Jeff Smith recently attended the IAJ Taiwan 2023 AGM and has provided an update on the event.
I had the privilege of attending the IAJ meeting in Taiwan with president Noel Sainsbury who was on his way to the United Kingdom on long leave. It was an opportunity to re-establish relationships with a number of key countries, including Australia, Canada, the United States of America, and the United Kingdom — and also the rest of the world, particularly Norway, Sweden, and the Netherlands.
The pressures on judicial independence have continued unabated since I last attended a meeting in 2019. Beyond the obvious case of Israel, Turkey, and Poland, there have been serious issues in Tunisia and Hungary. Both these countries have attempted to resist political incursions into the rule of law and independence of the judiciary similar to the situation in Israel. Rights to travel have been restricted for the judiciary speaking out in some of these countries.
The Tunisian representatives were able to attend, although the president of the association had received a no-travel order as he departed. He received an IAJ award, as did others, including one of the Afghan judiciary who was still waiting in camps in Pakistan to find a refuge nation. You would be aware that these Afghan judges are among those that Pakistan now requires to vacate by the end of October 2023.
Finally, should I say in case these things seem to be far away, there is a more recent example in Australia, which has not received any press here. Division II of the Federal Court, Family and General was created by statute some four or five years ago. A judge of that division was found liable for exemplary damages for an action of imprisoning a party for contempt. The Superior Courts have decided that these judges have no immunity and therefore they are personally liable for exemplary damages. This is a very similar situation to that which was raised in Poland, although in that case it was the change that was commenced by the government.
This is a serious and worrying issue and we keep in contact with our Australian colleagues to see how it pans out. It was certainly the elephant in the room that the Australian Judicial Officers Association meeting was held in Auckland from 6–8 October 2023.
Highlight Video of IAJ 65th Annual Meeting: