by Alexis Kalambry, Mali, October 1997
THEME = JUSTICE
Let's take an example: Two citizens are involved in a legal case. The first wants the judge to pronounce in his favour, so he discreetly brings the judge a pot of honey. The second citizen hears what's going on, so he hurries to offer the judge a bull. The next day, when it comes to the court hearing, the citizen who offered a bull obviously wins the case. When the verdict is announced in court, the first protagonist shouts out: "Since yesterday, I knew the bull would win the other fellow's case for him!"
Humorous, maybe, but the fact remains: Malians have no confidence in their country's justice system. What's the reason for this?
Explanations vary. Mr Ordinary Citizen, in the form of a young man whose having problems with a judge, says: "You want justice? O.K. But it depends on what you're prepared to pay. There's no justice for the poor in this country".
"You've only got to look at judges' lifestyle, and you'll see at once they don't just rely on their salaries", adds another.
For A.D., an economist, the judiciary is not independent: "There's people around who'll do everything possible to control the justice system in our country. But let's be frank. Do the judges really want complete independence? They're well paid and there's lots of them. Accepting money for "services rendered" doesn't bother them. Mali has a two-speed justice system. Pay up, and you get quick justice. Refuse to pay, and you'll see how long it takes to get a hearing!"
Judges sitting "on the Bench" are open to "interference" in the course of their duties, and their freedom of action is in danger of being challenged. But the same cannot be said for all those serving with the judiciary. (e.g. In the Attorney-General's Office)
Lawyer Kassoum Tapo is president of Mali's Bar Association. Last February, at the start of the new Law Term, he re-stated that "justices must remain free of all outside interference in the course of their duties. All attempts to influence them must be the concern of the appropriate authorities".
Lawyer Seydou Maïga, is secretary of the Malian Bar Association. He informs us that there are about 520 registered lawyers in Mali, and according to the Association, their relations with the judges are "very good". Also, the Malian Human Rights Association (AMDH), together with the Malian branch of the African Human Rights League, keeps a watching brief on human rights issues in Mali.
Idrissa Senou, is an Attorney-at-Law. He explains that in Mali's legal system, there are three levels of justice. "Local courts, county courts and the Supreme Court of Appeals. There's also a Constitutional Court, which is not a court of law, but which passes judgement on the constitutionality of the laws themselves."
Daniel Tessougué is chairman of the Independent Judges' Association. He doesn't beat about the bush! "Justice in Mali is independent". But he goes on to ask: "Do the judges really want this independence - in spite of the fact that this independence is guaranteed by the Constitution when it deals with the notion of the rule of law?"
When analyzing the present situation of Mali's judiciary, it's clear that what is presently happening among the judges, must have a bearing on the entire judicial system.
Mali's Constitution (Article 89) states that "judicial power is independent of the legislative and executive powers". The Chairman of Mali's Judges' Association, goes on to explain: "In the exercise of his duty, a judge is subject only to the authority of the law. He has no other constraints at all".
The status of judges is well-defined and clearly set out. In the final analysis, judges are appointed by the President of the Republic, on the recommendation, not of the Council of Ministers, (as happens in some countries), but of the Higher Council of the Judiciary.
Lawyer Touré says that "it takes a long time to become a judge. You need at the very least, a Master's degree in Law, and you must pass an examination. Only after this, is a candidate admitted to the 18-month's course at the Judges' Training School. Then comes a year's further training, at the end of which he/she sits an examination to determine their grade as judge. They are then considered to be part of the judiciary".
The Higher Council of the Judiciary consists of 17 members, 8 are members by right, the other 9 are elected by their peers. The disciplinary council which imposes sanctions on judges "found wanting," needs a quorum of six elected members. Daniel Tessougué says that "the purpose of all these precautions, is to guarantee the freedom of the judiciary. Previously, judges were chosen for promotion. Nowadays, they are eligible for promotion every two years, depending on their performance. Also, the question may be asked, do judges really want the independence guaranteed them by the law during the exercise of their duties? (There's a whole series of legal texts ensuring them of this independence), but their behaviour leads one to think otherwise. It's clear there is a gulf between the people and justice. Unless of course, both judges and people have completely misunderstood what justice is all about!"
Daniel Tessougné goes on: "The curse of "demon money" has raised its ugly head. When money enters the courtroom, justice goes out through the window".
Then there's the race for lucrative jobs among our judges. "It's scandalous to see the court paid by judges to politicians, so they can obtain the posts they consider the most financially profitable", states another judge. "When you bow and scrape to get a job, can you still call yourself, independent?"
Mali has about 300 judges for a population of about 10 million. This includes all classes of judges (also those in the Attorney- General's Office). The total is still below the norm, which should be about one judge per 20,000 inhabitants.
Are Mali's judges able to do the job? "No" is the answer, but this time the State's attitude is called into question. District Court Number Six's judge, puts it this way: "When you want to get results, you provide the necessary resources. But the resources available to Mali's judiciary are insufficient to achieve the results required. We ask ourselves if the State really wants to let us work".
Special courts now have their own premises, but for a long time, they were renting space in cramped houses, where the judge had to share an office with two or three other people.
That's hardly serious, is it?
END