Donnerstag, 13. Mai 2010

Corruption in Judicial Systems, How detrimental is it?



Corruption is undermining judicial systems around the world especially in Africa, denying citizens’ access to justice and the basic human right to a fair and impartial trial, sometimes even to a trial at all.

Equal treatment before the law is a pillar of democratic societies. When courts are Corrupted by greed or political expediency, the scales of justice are tipped, and ordinary people suffer. Judicial corruption means the voice of the innocent goes unheard, while the guilty act with impunity.


Corrupt judiciary erodes the international community’s ability to prosecute transnational crime and inhibits access to justice and redress for human rights violations. It undermines economic growth by damaging the trust of the investment community, and impedes efforts to reduce poverty.
Judicial corruption usually falls into two categories: political interference in the judicial process by the legislative or executive branch, and bribery. The importance of an independent judiciary cannot be overemphasized. Everyone loses when justice is corrupted, in particular the poor, who are forced to pay bribes they cannot afford. TI’s latest global survey of attitudes towards corruption reveals that in more than twenty-five countries, at least one in ten households had to pay a bribe to get access to justice.In a further twenty countries, more than three in ten households reported that bribery was involved in securing access to justice or a “fair” outcome in court.

Petty bribery and political influence in the judiciary erode social cohesion: one system for the rich and another for the poor fractures communities. “If money and influence are the basis of justice, the poor cannot compete,” said Akere Muna, TI’s Vice Chair and president of the Pan African Lawyers' Union. “Bribery not only makes justice unaffordable; it ruins the capacity of the justice system to fight against corruption and to serve as a beacon of independence and accountability.”

In order to encourage investment community, promote economic development and reduce poverty the following salient points should be taking seriously into consideration:

1) Appoint the right people to do the right thing.

2) Lead by example. Be the change you want to bring about

3) Not to be seen as vindictive government, you have to strike a balance between fighting corruption and moving the country forward.

4) A strong stance against well established and vested interest that are reluctant to say goodbye to the status quo.

5) Go after the big fishes

6) A democratic balance and rule of law, which abhor cronyism, patrimonial ties and support level playing field.

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