When trust and integrity are in doubt

he judiciary in any country is meant to be the last guard rail against criminality, inequality, unfairness, overreach by government and abuse by those who hold power.

In any society there will be cases where those with little or no influence will have to challenge the dominant power structures in an effort to create a fairer environment for all.

To achieve this, an independent, trusted and respected judiciary is necessary. We know that those who sit on judicial benches are expected to be paragons of virtue; persons who are prepared to uphold the law without fear or favour.

However,  it would be naive to believe that even in the judiciary, some forms of bias are non-existent. In the United States of America (USA), for example, trust in that country’s highest court is at an all-time low.

The world has been observing the incredible lapses of judgment and what appears to be highly injudicious  decisions of some members of the US Supreme Court.

Gallup, an American multinational analytics and advisory company based in Washington, D.C. and well known for its public opinion polls, found that just 25 percent of Americans reported they had “quite a lot” or “a great deal” of confidence in the Court. This was down from 36 percent in 2021.

Increasing dislike for the US Supreme Court, which is packed with conservative judges who favour the political positions of the Republican Party under which they were appointed, has been influenced by several decisions that have removed rights given to Americans in previously established precedents.

In addition, the actions of at least two judges, who have taken lavish gifts from sources that have been linked to cases on which they decided, have weakened trust in that country’s highest court.

A June 27 Associated Press article highlighted just how  much the American public has lost confidence in such an esteemed and important institution.

“The public lacks confidence in the Supreme Court generally and their handling of key issues before them. Most believe justices are shaping the law to fit their own ideologies, rather than serving as an independent check for other branches of government,” the article noted.

Simply put, people believe the judges are doing the bidding of their political masters, as well as wealthy friends.

What we in Barbados and the Caribbean need to guard against, is the development of a similar perception by the public that our judicial system does not operate with impartiality, or that judicial officers’ actions are at the behest of the politically connected, the powerful, or that they fear their careers may be stunted because of their rulings on certain consequential matters.

When the citizenry has lost confidence in the country’s judicial system, this signals a slippery slope given the critical and independent role the bench is required to play.

In Venezuela, for example, the Supreme Justice Tribunal has ratified President Nicolas Maduro’s controversial victory in the July 28 presidential election.

The Supreme Tribunal said it reviewed material from the electoral authority and agreed that Maduro won the election, according to the court president Caryslia Rodriguez, who added the decision cannot be appealed.

The opposition, on the other hand, published online what it said was 83 per cent of voting machine tallies, which gave its popular candidate Edmundo Gonzalez some 67 per cent support.

Venezuela, which has become a troublesome ally of several Caribbean Community (CARICOM) countries despite its aggressive claim to the vast majority of Guyana’s oil-rich territory, is now the source of discontent between the United States and the region.

In fact, US Ambassador to Guyana and CARICOM Nicole Theriot, has chastised the regional grouping for not signing on to a statement demanding democracy in Venezuela.

It seems the only CARICOM nations that are signatories to the statement that was approved by 22 countries, are Guyana and Suriname.

Ambassador Theriot, who clearly has no confidence in the Venezuela Supreme Tribunal, reportedly expressed “disappointment” in CARICOM.

This comes against the backdrop of a message of congratulations issued on behalf of Antigua and Barbuda, Dominica, Grenada, St Kitts and Nevis, St Lucia, and St Vincent and the Grenadines, members of the Organisation of Eastern Caribbean States (OECS).

“We congratulate President Nicolás Maduro Moros, on his victory and re-election to the presidency . . . for a third term and urge that every effort be made towards national reconciliation,” the OECS statement read.

This highlights the challenges that arise when the integrity of institutions are questionable, and people are uncertain in who and what they should trust.