Minister Mamoudou Kassogué during the 3rd day of press and justice exchanges “The independence of justice is a question which is addressed, above all, to the magistrate himself in his state of mind”

“Ethics and deontology of the magistrate, what impact in the fight against corruption?” was the theme of the third day of Press and Justice exchanges initiated by the Maison de la Presse in partnership with the Ministry of Justice and Human Rights, Keeper of the Seals. This meeting was placed under the chairmanship of the Minister in charge of Justice, Mamoudou Kassogué, on Thursday, September 15, in the presence of several justice officials and media men. “The theme that has been chosen is all the more relevant since this third day is being held at a time when my department is seeking to make operational the new National Economic and Financial Pole which will, I hope, change the face of our justice. in the matter,” said Mamoudou Kassogué. On this occasion, Minister Kassogué delivered a speech which we publish in full.

I have the great pleasure of being with you this morning on the occasion of the opening of the Third Day of Exchanges “Justice and the Press” whose central theme is: “Ethics and deontology of the magistrate, what impact in the fight against corruption? “.

At the beginning of my remarks, I would like to pay tribute to you, dear media professionals, and to express to you all our gratitude for the professionalism and the promptness with which you were able to accompany us within the framework of the second Day of “Justice and the press”. The success of the first two days is, without doubt, the proof that justice and the media are in a natural alliance characterized by the search for elements whose good exploitation makes it possible to serve the citizens in their quest for information or justice.

My Department, by sealing this dynamic partnership between the Press and Justice, is aware of the fundamental role of the Press in the administration and distribution of justice, as an instrument of awareness against incivility and its corollary of behavior offences, but also as a compass for the orientation of legal action in certain procedures.

I would like to salute the open-mindedness and the great availability shown by the managers of the Maison de la Presse to achieve this result.

The central theme of this third day “Ethics and deontology of the magistrate, what impact in the fight against corruption?”is as much a subject of current events as of national concern because of the depth and complexity of the phenomenon of corruption in our country.

The failure of the measures taken by successive governments can largely be explained by the inconsistency and inconsistency of public policies in this area as well as the inefficiency and inadequacy of the institutional legal framework.

To these shortcomings must be added the failure to observe the rules of ethics and deontology in the management of public assets.

An objective analysis of the situation leads us, inexorably, towards the responsibility of the State with regard to the low level or the absence of repression vis-a-vis the deviant behaviors of the gravediggers of the public resources.

This is to tell you that in view of the magnitude of the phenomenon which affects almost all sectors of activity, the theme of this day could have been entitled “ethics and deontology of public officials in the face of the scourge of corruption”.

We decided, in a specific way, to deal with the problem with regard to the magistrates because of the importance of their mission in the fight against the phenomenon.

Indeed, justice is the fundamental lever that the State must use to guarantee the implementation of a policy that leaves no room for impunity in this area.

This can only be a reality when the very people responsible for applying the law to economic and financial offenders exercise their function in strict compliance with the rules of ethics and deontology which govern their profession.

Misappropriation of public funds, biased control or verification missions, ineffective judicial procedures, non-execution of court decisions with regard to monetary convictions, non-application of texts on disciplinary sanctions have ended up create impunity and the feeling of impunity which must be fought with determination and perseverance.

There lies the whole role of justice to ensure that these insufficiencies and these weaknesses do not continue to serve as an avenue for public officials, without scruple, who plunder the resources of the State, thus preventing the needs of investment in the various development sectors of our country.

As much as the technical and professional qualities of magistrates are necessary for the quality of the decisions they render, their independence, in the face of any influence, is an essential necessity for the sound application of the law.

On this point, the independence of the judiciary, which is based, in theory, on the texts and, in practice, on the material and financial conditions in which judges exercise their profession, is a question which is addressed, above all, to the magistrate himself in his state of mind.

Independently of the values ​​which frame the behavior of the magistrate for his good conduct outside and in his service, it is necessary to implement an effective mechanism to sanction breaches of the rules of ethics and professional conduct characterized by the questioning of his responsibility.

In this respect, it is important to underline that the magistrate’s liability linked to the violation of the rules of ethics and professional conduct is a question which primarily concerns the Department of Justice, but also the magistrates’ trade union organizations in a dynamic monitoring and implementing disciplinary sanctions in accordance with the texts.

On this subject I would like to affirm, here, with force, my will and my determination to assume my role within the framework of the internal control in order to banish the deviant behaviors and to encourage the good practices for a healthy distribution of justice.

On this chapter, I am delighted with the results already obtained by the Inspectorate of Judicial Services, whose missions will continue, certainly with pedagogy, but with rigor and objectivity.

In the same way, training actions on the theme related to ethics and deontology have been implemented by the National Institute of Judicial Training “Master Demba Diallo” for those involved in the justice system, in particular magistrates.

The theme that has been chosen is all the more relevant since this third day is being held at a time when my Department is seeking to operationalize the new National Economic and Financial Pole which, I hope, will change the face of our justice in matter.

Indeed, everything seems to contribute to the implementation of a synergy of actions against the phenomenon of corruption, not only by the creation of this Pole, but also and above all, by the adoption of new legal provisions guaranteeing the effectiveness of procedures and diligence in handling files.

It is also worth noting the dynamic partnership that has been established between the control or verification structures and the Department, encouraging the strengthening of the judicial authorities in the conduct of the generally complex procedures which require, among the magistrates in charge of corruption cases and assimilated offences, in-depth and specific knowledge.

Allow me to welcome the presence among us of Hamèye Founé Mahalmadane, a magistrate and former Minister, who was kind enough to agree to be the facilitator for this third day despite his many occupations.

His long and rich experience in judicial practice and in teaching at the level of the National Institute of Judicial Training “Master Demba Diallo”particularly in terms of ethics and deontology, amply justify the choice made of him to talk to you about this theme.

We should also salute, as in the previous days, the commitment and availability of Chahana Takiou, an eminent media man, who agreed to put his experience and his time for the implementation of this activity as moderator .

I would like to take this opportunity to express my warm and sincere thanks to Canadian cooperation for its support in the implementation of this third day of exchanges between justice actors and media personnel, thus strengthening the dynamic partnership that exists between our country and Canada.

I cannot end without renewing my thanks to the President of the Maison de la Presse for his availability and his commitment to the sustainability of this partnership between justice and the world of the press.

I would like to associate with these thanks all the press organizations for their mobilization, their open-mindedness and their support for the success of these days.

I am convinced that justice and the press, hand in hand, will offer our people a space for exchanges promoting the awakening of consciences for the full and complete participation of each citizen in the work of national construction. .”

XX

Justice: towards the creation of an agency for the management of frozen, seized or confiscated property

On the report of the Minister of Justice and Human Rights, Keeper of the Seals, the Council of Ministers of Wednesday, September 14, 2022 adopted draft texts relating to the creation, organization and operating procedures of the Agency for the Management of Frozen, Seized or Confiscated Assets. The Government has adopted Law No. 2021-051 of September 29, 2021 amending the Code of Criminal Procedure to strengthen the institutional framework in the fight against corruption and economic and financial crime. This amendment made it possible to establish the National Economic and Financial Pole and to correct the shortcomings of the Code of Criminal Procedure in terms of seizure.

However, the conservation and management of property seized in the context of criminal proceedings, currently ensured by the Registry, are faced with serious difficulties at the level of the jurisdictions with regard, among other things:

– the state of conservation of the objects seized, their management and the responsibilities related to this management before determining their fate at the end of the procedure;

– the insufficiency of means to ensure the conservation and maintenance of the property seized pending the end of the procedure.

It appeared necessary to resolve these difficulties in accordance with the relevant provisions of the international legal instruments for the fight against corruption and related offenses to avoid compromising the disinterestedness of the victims.

The draft texts are adopted within this framework. They create, in the form of a public establishment of an administrative nature, the Agency for the Management of Frozen, Seized or Confiscated Assets. The creation of this Agency contributes to the improvement of governance in the area of ​​asset management in the context of criminal proceedings.

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Source: Maliweb

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J. A. Allen

Author, blogger, freelance writer. Hater of spiders. Drinker of wine. Mother of hellions.

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