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February 13, 2012
Pirate Bay trial sparks legal ethics debate
Published: 29 Jun 09 08:35 CET | Double click on a word to get a translation
Online: http://www.thelocal.se/20340/20090629/
Sweden needs to adopt stricter ethical guidelines for judges clear following accusations of judicial bias in the Pirate Bay trial, according to legal professionals.
- Supreme Court denies Pirate Bay right to appeal (1 Feb 12)
- Dutch court orders ISPs to block Pirate Bay (12 Jan 12)
- '500,000 Swedes' risk jail time for filesharing (30 Dec 11)
In practical terms, this might cover which associations a judge is allowed to belong to, but first and foremost, such rules would clarify how judges are to behave in a professional capacity.
The discussion of ethics for judges follows claims by the lawyers representing the Pirate Bay defendants of a conflict of interest stemming from the judge's membership in a member of organizations that take a pro-copyright stance. Last week, Sweden's Court of Appeal ruled that the judge in the high profile case was not biased following the lawyers' request for a retrial.
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Judges should not be allowed to join any political or commercial organisations. It needs to be a jailable offence for a judge to do so.
Any social organisations they join need to be restricted and there needs to be complete disclosure of all organisations a judge has been or is a member of.
Any person who could possibly have a connection to a court case, whom a judge has met, should be fully declared. Non declaration should be a jailable criminal offence.
Judges are paid a very good salary. They don't need freebie's from wine and cheese events to get by.
This is the difference between a court of law, justice and a kangaroo court.
One expects Iran to have kangaroo courts, as one expected the Nazi courts of the previous century to hand down biased, or foreordained judgements.
For such to happen in Sweden, who has been a model for the world is simply unthinkable.
I guess the Big Money from Corporate America has tainted even those who's light was a beacon for the rest of the world.
The only difference between a third world thug in a position of authority lining his own pockets, or voting in his own self-interest, and an authority figure in the more advanced countries doing the same appears to be the scope of their impropriety.
Corporatism is taking us towards totalitarianism at an ever increasing speed.