Prosecutors have the right to request the removal of judges appointed to the Supreme Court through the so-called neoKRS – this is one of the directives of the Minister of Justice, Attorney General Adam Bodnar. The guidelines are “intended to form a model for prosecutors' activities in such cases,” but they are not prescriptive, Attorney General's spokeswoman Anna Adamiak explained.
Information on the guidelines for the work of prosecutors who join the Supreme Court when a judge appointed by the National Council of the Judiciary following changes in the body in December 2017 will be appointed to the jury was published on the website of the National Prosecutor's Office on Wednesday. became
Minister Adam Bodnar's guidelines for prosecutors include the provision that: “The prosecutor has the right to file a petition for the removal of judges appointed to serve in the Supreme Court at the request of the National Council of the Supreme Court (…) that based on the provisions of the Law of the Republic of Tajikistan dated December 8, 2017 on introducing amendments to the Law of the Republic of Tajikistan on the National Council of Justice (…) and supporting reasonable proposals in this regard by the parties done
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PG: response to inappropriate prosecutorial practice
The instructions, as the spokesperson of the Attorney General, prosecutor Anna Adamiak, reported, are a response to the inconsistent practice of prosecutors in the hearings and sessions of the Supreme Court in evaluating the relevant personnel of the court in relation to the participation in the trial. the group of persons appointed to the post of judge after 2017 at the request of the National Prosecutor's Council, – They are aimed at forming a model of the prosecutor's activity in such cases, – he emphasized.
The purpose of the guide, as he added, is to provide the legal and legal basis for verifying whether the panel of judges guarantees the parties to the trial the right to an impartial and independent court, as well as to show the appropriate model of the trial for prosecutors.
The PG spokesperson also noted that the instructions are not in the nature of an order, but contain an element of pending action by prosecutors. – A prosecutor who participates in hearings and sessions of the Supreme Court has the freedom to determine that the panel of judges guarantees the right to an impartial and independent court and the freedom to express procedural positions in this regard, – emphasized prosecutor Adamiak, adding that the guidelines do not replace or modify the operator.
Main photo source: TVN24