" all negative decisions in our cases,

Ø no matter what the evidence.

The High Court says RAT can decide my case anyway

Despite RAT's own admissions, the High Court sent my case back to this very same corrupt and biased inferior tribunal to decide my claim for asylum: a matter of my life or death.

Did judges cover up human rights abuse by government and their political allies? Despite

Ø risk to human life in my case;

Ø my successful judicial review of 2004-05;

Ø RAT's own admission of bias and corruption therein;

Ø RAT's second decision in my case almost identical to the first, discredited decision;

Ø recent public exposure of widespread corruption at RAT;

Ø outcry thereof through the legal profession;

Ø Council of Europe sanctions against Justice Ministry's cooperation in CIA human rights abuse;

Ø my case including a challenge to the validity of the statute under the Constitution and EU law;

Ø involving thousands of cases of risk to human life and international war crimes:

still High and Supreme Court judges refused to hear the case.

What happens when High Court or Supreme Court judges violate their oath of office?

N O T H I N G . . . ? ? ?

Article 35.4 of the Constitution designates that only the Dáil and Seanad have responsibility to addrss cases of unethical misconduct by judges of the High Court and Supreme Court.

The Irish Council for Civil Liberties (ICCL) and the Committee on Judicial Conduct call for the creation of a body to handle ethics complaints against judges "as a matter of urgency."

View the formal Complaint against judges of the High Court and Supreme Court, and related information at: refugeejustice.blogspot.com

PLEASE CONTACT YOUR TD / SENATOR