When the judiciary is a political toolBoris Volkhonsky - Voice of Russia - May 20, 2011
The trial of the now former head of the IMF Dominique Strauss-Kahn highlights a trend that started at the end of the 1990s, namely that the judiciary more and more often becomes a tool for political influence, rather than an instrument for settling legal questions.
Today, almost no politician can be sure he won’t end up in court – even if a domestic court decides against putting one of their nationals in the dock, there are sure to be foreign courts that will be quite happy to meddle in what looks like the life of one person, but inevitably has far-reaching consequences.
It is too early to tell how Strauss-Kahn’s case will pan out and whether or not he will be found guilty.
But one thing is for sure: he’s had to step down as the head of the IMF and he won’t be running for the French presidency in 2012. Particularly with Nicolas Sarkozy’s plummeting popularity, Strauss-Kahn was the favourite to win and now the socialists will have to find another candidate – and quickly – something that will benefit the current president.So the answer to who benefits from the charges against Strauss-Kahn is obvious, and Strauss-Kahn isn’t on his own – think Silvio Berlusconi’s continuing court woes in Italy. You can even recall some lesser figures, like Russian citizen Viktor Bout who was seized in Thailand through the joint efforts of Thai police and US special services and then extradited – not to his home country, but to the US. I won’t even mention the countless inmates of the ill-famed Guantanamo Bay prison, many of whom have been locked up without even being charged.
You can hardly say that the involvement of the judiciary in political processes is a recent phenomenon. I would say that notorious Spanish examining magistrate Baltasar Garzon started the ball rolling. Garzon didn’t so much become known as a fervent pursuer of Colombian drug-traffickers and other criminals, as the judge who issued an international arrest warrant for Chilean dictator Augusto Pinochet in 1998, which was later used to arrest him in the UK.
Judges in other countries followed Garzon’s lead. Today, not even the current head of any state around the world can be sure that he or she will be immune from prosecution when visiting a country that has filed charges against him or her. For instance, the Portuguese authorities charged Indonesia’s former president Suharto, while the French did the same for Cuban leader Fidel Castro. Meanwhile, the former dictator of the Democratic Republic of the Congo Laurent-Desire Kabila spent a long time negotiating the terms of his visit to France and Belgium, fearing getting cuffed right at the airport.
We can also recall the case against the ex-president of Yugoslavia Slobodan Milosevic, which culminated in his mysterious death. Indeed, other processes on the former Yugoslavia, when courts obviously applied selective justice in line with a political agenda.
What we’re seeing is that one of the pillars of democracy, the separation of powers, is disintegrating in the West of today and the third branch of power, the judiciary, is becoming the first, dictating the rules of the game to the legislature and the executive. not sure I'd go that far but there does seem to be an uptick in judicial sexcapades.This is what the resonant court cases of the last few years have shown. This is not a question of today, or even yesterday - it all probably started with Bill Clinton. The biggest cases don’t just testify to the judiciary’s prevalence over all other arms of power, but also that oftentimes the wrong sorts of charges are presented to the accused. I don’t know what sort of IMF head Strauss-Kahn was, but it doesn’t seem that he received too much public criticism. But he is not being punished for what he did professionally, nor is he out of the presidential race over his political positions. Themis has found an “asymmetrical” way of influence – via the bedroom.
The same happened to Bill Clinton – a popular but weak president. His opponents sought to throw him out of office not because of what he did as president, but because of a brief fling. Sure, formally, it was because he lied under oath, but the whole thing started with his “sexual relations with that woman” – Monica Lewisky (incidentally, a fully consensual relationship).
Political analysts have even come up with a new term: the “sexualisation of politics”. Combined with the growing omnipotence of the judiciary, this may change the entire political landscape in the nearest future.
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