Getting a conviction from the lower court may not be that difficult. Under the new law, a candidate will not be allowed to participate in any elections during the apeal process. That is, the high court cannot give a stay order of the lower court ruling. So if anyone wants somebody off the list of contestants, then all they need is to get a conviction at the lower court just before the election. Then that person is out of that election until the next election 5 years later. By then may be this person can clear his name in the high court.
But that's just one aspect. The rule of law in a civil society says no one is guilty until proven so. The civil court system assumes everyone to be innocent. So the proof of burden rests with the accuser, in this case the govt. proving the corruption charges. Now, if the case is being considered in the high court, that person is not proven guilty as the case is not finally proven yet. So not allowing that person to participate in an election seems assuming he/she is guilty even before those allegations are proven. This violets the basic concept of civil rule. That's the bigger problem with this new law.
If you want civil rule, then every one should get an equal chance under the eyes of law. otherwise, who can say that what US is doing in gitmo is bad? All the US is doing is keeping those people because allegedly those are terrotists!
|