The process of lustration in FYROM runs contrary to the decisions of
the Constitutional Court, and is used to infringe human rights, says
the latest report by a human rights watchdog.
The latest report by the FYROM Helsinki Committee for Human
Rights says that the current situation is “against the Council of
Europe’s recommendations that the process should not turn in to
retaliation”.
Adopted in 2008, at the behest of Nikola Gruevski's ruling VMRO DPMNE
party, the Lustration Law aimed to address past injustices stemming
from politically motivated judicial proceedings and purge former police
informants from public offices.
...
But, according to the Helsinki Committee, “the law got out of
control” when in March last year, the ruling majority defied the
Constitutional Court’s decision and for the second time widened the span
of the law beyond 1991, when FYROM ended communist rule.
At the time, the MPs also broadened the scope of professions
subjected to check-ups to include journalists, NGOs, clergy and members
of other professions.
In March this year, the court again scrapped these provisions and
limited lustration only to former politicians and public office holders.
The watchdog states that in some cases the Lustration Commission -
the governmental office tasked with carrying out the process - decided
whether someone was an informant without the basic precondition of
having a written proof of their culpability.
The Helsinki Committee notes that some members of the Lustration
Commission were not given full access to all the necessary documents.
The Committee also points out that the statements from office holders
and other professionals subject to lustration were collected under the
threat of steep penalties.
The Committee’s report comes out at a time when the ruling party is
again defying the court’s decisions and announcing a brand new law with
similar provisions and one novelty.
This time the ruling majority envisages publishing the secret police
files on the internet, to disprove suspicions that the Lustration
Commission has been working selectively in order to smear those who
criticise the government.
So far the Lustration Commission has pronounced some 30 people as
informants. One of the first was the former head of the Constitutional
Court, Trendafil Ivanovski. During his time several key laws of the
ruling party were scrapped.
The head of the Open Society – FYROM foundation, Vladimir Milcin,
otherwise a prominent critic of Gruevski, as well as the former Social
Democrats presidential candidate Ljubomir Frckovski, were also accused
of being informants.
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