The Social Communication of the Judges

The Social Communication of the Judges

Judge Eyad Muhessen Dhemd

2019-01-27 09:21:00

Judge had been punished in Germany because he posted  an article a about a teacher  who was fired for his affiliation to a political party. The Germany federal court approved this punishment considering the judge violated the duty of neutrality and impartiality that he shall enjoy and insinuated himself into a political discussion does not appropriate with the neutrality and independence of the judiciary. Regarding that, the important discussion has arise in judiciary in particular and in legal community in general about the right of judges to express their opinion and the limits and restrictions of this right in addition to the legal basis for this right.

The codes of judicial conduct of most countries as Egypt, Morocco, Algeria Kuwait, Belgium and Germany have restricted the right of judge to expressing his opinion that shall be in neutral way which keeps the dignity of judicial post and the respect its dependence. It is exactly confirmed by Bangalore principle regarding the judicial conduct that approved in India in 2001.

These principles grant the judges the right to expressing his opinion but at the same they should be reserved and neutral and shouldn't express opinion in topics are subjected to discussion. For the same reasons, the codes of conduct in most of countries prevent judges to have site on social media like facebook and twitter to prevent judge to express their opinion about political or social areas , probably, their case present before them in future since the neutrality could be lost and the litigants worry and fear because they already know the opinion of the judge . although some countries clearly prevent judge to create site for communication in their judicial capacities, the supreme judicial council of Iraq call upon the judges in its circulation not to post their personal photo which do not come in line with prestige of judiciary and it prefer that they are better not to create sites on social media for the said reasons.

I conclude that the right of judge to expressing is restricted by various restrictions most of which result from the nature of tasks and posts that they carry out. The previous opinions embarrass them when they hear the case in the future. They shall keep away from the political discussions and other matters, to keep their neutrality and independence because people respect and trust the judicial authority as long as it maintains its impartiality and independence . it is necessary to keep this respect and confidence to maintain the trust of citizen in justice system. The judicial power need to find the specific means and appropriate mechanisms to handle with media and provide it with information about the cases of the public concern. It is need to find relation between the judicial time and media time and they should work together to make illuminating moment which gathers the respect the privacy the judicial power and the right of media to obtain the information.

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