Reasons behind Judicial Corruption and Assault on Judges [Archives:2000/40/Culture]

Hasan Al-Zayedi,
Yemen Times
Incidents of assaulting judges have shown an increase during last year, 1999. Statistics for 1999 reveal that 40 attack incidents had taken place and judiciary officials say such incidents are increasing.
Despite introduction of the judiciary reform plan, corruption is rampant in almost all judicial institutions. The long tiring procedures, deadly courts routine and judges postponing of cases have made people lose trust in efficiency of courts. On the other hand, judges themselves have started asking for justice claiming limited resources and oppression of the Ministry of Finance.
Yemen Times came close to the core of the issue to reflect a clear picture of reasons behind not implementing verdicts, assaulting judges, corrupt practices of judges and judiciary system, judges stand versus the latest Finance Ministry decision cancelling, allowances and increasing judges salaries.
Abdulmalek Abdullah al-Jandari, an official at the judiciary Inspection Authority has been interviewed by Yemen Times and said All these factors are related to each other. Approving the new allowances to members of the judiciary is a positive step to improve their performance. Its effect will be visible on those judges who are competent and qualified. Increasing their income means to take a heavy burden of responsibilities off their shoulders which will be clearly reflected in their performance. However, in case of those unqualified, this wont have any positive effect.
According to my experience as a judiciary inspector I can say for certain that the proportion of corruption detected in judges is the least among the shortcoming in judiciarys performance. Such shortcomings include lack of understanding, insufficient qualification, lack of experience, daunted spirits due to low incomes, lack of incentives and lack of lawful background. There is also inefficiency in terms of weak articles and their inconvenience. There are also weaknesses in the standing order, rules that violate provisions of law, pressure of work, limited courts resources, bad and unqualified assisting staff.
As a result of these factors, the judiciary performance has not been up to the standard. Many attempts were made to tackle this situation. However, as there has not been any clear vision regarding all other factors attached to this problem, all our attempts came to naught. In other words, at times symptoms of the problem were treated. However, the real problem was left untouched. For instance, many people started thinking that cases were not settled quickly. This has led officials to take measures for solving this phenomenon. However, this was the outcome of many reasons the foremost of which is the high flow of cases in courts, a thing that seems unprecedented. For example, the number of cases registered in primary courts in the capital secretariat in the first half of 1418 Hegira were 10182. This great number was distributed only among 20 judges. That is, every judge will have to deal with 509 cases in six months. These judges have settled in the first half of the year 6991 cases, that is, 69% of all the cases having been looked into. The settled cases were achieved within the very limited financial at human resources available compared to courts and judges in other countries.
There are some other obstacles such as the weakness of legal culture, sluggishness of the judiciary authorities to the courts decisions. All these reasons have led directly or indirectly to slow settlement of disputes and cases. This does not mean that judges do not have any hand in this, for some of them deliberately or indeliberately postpone finalizing cases. However, that does not have a big effect compared with the number of cases settled in all the governorates of the Republic.
In 1995, a judiciary survey was conducted and new specialized courts were set up. This action necessitated appointment of new judges who were mostly unqualified. Therefore, new courts have worsened and complicated things instead of making them better.
This has resulted, in course of time, in campaigns against what is termed as corruption of the judiciary system. People started distrusting courts and judges. Consequently, assaulting judges as phenomenon started to appear. Actions were not promptly initiated to from the very beginning. Many judges were subjected to attacks and kidnapping, which if not tackled quickly will lead to more hazardous results in times to come.
While leaving offices of the judiciary inspection authority, I encountered a person in the corridor. His face was pale, with marks of despair and exhaustion clearly shown on it. On being asked he replied: Im Dr. Rajeh Nasser al-Saadi. I teach in the Faculty of Medicine, Sanaa university. I came here to complain against a judge.
We asked him about the phenomenon of attacking judges to which he replied, What is evident is that there is oppression on people who seek justice and could hardly find it. An ordinary man will naturally try all means to achieve his lost right these may include kidnapping those suppressive judges and assaulting them.
There are some judges who find it good for them to prolong cases of people in courts so as to blackmail them into paying money. What is worse is that they deceive people by saying that verdicts are in their favor while they are against them. Sometimes they make obscure verdicts in a way it as becomes difficult for people to know whether verdicts are in their favor or against them.
Corruption and corrupt judges are a result of the absence of judiciary inspection that enforces heavy penalties on whoever thinks of violating judiciary rules and laws or whoever dares to blackmail people. Corruption in the judiciary system is the cancer of courts. Some times judges refuse to carry out orders from higher courts which is certainly the climax of corruption.
While talking to Mr. al-Saadi, a crowd of people gathered in the corridor complaining about the long tiresome deliberations of courts and the corrupt judges. Others have verdicts which have never seen light of day. All are saying that justice is not served, and that the state of law and order does not exist.
One of complainants is Mr. Mohammed Ali Nasser al-Saadi who said I am a soldier in a camp at the borders. I do defend and protect my country and my property is blundered. If I absent myself from the camp, my salary disappears in thin air. I have been following the deliberations of my case for 25 years. I have won verdicts from the primary court to the highest supreme court. I have spent all that I have in life to get back my rights. I have spent around 2 millions. However, all these verdicts remain nothing more than ink on paper. The judge asked for YR 60,000 so as to implement the verdict.
Regarding assaulting judges, he said We will take the law into our hands if justice is not served. What the hell you expect me to do after 25 years of following up these damn deliberations and corrupt judges!
We have reached the highest court in the country and still we could not find justice. Shall we appeal to the International Court of Justice?

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