For some time, Burkinabè justice has been at the center of a cabal tending it in order to achieve an unspeakable objective: that of restoring the presidency of the Head of State and the vice-presidency of the Minister of Justice to the Councilsuperior of the magistracy.The preparatory actions are, among other things, constituted by the demonstration before the Ouagadougou courthouse authorized by the administrative authorities and the serious declarations of the first officials of our country.
Regarding the demonstration, the actors of the legal world had the unpleasant surprise to note that an authorization had been given to the association for the promotion of democracy and citizen participation led by Ms. Lopez/Zongo Safiatou by the Special Delegation ofThe municipality of Ouagadougou to challenge the provisional freedom decisions of certain accused of the Ouagadougou military court.
On the occasion of this remote -controlled event which took place on Thursday 02 June 2016, Ms. Lopez/Zongo Safiatou said that: "It will hurt that the courthouse knows the same fate as the justice but if the justiceDo not give us the choice, we will have no choice ”.
This demonstration intervened after a media outing of the Minister of Justice on the occasion of which he declared that there is the law but that the judges must take into account the aspirations of the people as if it were impossible in political powerto take into account this concern by legislating simply to impose on the judge to make the most "popular" decision that can be seized when it is seized.
Concerning the reactions of the highest authorities of the State, the judicial actors followed with great astonishment the words of Mr. Salifou Diallo, president of the National Assembly, during the training of young people of the MPP on the basic values ofSocial Democracy (from 03 to 05 June 2016) which said in particular that: "We will not leave the power of arms to fall into the power of the judges.Our judges have become business owners and for our justice to be social and fair, it would be necessary that at the next constitutional revision, we put safeguards so that it meets the aspiration of our people ".
Regarding His Excellency the President of Faso, during his last trip to Dakar on June 03, 2012, he declared in front of our compatriots living in Senegal that: "I would simply like to tell you that during the transition, hebeen decided to reform justice to make it independent, by withdrawing from the Superior Council of the Magistracy the President of Faso and the Minister of Justice, because we consider that the presence of these two prevents the independence of the justice.Today, in terms of justice, the decisions that take place there, we are not involved.
Unfortunately, when you have people in provisional freedom, the trend is to say that it is the government that has said to release them, but ourselves, we learn decisions like everyone else.This means that in terms of the application of what we have called the independence of justice, I believe that today, each Burkinabè understands why it is necessary that the president of Faso and the Minister of thejustice are at the Superior Council of Magistracy.Because if you have a state where the judiciary is its own boss, it can create a lot of problems.And I believe that during constitutional discussions for the transition to the 5th Republic, these will be matters that will be reviewed, with regard to reality and applicability on the ground ".
This position was resumed during his stay in the United States of America where the president of Faso went beyond his first statements by regretting, against all expectations, to have been opposed the secret of the investigation and the'independence of the judge when he, according to his own words, summoned the judges of the military court to report to him by the state of the "Sankara file".
In view of the various acts and aforementioned remarks, the magistrates' unions would like to recall that the political program of the People's Movement for Progress (MPP), party in power, as well as the National Pact for the Renewal of Justice resulting from the Estates General onThe justice of which the MPP is signatory, devote the necessary independence of the judiciary.
Dedicate in such a short time and even as the establishment of organs from the disconnection of the Superior Council of the Magistracy of the Executive is always in the course and therefore does not allow in the state to judge the efficiency ofThese reforms to see them possibly, lets imagine.Except to say that they must be involved in decision -making, we do not see what is the relationship between criticism made to court decisions, moreover of the military court which does not fall under the superior council of the magistracy, andthe return of the president of Faso and the Minister of Justice in the said Council.
Besides, about the latest decisions, political power in its communication puts elements so inaccurate and erroneous on the public square that the magistrates unions cannot help but think that it is.
As a result of what is noted, the magistrates' unions invite the rulers of the moment:
to surround yourself with the maximum of possible information, and at the end, to have the courage of a true communication both in law and in fact;
to maintain the word given as to the advent of independent justice and to translate it into their acts and words.On this subject, the quality of the exchanges relating to their decrees, but also on the independence of the justice envisaged in a more global way, that the unions of magistrates had in a more or less recent time with the president of Faso does notseemed to be able to suggest the possibility of the current debate;
Finally to remember that one of the main guides of the popular insurrection of October 30 and 31, 2014 was the advent of independent justice, and more particularly, the advent of justice withdrawn from any political grip.
The magistrates unions do not want a permanent misunderstanding with political power but they will always refuse with the last energy that the independence of justice, instead of being reinforced, can be called into question.
Non à des juges acquis !
Non à des juges faciles et dociles !
Non à une justice servile !
Oui à une justice indépendante au service de tous !
Ouagadougou, le 10 juin 2016
The secretary general Dusyndicat of Burkinabè magistrates
Christophe Compaore
The secretary general of the Burkinabè magistrates union
Moriba Traore
The secretary general of the Autonomous Syndicate of Magistrates in Burkina
S.Antoine KABORE
