by Missé Nanando, Chad, July 1997
THEME = JUSTICE
Chad's judiciary consists of 120 judges, plus 400 other officials associated with the judiciary, and 24 lawyers in 11 Chambers. Is it a problem or an advantage to have such a small number of lawyers for a population of 6 million? What is the reason for this small number of people involved in the service of the judiciary in Chad, and how can it cope with covering the whole vast country of 1,248,000 sq.km? In order to sketch out some sort of reply, we must first of all determine how justice is administered in Chad.
The 120 judges previously mentioned, includes those in the Attorney-General's Office and those who sit on the Bench. (We use the word "judge" for those officials who sit on the Bench, and those who serve as Public Prosecutors and Examining Magistrates).
The question which has arisen regularly in socio-political debates in recent years in N'Djamena, is that of the judiciary's independence. The law in Chad contains many clauses intended to make the judges truly independent. But looking more closely, it's clear much remains to be done.
For example, Chad's Constitution states that a judge is not appointed, but recommended according to strict rules. The Judges' Association proposes names to the Justice Ministry. The latter initials the recommendations, which are then presented for approval to the Council of Ministers. The same law says that while the judge is not appointed, he or she nonetheless gets promotion, just like any other State employee. Every two years, judges can move up the salary scale, by demonstrating satisfactory performance.
Judges remain in office on a permanent basis. That is to say, Article 153 of the Constitution states that judges may not be posted, anytime, any place, or anyhow, without prior consultation. Their own wishes must be taken into account.
All these conditions, shows the Law's concern to guarantee judges' independence. But in practice, quite another situation prevails. As regards a judge's posting, for example, very often the fallacious argument of "the needs of the State" is invoked, in order to move a judge who is trying to evade the administration's grip. The same attitude, can be seen in the case of certain judges, who are left to stagnate for years without the promotion they need, simply because they are not of the same political persuasion as the Minister of Justice. The trend towards discouragement, slowness and industrial action noted recently among judges and those associated with the judiciary, bears witness to these social injustices.
The judiciary's independence is, therefore, only a paper promise. Judges experience endless problems in the exercise of their duty, because of the interference of administrative authorities. This trend towards excess interference in the work of the judge, damages the function of justice.
For example: if litigation is brought against a worker belonging to an international NGO operating within the country, the Foreign Affairs Minster can put pressure on the judge to influence his decision. His reason being - the NGO concerned, is bringing money into the country, and to condemn it would risk seeing the NGO leave Chad.
Another fact which cannot be ignored, is that many citizens have no idea how the justice system operates. Instead of addressing their complaint to the Court, they send it to the Justice Ministry. Once aware of the complaint, the minister can give the judge in charge of the case, a call, and block the matter.
Another example: as the law stands, a judge sitting on the Bench, is not accountable to the Justice Ministry. But in practice, when a citizen who is related to the minister loses a case, he may appeal to his relative, who then asks the judge for an explanation, especially when family or clan interests are involved. In 1994, a difference over a piece of land between two large families was brought to the N'Djamena court, and the whole court building was surrounded by armed men, after one side lost the case. A battalion of armed police had to be mobilised to defuse the situation. As for the judges and lawyers, they had to take to their heels in order to escape with their lives.
One of the problems faced by a judge in Chad, is that he is the "poor relation" in terms of salary. Compared to other public sectors, the judiciary is very poorly paid. In the unfavourable socio-economic context, caused by the devaluation of the CFA franc, and the lower purchasing power of Chad workers in general, judges are exposed to temptations such as corruption, misappropriation of public funds and nepotism. Some witnesses, however, say that Chad's judges are, nonetheless, the least corrupt in the sub-region, even though corruption does actually exist. The most common practice is that on the day before a hearing, one of the plaintiffs arrives at the judge's home to offer a bribe. Often enough, bearing in mind the situation described above, the judge allows himself to accept the bribe. The country would benefit if those working for the judiciary (judges and those associated with the judiciary), were protected from material considerations.
Another matter which blights Chad's legal picture, is that of the Defence. In a country which has been at war since independence, how can lawyers actually organise their clients' defence? During the dictatorship, they often lived hidden lives, and they only came out into the open, when political plurality and free association were accepted in Chad.
We must remember that Chad only has 24 lawyers, (10 of whom are in training), for 11 Chambers. Many of these, began work only after the democratisation process was under way. Their very low number is partly explained by the fact that, from 1982 to 1992, six lawyers died, of whom three were assassinated (Lawyers Hamadani Annouar, Ousmane Touadé and Joseph Béhidi). Young people wishing to make the law their career, are intimidated by the risks of the profession. In other countries in the sub-region, there are many more lawyers: Cameroon has more than 100, the Central African Republic more than 300 and Congo RDC also has more than 300. Chad is therefore notable for its lack of lawyers.
Although Chad's lawyers are members of a number of lawyers' associations - The Chadian Lawyers Group (GAT), The Union of Young Chadian Lawyers (UJAT) and The Chadian Bar Association, they do not have an easy task. There are many examples of this.
Throughout the country, arbitrary arrests take place. Police officers are not the only ones with powers of arrest. The National Security Agency (ANS), the political police) with many officers, most of whom are illiterate, can also arrest citizens who are normally accused of conspiracy against State security, counterfeiting or simply currency dealing. In 1995, Saleh Kebzabo, the present Minister of State, and Issa Ngarmbassa, previously Director General of Finances and Information Technology, were imprisoned, and only released after more than a week in the police cells, even though the law states that such detention may not last more than 48 hours. It was very difficult for their lawyers to provide their defence.
This right to a defence, is, nonetheless recognised by the Universal Declaration on Human Rights, ratified by the government of the Chad Republic. This states that a citizen has the right to a fair hearing, and that he or she must be given the opportunity of obtaining a proper defence. The principle concerned is, that the judge must hear both parties in the dispute. Even when the citizen has not the financial means to pay for his or her own defence, the law makes provision for legal aid, which allows the Court of Appeal to appoint a lawyer to defend the destitute person.
As well as the problems of applying the law, the lawyers also run serious risks themselves. They are caught in the crossfire. If a lawyer wins a case, the losing party may make an attempt on his or her life. If the case is lost, the lawyer may also be physically threatened by those he or she was defending. The lawyer is treated like a taxi driver, whose job is to take the passenger to the destination required. In reality, however, these days, many people bleed themselves dry in order to pay a lawyer. For these, it is inconceivable that a case could be lost. It should also be stressed that in the collective imagination, a lawyer must not lose a case. For this reason, in Chad, the law is not enough to promote active participation by citizens in public matters. Civic education must be developed so that everyone knows their rights, and the various means available for a free defence.
Despite the various judges' organisations, such as The Chadian Justices Association (SMT), the Association of Chadian Women Jurists (AFLT), plus the various lawyers' associations such as the Chadian Jurists Association (ATJ), and not forgetting the various human rights organisations, such as the Chadian Human Rights League (LTDH), the functioning of legal power in Chad is still very handicapped. It might be necessary to remove some of the Western appendages remaining in Chad's legal system. (After 36 years of independence, the French civil code of 1958 is still in force in Chad). The workload of Chad's judges should also be lightened, since substantive law and customary law coexist. The judiciary needs appropriate physical and human resources, in order to carry out its mission of public service properly. Finally, particular stress must be placed on the regular updating of personnel, as well as in-service training in the skills of the profession.
A well-functioning judicial system, is a force for cohesion, peace and development, in any country.
END