Impartial justice hampered

Photo: Corbis

Chief Justice of the Supreme Court criticises judicial practice in Tartu, minister weighs moving Prosecutor’s Office.

Ministry of Justice, planning a joint court and prosecutor’s office in Tallinn, desires to avoid mistakes made in Tartu – where judges are said to be in the habit of not even questioning accusers working in next door offices.

Märt Rask, the resigning Chief Justice of the Supreme Court, has detonated a bomb in the legal circles. At the Council for Administration of Courts, on April 5^th, in Tallinn, he put the years-long insider talk plainly: due to personal relationships, the Tartu courthouse has run into a situation where, at hearings, judges will not even question the prosecutors working in their shared building.

When it comes to impartial administration of justice, this is a severe diagnosis indeed. Mr Rask’s reprimand is easily accessible in the public minutes of the Council for Administration of Courts meeting: «I admit to the mistake made in Tartu, where Prosecutor’s Office and courts of 1^st and 2^nd instances were put into one and the same building. Essentially, there has developed a habit in the Tartu Circuit Court of not asking any questions of the prosecutors. Administration of justice comes... with certain nuances. With joint buildings, we have these kinds of habits developing in Estonia, with administration of justice no longer impartial.»

Buddies in smokers corner

Actually, the Chief Justice of the Supreme Court knew it for a long while, already. A couple of years ago, Mr Rask was surprised by an oral question from a well respected prosecutor in the Southern district prosecutor’s office. The prosecutor had been irritated by critical questions, in the court room, by a new judge in Tartu. The prosecutor desired Mr Rask to call his colleague to order.

How could the new judge know that, in Tartu, things are different? Professionally speaking, the questions was obviously out of place. As the prosecutor surely realised, when told by Mr Rask that questions by judges are a basic part of criminal procedures.

The 11 years old Tartu court and prosecution building, across the street from Theatre Vanemuine, is one of the most modern ones in our system of justice. Mr Rask himself being Minister of Justice while it was built. The fact, however, that due to the rooms layout, judges and prosecutors daily mingle outside of working hours, has been quietly complained about.

Postimees has been repeatedly told of Tartu judges steadily decline advocates requests to add materials to the court files, while agreeing with almost any request by prosecutors.

It is claimed that the court hearings often come across as «solo concerts» by prosecutors, questions by judges to prosecutors rarely ever heard. Contrary to Tallinn, for instance, where this is widespread.

Probably, the truth sits somewhere in the middle. However, all parties admit to the problem. «The Tartu courthouse thing is common knowledge,» said the Bar Association head Sten Luiga.

The only one to argue are the Tartu courthouse people themselves. But even they admit that, in Tartu’s case, we cannot talk about a semblance of impartiality in the administration of justice.

For that, there are too many daily contacts, between judges and prosecutors, in the new building. Not in the courtroom only, but in other workrooms as well. For the sake of justice, however, even outwardly questionable practices are not allowed.

How will an accused person feel, being judged by a person who spends time in the smokers corner, with the prosecutor? The only one happy with that would be the latter.

According to the Bar Association chief, lawyers and prosecutors – in adversarial procedure – must be guaranteed equal opportunities. «Judges should not be put, by the state, in a situation where they will have trouble separating professional and personal communication with prosecutors. Why that extra stress for the judges?» said Mr Luiga.

Lubja Sthouse comes with three sections

Minister of Justice Hanno Pevkur says he absolutely agrees to the angle presented. «In criminal procedure, all must have equal standing,» he assured. «I admit to the problem in Tartu. There, judges and prosecutors share the same corridor, and, for an onlooker, they are only separated by a virtual wall, so to say.»

Mr Pevkur said he has talked this over with Priit Pikamäe, the new Chief Justice of the Supreme Court. «We agree that Prosecutor’s Office should find new facilities in Tartu. That would also free up needed space for judges.»

At the same time, the disturbing fact remains that in Estonia, majority of court houses share the same roof with prosecutors’ offices. It is easier to list the towns where this is not the case: Narva, Rakvere, Pärnu, Kuressaare and Tallinn.

How then can it be claimed that, in other places, there are no problems with impartial administration of justice?

«I would not generalise. Prosecutors and judges may continue in the same building, but they ought to be better separated than in Tartu. In Jõhvi, that’s the way it is. A joint building makes economical sense,» said Mr Pevkur.

The minister claims that with the new court house planned in Lubja Street, in the old Tallinn Police Prefecture lot, the Tartu design flops will be avoided.

The new building comes with three sections: court, prosecutor’s office and Data Protection Inspectorate. In ten years’ perspective, the new court house would save the state €4m. It might be ready by 2017, earliest.