PROMOTING JUDICIAL ETHICS IN THE COURT OF JUSTICE OF SURINAME Presentation by Suriname at the 5th Biennial CAJO Conference 29-Sep-17

The need for a code of conduct for judges For the preservation of the rule of law, one should be able to rely on the judiciary, hence the authority of a judge in a community; The judge is pre-eminently responsible for safeguarding and carrying out strict codes of conduct, both in his performance as a judge and as a person; It is generally acknowledged that the judiciary, differently from the legislative and executive power, has no direct democratic legitimacy. Therefore, a judge has to derive his authority not only from his knowledge of the law and the quality of his work, but also from the fact that he adheres by the abovementioned codes of conduct. Presentation by Suriname at the 5th Biennial CAJO Conference 29-Sep-17

A code of conduct for Judges in Suriname After a process of nearly two years of interactive sessions, led by a small group of four judges, with the support and guidance of the CCJ and the Dutch professor Anne Ruth Mackor, the Court of Justice of Suriname adopted a code of conduct for the judges of its Court on June 30th, 2015. This code of conduct for judges was launched and presented to the public during a special public hearing of the Court on November 6th, 2015. This code of conduct is based on the Banglore Principles of Judicial Conduct. The code of conduct consists of six core values. Each core value consists of several principles to be adhered to by judges. Presentation by Suriname at the 5th Biennial CAJO Conference 29-Sep-17

Core value # 1: Independence Judicial independence is a necessary condition under the rule of law and a fundamental safeguard for a fair trial. Judicial independence is not a privilege enjoyed by judges, but a citizen’s fundamental right under the rule of law in a democratic state. This core value consists of 12 principles: limited membership of organizations in consultation with the chief justice; no public debates; no direct links with the executive or parliament or political parties or religious organizations; independence in judgements. Presentation by Suriname at the 5th Biennial CAJO Conference 29-Sep-17

Core value # 2: Impartiality Impartiality of the judge, which refers to the individual judge’s lack or apparent lack of bias in the assessment of a dispute, is vital for a well-functioning justice system and a fundamental safeguard for a fair trial. This core value consists of 12 principles: no political or religious statements impairing the confidence in or the independence of the judiciary; no secondary professions; no discussion of judgements; no shame of partiality; Presentation by Suriname at the 5th Biennial CAJO Conference 29-Sep-17

Core value # 3: Equality Equal treatment by the judge of everyone who appears before him is essential for an adequate fulfillment of the judicial office and a necessary condition for a fair trial. This core value consists of 5 principles: no discrimination in treatment of parties; no judgement of persons or groups; no communication with one party alone. Presentation by Suriname at the 5th Biennial CAJO Conference 29-Sep-17

Core value # 4: Integrity Judicial integrity is essential to the legitimacy of the rule of law. The judge is expected to be unimpeachable, incorruptible and insusceptible to blackmail, just because he has the duty to keep watch on the compliance with the law by others. The judge is therefore expected to meet high behavior demands and specifically to act scrupulously in his capacity, in order to keep the faith of the citizen. This core value consists of 6 principles: confidentiality; no abuse of his position; no influence from friends and family. Presentation by Suriname at the 5th Biennial CAJO Conference 29-Sep-17

Core value # 5: Dignity The judge is always expected to behave in a manner in accordance with the dignity of his capacity. The importance of social believe/faith in justice implies that the judge also accounts for some of the codes of conduct and limitations arising from his position in his private life. This core value consists of 5 principles: behavior of the judge outside the workplace; treatment of others; no interference in family matters; no acceptance of gifts. Presentation by Suriname at the 5th Biennial CAJO Conference 29-Sep-17

Core value # 6: Competence and devotion Competence and devotion are necessary conditions for the adequate fulfillment of the judicial office. The judge is expected to assume a professional attitude and to treat process parties and other process participants with respect and to communicate in an adequate manner. This core value consists of 8 principles: capacity, effectiveness, efficiency, permanent education, consultations with colleagues and intervision. Presentation by Suriname at the 5th Biennial CAJO Conference 29-Sep-17

Follow up after the launch of the code of conduct During the drafting of the code of conduct it was discussed and agreed upon that after the launch of the code of conduct, the handling of complaints based there upon, the already being used informal internal procedure would be applied; This decision was made taking into account that even though we as the court were willing to give the community the chance to question our behavior, we were not ready to completely give this away by formalizing a complaints procedure, since we did not know the full impact or the consequences the code of conduct would have on the court. It was therefore agreed upon that there would be a trial period of one year, after which an evaluation would follow. Presentation by Suriname at the 5th Biennial CAJO Conference 29-Sep-17

Follow up after the launch of the code of conduct (2) The internal procedure in place contains writing a letter of complaint addressed to the Chief Justice; after taking notice of this complaint, the offended judge is given the opportunity to react to the complaint; the chief justice may either call both parties before him in order to solve the problem in a manner satisfactory to both parties, depending on the seriousness of the complaint, or he may discuss this matter first with the portfolio judges on ethics on how to proceed in that matter, after which a decision is given. As mentioned earlier the launch was on November 6th, 2015. The evaluation session was held in October 2016. Presentation by Suriname at the 5th Biennial CAJO Conference 29-Sep-17

the evaluation of the code of conduct The evaluation showed 5 complaints against judges, of which 3 were related to tardiness in judgement, impartiality and independence; the 2 other complaints related to competence. The 3 first complaints were not actually well-grounded and were dealt with by the chief justice by discussing the matter with both parties, resulting in satisfaction on both sides; The 2 complaints regarding to competence are still pending, because it actually regards the questioning of the judgement of a judge in first instance, for which cases there is no appeal possible. Presentation by Suriname at the 5th Biennial CAJO Conference 29-Sep-17

COMPLAINTS PROCEDURE During the evaluation session in October 2016 a complaints procedure has been drafted, which is still pending for adoption by the Court, after which it will be publicly launched. The draft complaints procedure is actually more or less the formalization of the internal procedure already being applied, stating who may submit a complaint and how this should be done; which kind of complaints are not eligible; description of the handling process within a period of 16 to 20 weeks. Presentation by Suriname at the 5th Biennial CAJO Conference 29-Sep-17