Lazarova Trajkovska: Public must know what courts are doing, it’s how we restore trust in rule of law
Skopje, 10 August 2022 (MIA) – International cooperation is key in the fight against organized crime, and an open approach to the public, publication of sentences related to organized crime, money laundering and corruption is of great importance to the public. Verdicts must be well-reasoned and clear both for those concerned in the cases and for the public as well. That is one of the areas where work needs to be done, says Mirjana Lazarova Trajkovska, judge of the Supreme Court of North Macedonia and national coordinator of the AIRE/RAI project for regional connection of experts in the field of confiscation and management of property resulting from a crime.
Lazarova Trajkovska, at Wednesday’s presentation of the Regional Network of Experts on this issue established by the Advice on Individual Rights in Europe (AIRE) Center and the Regional Anti-Corruption Initiative (RAI), with the support of the United Kingdom Government, also pointed out the importance of following the standards of the European Court of Human Rights in this area and the communication with experts from the area of the Western Balkans.
“The key motivation for the regional dialogue is finding an answer to the question "where are the weaknesses and where are the good experiences of the system in my country?" As a judge of the Supreme Court, I work on cases in which property derived from criminal acts appears, so I recognize how important it is to constantly improve our judicial practice. The measure of confiscation of property can be of great benefit, not only to protect the economy against corruption, but the correct application of confiscation of property in proceedings where there is organized crime serves to protect the public good. I believe that a good law, well applied in practice, can strengthen the rule of law. Corruption, organized crime and money laundering attack public goods and must not go unpunished, so what does not belong to the perpetrators of such criminal activities must be taken away. My motives in the regional cooperation are related to my current profession, but also to my previous professional activities, and aim to share knowledge from the judicial practice of the ECHR, and through a comparative approach, to improve the practice and laws in my country as well,” said Lazarova Trajkovska, reads a press release of the AIRE Center.
Judge Lazarova Trajkovska says that tireless work in this area is a matter of moral and legal duty.
“Here and now, the fight for the rule of law and against organized crime is a patriotic work and duty. There must be mutual support and cooperation in the region and connection of the institutions. With the help of the AIRE Center and RAI, we are also strengthening the judicial culture for open access to the public. Transparency helps in building trust in the judiciary and justice,” said Lazarova Trajkovska.
Confiscation is one of the most effective means of combating organized crime, but it is of a particularly sensitive nature. Judges, the press release adds, must apply the law and be aware that it is a matter of property rights, which means they must determine all the facts down to the last detail, in order to properly confiscate the property, keeping the public interest in mind and they must be careful not to harm private interest in any way.
“That is why it is important that all institutions are built on sound foundations. Thus, for example, talking about the Macedonian experiences and good practices, it can be said that the Commission for the Prevention of Corruption deserves praise. The transparent way of selecting this commission created a public perception that it works impartially. Furthermore, it is significant to further support and improve the institutions that work to monitor cash flows. In addition, a special office was established in the Public Prosecutor's Office to take care of international cooperation in connection with the procedures for freezing and confiscation of assets. Macedonia also made a Strategy regarding the confiscation and management of seized property, which unites all relevant institutions. However, as in the Region, there is still work to be done in my country. AIRE Center and RAI contribute to raising awareness of what our challenges are, what we need to work on, what are the gaps we need to fill. Education, manuals, guidelines and sharing of experience are the foundation of a much needed progress. That's why we grow together,” concludes judge Lazarova Trajkovska.
Through regional cooperation, an online platform focused on connecting and informing about the confiscation and management of property resulting from crimes has been established, and the Network of Experts will lay the foundations for more significant cooperation between jurisdictions from the Western Balkans in the future. dk/nn/
