The Special Rapporteur on the Independence of Judges and Lawyers, Dato Param Cumaraswamy, in an urgent communication sent to the Government of the Slovak Republic on 28 September 2000, has expressed his grave concern regarding a proposal by the Government of the Slovak Republic to remove the President of the Supreme Court before the official end of his term in office.
The Special Rapporteur drew the Government's attention to information that he had received alleging that an attempt to remove the President of the Supreme Court was being carried out in an unconstitutional manner. In particular, the information said that the proposal was not based upon any of the enumerated grounds for removal contained in the Constitution.
The Special Rapporteur also drew the Government's attention to the fact that this action may be in breach of its obligations under Principles 12, 17, 18, and 19 of the UN Basic Principles on the Independence of the Judiciary. These principles require judges to have a "guaranteed tenure", and only subject them to removal for "reasons of incapacity or behaviour that renders them unfit to discharge their duties." The requirements of fairness are essential in all aspects of this procedure.
The Special Rapporteur has urged the Government to clarify these allegations and sought reassurances that the independence of the judiciary is not being compromised.
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