Attacks on Justice 2005: Chad

Africa
Issue: Independence of Judges and Lawyers
Document Type: Publication
Date: 2008

In Chad, administration of justice is weak as the conditions in which it operates are poor.

The 2003 Etats Généraux de la Justice highlighted numerous failings in the judiciary and recommended legal reforms to improve it.

Despite the drawing up of a judicial reform program for the period 2005-2015, the long-awaited changes have yet to take place. Although independence of the judiciary is enshrined in the Constitution, in practice it is subject to interference from the executive and thus is not independent.

In March 2005, judges went on a three-day strike to protest at the absence of judicial independence and violation of the principle of security of tenure. The judiciary has completely lost public trust and there are increasing signs of a parallel justice system being operated in rural areas by the police and traditional leaders.

The rules pertaining to pre-trial detention, the presumption of innocence, the speed of proceedings and legal aid are not enforced. Growing insecurity in the country also affects judicial actors who are regularly threatened, assaulted or killed.

In the course of 2003 and 2004, all judicial actors went on strike in protest at the lack of security and interference from the executive.

Chad-attacks on justice-publications-2005 (full text, PDF)

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