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Risks of Corruption in the Judiciary
There are key areas where judicial system actors may be exposed to or engage in these forms of corruption.
Management of courts. In the management of courts, there is a risk that political actors apply pressure to judges and court officials to act in their interests, for example, by withholding or manipulating court budgets or interfering with processes to select or discipline judges and other court personnel.
Criminal proceedings. In criminal proceedings, there are risks that political actors or higher judges direct courts on how to rule. Court clerks or other court administrators may be bribed to abuse their power in case management, such as by causing delays to the scheduling of cases or losing evidence. Prosecutors and defence lawyers might be directed to mishandle cases. Private parties or political actors could tamper with juries or laypersons assisting judicial decision making. Witnesses and victims may be threatened or bribed by political officials or defence lawyers. Political authorities or higher courts might hamper the enforcement of judgments.
Civil proceedings. There are similar risks in civil proceedings when court clerks and other court administrators can be bribed to abuse their powers. Risks include clerks charging unauthorised fees for court services, accepting bribes to lose files or giving access to judicial decisions before they are scheduled for release. Political authorities could direct judges’ decisions or judges could solicit bribes for favourable judgments. Lawyers could accept bribes to mishandle cases.
Enforcement of judicial decisions. At this stage, there are risks that lawyers or other parties negotiate with judges, bailiffs or other enforcement agents so that sanctions are not enforced. Court appointed experts who undertake evaluations of assets could be bribed to alter their estimations. Government actors could refuse to comply with judicial orders.
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