Jun 19, 2015 | News
The ICJ today called on the Moroccan authorities to amend the draft laws on the High Judicial Council, the Conseil supérieur du pouvoir judiciaire (CSPJ), and on the Statute for Judges, to ensure their full compliance with international law and standards on judicial independence.
The ICJ called on the authorities to ensure that: the CSPJ is institutionally and organizationally independent; is exclusively competent to manage the career of judges, including the selection of trainee judges; is involved in determining the budget for the judiciary; and is empowered to administer the allocation of judicial resources.
This statement comes following the conclusion of a high-level mission to Morocco from 12 to 18 June 2015 to engage with members of the executive, legislative and judicial branches, as well as representatives of civil society, on the judicial reforms initiated by the Moroccan authorities.
“The Draft Law on the CSPJ should enhance and expand the guarantees of judicial independence provided for by the 2011 Constitution, including by ensuring that the General Inspection Service (GIS) is under the authority of the CSPJ, that the organic law on the CSPJ sets out the GIS composition, competencies, and areas of intervention, and that the CSPJ oversees all issues pertaining to judicial administration,” said Philippe Texier, ICJ Commissioner and a former judge of the French Cassation Court (photo).
During this mission, the ICJ submitted to the authorities two memos analyzing the draft laws in light of international law and standards and formulating recommendations for amendments and reform.
In particular, the ICJ called for the majority of the members of the CSPJ to be judges who are chosen by their peers, for the selection and appointment of the President and the General Prosecutor of the Cassation Court to be based on objective criteria and made through transparent procedures, and for the grounds and procedure for dismissal of members of the CSPJ to be prescribed by the Law.
The ICJ is also deeply concerned that the draft law on the Statute for Judges does not contain any provisions on the criteria and procedure for selecting trainee judges.
Under the current framework, the process of selecting trainee judges is under the effective control of the Ministry of Justice.
Furthermore, while the Draft Laws entrusts the CSPJ to draft a Code of Judicial Conduct, they do not specify that, once adopted, the Code should be the basis on which judges will be held to account professionally, the Geneva-based organization says.
“The Draft Law should be amended to set out fair and transparent procedures for selecting trainee judges, to ensure that the CSPJ is fully competent to oversee the entire selection process, and to provide for the code of ethics and judicial conduct to be established in the law as the basis on which judges will be held to account professionally, including by clearly and precisely defining disciplinary offences,” said Said Benarbia, ICJ Director of the Middle East and North Africa Programme.
Contact:
Theo Boutruche, Legal Adviser of the ICJ Middle East and North Africa Programme, t: +96 170 888 961, e: theo.boutruche(a)icj.org
Additional information:
The ICJ delegation was led by Mr. Philippe Texier, former judge of the French Cassation Court and ICJ Commissioner.
The delegation met with Mr. Driss Dahak, Secretary General of the Government; Mr. Abdelilah Lahkim Bennani, Secretary General of the Ministry of Justice; Mr. Mustapha Farès, First President of the Cassation Court; Mr. Mohamed Meddah, Prosecutor General of the Cassation Court; Mr. Mohamed Cheikh Biadillah, President of the Chamber of Counsellors; Mr. Omar Adkhil, President of the Commission of Justice, Legislation and Human Rights of the Chamber of Counsellors; Mr. Mohamed Zerdali, President of the Commission of Justice, Legislation and Human Rights of the Chamber of Deputies; Mr. Abdellatif Chentof, President of the Judges Club; Mr. Mohamed Khadraoui, vice-President of the Amicale Hassania; and Mr. Mohamed Akdim, President of the Bar Associations of Morocco (ABAM).
Morocco-Draft Law CSPJ-News-press releases-2015-ARA (full text of statement, in PDF, Arabic)
Morocco-Memo on the CSPJ-Advocacy-Briefing paper-2015-ENG (full text of memo 1 in PDF)
Morocco-Memo on the CSPJ-Advocacy-Briefing paper-2015-ARA (full text of memo 1 in PDF, Arabic)
Morocco-Memo on Statute for Judges-Advocacy-Briefing paper-2015-ENG (full text of memo 2 in PDF)
Morocco-Memo on Statute for Judges-Advocacy-Briefing paper-2015-ARA (full text of memo 2 in PDF, Arabic)
Jun 10, 2015 | News
The ICJ today welcomed the decision of a Tunisian constitutional commission declaring a new law on the High Judicial Council (HJC) to be unconstitutional
Jun 5, 2015 | News
Today, the ICJ convened its training on “Women lawyers making a difference through the Legal Profession” in Maseru. Thirty-five women participated in the event.
In many jurisdictions, men invariably dominate the legal profession and there is a necessity to interrogate the reasons for this.
The advancement of women has not been significant despite the fact that there is equality in numbers in enrolment in law schools.
There have been cited challenges and obstacles that have been raised by women lawyers for this lack of advancement, and these needed to be fully explored in order to adopt concrete recommendations to inform an adequate and effective response to the apparent inequalities.
In order to address this issue within the legal profession in Lesotho, the ICJ collaborated with the Judicial Service Commission and the Lesotho Law Society.
The training brought together 35 women including Chief Justice Majara, Judges, Magistrates, Lawyers and Human Rights Activists from Non-Governmental Organisations.
The main objective of the training was to provide a platform for the participants to engage in robust discussions on the systemic obstacles that affect the ascendancy of women to leadership positions and provide them with an opportunity to introspect and come up with plausible innovative solutions and identify opportunities for change.
Further, the training would address the gender gap in the legal profession and also interrogate possible capacity building initiatives for the participants, which will enable them to effectively advance women’s rights through various advocacy techniques.
In addition, the training also sought to provide an opportunity for the Judicial Service Commission and the Lesotho Law Society for dialogue on improving the situation of women in the legal profession, as well as contributing to the promotion and protection of women’s rights and access to justice.
May 10, 2015 | News
From 11-15 May 2015, the mission will meet with a variety of stakeholders, including officials in the executive, the Ministry of Justice, the judiciary, members of Parliament, the legal profession, media, political analysts and civil society.
The International Fact Finding Mission in Swaziland (IFFM-SZ) is led by the ICJ, in collaboration with the Africa Judges and Jurists Forum (AJJF), Judges for Judges Netherlands (J4J) and the Commonwealth Magistrates’ and Judges’ Association (CMJA).
The mission aims, among other things, to:
- Assess the domestic legal framework (constitutional, legislative and administrative) and practice as it pertains to the independence of the judiciary and the legal profession in Swaziland;
- Identify obstacles posed – legal, structural, and practical – by the state of the independence of the judiciary to the capacity of the judiciary to fairly administer justice, including in relation to the protection of human rights;
- Gather information on and assess the relations between the critical stakeholders in the justice delivery chain;
- Gather information and assess the operations of the Chief Justice’s office in key delivery areas, such as the case management system (including the allocation and tracking of cases);
- Consider practice directives on administration of justice;
- Evaluate systems and practices for the appointment and disciplining of judicial officers and support staff;
- Assess whether an adequate programme of continuous legal education is in place for judicial officers; uphold the institutional and individual independence of the judiciary; and
- Assess the availability of access to justice.
The mission will rely on international human rights law and standards.
After the completion of the field meetings and interviews, ICJ will release a report detailing its findings and recommendations directed to key stakeholders for their consideration and implementation.
The ICJ is committed to supporting all stakeholders in strengthening the independence of the judiciary, the legal profession and observance of the rule of law in Swaziland.
The mission comes against the background of a number of recent developments of concern for the independence and accountability of the judiciary in the country.
Read also:
Swaziland: arrest of judges raises serious concerns
Leading legal voice intervene at UN level in the case of detained Swazi lawyer Thulani Maseko
Additional information:
The mission team is composed of Judge Moses Chinhengo (of Ruwa, Harare, Zimbabwe, retired High Court Judge Botswana and Zimbabwe; ICJ Commissioner; Interim Chair AJJF, Head of the IFFM-SZ) ; Judge Charles Mkandawire (of Lilongwe, Malawi, High Court Malawi; ICJ Commissioner; Regional President-CMJA and member of the IFFM-SZ) ; Judge Oagile Dingake (of Gaborone, Botswana, Professor of Public Law at University of Cape Town, Judge Residual Special Court of Sierra Leone, Judge High Court Botswana; member of the IFFM-SZ) ; and Judge Tamara Trotman (of The Hague, Netherlands, Judge of Court of Appeal in The Hague, Chair Judges for Judges, member of the IFFM-SZ).
The judges are supported by technical staff: Laurens Hueting (Legal Adviser, ICJ-Centre for Independence of Judges and Lawyers), Otto Saki (Senior Legal Adviser, ICJ-Africa Regional Programme) and Justice Mavedzenge (ICJ Consultant and University of Cape Town PhD Candidate and Rapporteur).
Contact:
Arnold Tsunga, Director, ICJ Africa Regional Programme Director, t: +27731318411 ; e: arnold.tsunga(a)icj.org
Picture by Darron Raw
Apr 23, 2015 | News
The ICJ is concerned at the recent arrest of Swaziland High Court Judges Jacobus Annandale and Mpendulo Simelane, the High Court Registrar Fikile Nhlabatsi and the Minister of Justice Sibusiso Shongwe.
The four detainees appeared today before High Court Justice Qinisile Mabuza (photo).
Justice Minister Sibusiso Shongwe was denied bail and remains detained, while the other two High Court Judges and the registrar were released on bail.
The judges, registrar and Minister of Justice are all facing various charges related to corruption and obstructing the course of justice.
The ICJ is also aware that police are presently seeking to arrest Chief Justice Michael Ramodibedi, and that they have surrounded his place of residence.
The ICJ has received information alleging that the police have cut off the electricity and water and have actively prevented people from bringing food supplies to him and his family.
The ICJ urges the authorities in Swaziland to immediately investigate the situation of the Chief Justice and, if the allegations are substantiated, to immediately restore supply of essential services to the Chief Justices family, denied in violation of rights guaranteed under the Swaziland’s Constitution and its international legal obligations.
“The arrest and attempted arrest of several judges, and a High Court Registrar as in this case, invariably raises questions of separation of powers and the independence of the judiciary,” said Wilder Tayler Secretary General of the ICJ.
“The ICJ therefore calls on the authorities in Swaziland to conduct themselves with rigorous adherence to rule of law principles, the separation of powers between the executive and the judiciary. They must also do so with strict respect for international human rights law,” he added.
The ICJ emphasizes that the Chief Justice and the other judges are entitled as everyone else in Swaziland to freedom from arbitrary detention and the right to a fair trial guaranteed under international law.
These protections include the right to be informed the reasons for their arrest and the nature of any criminal charges, the right to representation by a lawyer of their choice and the right to be considered for bail if appropriate.
If no crime is alleged, but serious professional misconduct is suspected, then arrest and detention is inappropriate.
Additional information:
The ICJ has had longstanding concerns with the state of the independence of the judiciary and legal profession and the fair administration of the justice in Swaziland.
The ICJ has recently intervened in a case involving the conviction of prominent lawyer Thulani Maseko in an unfair trial.
For an ICJ analysis of the independence of the judiciary and legal profession in Swaziland, go here.
Contact:
Arnold Tsunga, Regional Director, ICJ’s Africa Programme, t: +27 731318411, e: arnold.tsunga(a)icj.org
