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Friday, December 27, 2024

What does the notorious president of the Supreme Court of the Republic of Slovenia communicate with a revolver on his desk? According to the law on public order and peace, his actions could be considered criminal!

By: Nova24tv.si, C. R. 

In Dnevnik’s “Objektiv”, an interview with the President of the Supreme Court, Miodrag Đorđević, was published on Saturday, December 9th. Even before the interview itself, attention was drawn to the object on his desk. According to many, this object does not belong on the desk of the so-called head of the judicial branch of power, or as a member of the SDS party put it, “it reflects the image of the time of the former totalitarian state.”

In the Saturday supplement of Dnevnik, observant readers could notice that on the desk of the President of the Supreme Court, Miodrag Đorđević, there was a pistol, specifically a Colt 45 revolver. The purpose of this and the message the President of the Supreme Court intends to convey with it are unknown. To get answers, inquiries were directly addressed to the Supreme Court of the Republic of Slovenia.

In the interview, Đorđević discussed the proposed new law on judicial service, the law on courts, and an amendment to the law on the Judicial Council. Alongside the interview, a photograph of the President of the Supreme Court of the Republic of Slovenia in his office was published, featuring a revolver or its replica on his desk.

Since he could have removed the replica from the desk before the photograph was taken, thereby avoiding potential questions, he chose not to do so. On the contrary, it appears to be an intentional display of power and authority. Of course, this raises questions about the purpose and significance of the revolver replica. As stated in a parliamentary question by SDS member Dejan Kaloh, it “reflects the image of the time of the former totalitarian state, continuity with the previous totalitarian state, and violations of human rights in the judiciary, rather than symbolising justice and fairness.” The parliamentary question was addressed to the Ministry of Justice.

The function of the President of the Supreme Court demands zero tolerance regarding issues of independence, impartiality, transparency, integrity, and the reputation of the judiciary. The judiciary represents a pillar of the rule of law and the legal state, and as such, it must operate both within and outside the institution. This certainly applies to Đorđević’s role, where the highest representative of the judicial branch should ensure the independence, impartiality, integrity, and reputation of the judiciary while “avoiding inappropriate conduct or behaviour”.

We have directly contacted the Supreme Court of the Republic of Slovenia with the following questions:

  • How does the Supreme Court assess the fact that the President of the Supreme Court is photographed with a replica firearm for an interview?
  • What message does the President of the Supreme Court intend to convey with the revolver on the desk, and what is its significance?
  • Does the Supreme Court, as the “pillar of justice and the legal state”, find it problematic that the President of the Supreme Court is photographed with a firearm at the workplace, even if it is a replica?
  • In the opinion of the Supreme Court, does such behaviour ensure independence, impartiality, the appearance of impartiality, transparency, integrity, and the reputation of the judiciary?

We will publish the answers once we receive them.

Does the President of the Supreme Court with a replica firearm disturb the public?

It is worth noting the legislative provision that the President of the Supreme Court of the Republic of Slovenia is well aware of. While replicas of firearms are not considered weapons, the public display of decorative weapons, firearm replicas, and similar equipment may constitute an offense if it disturbs or creates a sense of threat to someone, as stipulated by the Public Order and Peace Act. “Anyone who, in a public place, carries, displays, or uses decorative weapons, imitations of weapons, weapons intended for alarms, signalling, or other objects that, by appearance, resemble weapons, but are not considered weapons according to the law that regulates the classification and categorisation of weapons, and thereby causes agitation or a sense of threat, is punishable by a fine of 50,000 tolarji (fn. approximately 210 euros, referring to a not yet updated legal provision with fines still stated in tolarji),” states the second paragraph of Article 11 of the Public Order and Peace Act. Four years ago, the government, led by Marjan Šarec, even proposed stricter fines for disturbing the public, with penalties potentially reaching up to two thousand euros.

According to the letter of the law, the President of the Supreme Court, by allowing the exhibition of his replica revolver in public, could have committed an offense under the Public Order and Peace Act, provided that among those who read the interview and saw the photograph, someone felt threatened or disturbed. The reporting of an offense is required for the offense to be addressed. It is known that individuals wearing partisan uniforms, and some allegedly carrying real weapons, not just replicas, regularly appear at partisan commemorations.

It is worth mentioning that any offense in the field of public order and peace is an automatic reason for the administrative unit of the permanent residence to issue a decision on the revocation of firearm permits in the case of ownership of real firearms.

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