Fair judges were transferred or dismissed
Tuesday Jul 17 2007.
In the framework of the debate opened by El Khabar on justice reform project, seven years after its submission to the President, Mr. Mohamed Ras Eline, the former head of magistrates’ national association, called to identify
whom is responsible of the burial of justice reform report and talked about the judiciary independence and the role to be assumed by the Higher Council of Magistracy.
Mr. Ras Eline said that justice reform has been decided after the system proved to be deficient in undertaking its roles, but how and what is targeted by the reform? Is it for justice, as an institution, or as a human value, or both?
He thinks that if the think is about justice institutions reform especially regarding the judiciary independence, he underscored that the Higher Council of Magistracy, as a constitutional institution, has to play fully its role.
When it comes to justice as a philosophical and a human value, the focus has to be made on the human capital, namely the judge. However, “there have been fair judges who have not been transferred only but dismissed. How can we talk about the magistrate immunity?” he said.
As for hearings that take time and last even at a late hour, Mr. Ras Eline underscored that the judge, according to his constitutional powers, has to decide on cases on fair and loyal basis, so this situation is likely to undermine his faculties along with the answerable and defense lawyers. He stressed that neither the judge can pronounce acceptable verdicts, nor the answerable can be convinced or the defense can undertake its missions in achieving justice.
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