Pr. Mohand Issad: Justice reform report buried and the president is responsible
Pr. Mohand Issad:
Justice reform report buried and the president is responsible
Courageous judges are sanctioned
El Khabar, 9 July 2007
With awful bitterness Professor Mohand Issad has done a negative assessment as regards the report on justice reform submitted to President Bouteflika seven years ago. He says that the report was neglected and the president holds a margin of responsibility. In an interview with El Khabar, the legal expert talked about the judiciary system status quo on which he said “it is not a source of pride”. The head of the investigations commission on 2001 Berber Spring events talked about other issues namely military tribunals calling to their suppression as “they do not serve the militaries themselves”.
El Khabar: What is the fate of the report on justice reform you’ve been in charge to elaborate seven years ago after its submission to President Bouteflika?
Pr. Issad: I really don’t know. What I know, and you do, as journalists, is that the judiciary has not implemented the report recommendations.
El Khabar: A lawyer reported that you said that the report was buried. Is it true?
Pr. Issad: I do not remember. But, as far as it is the opinion of a lawyer who pleads daily before justice courts, I do agree with him. When it comes to the report on justice reform, I cannot but be horrified for the number sentences published daily by the press. I cannot take pride of my country’s justice when I see imprisonment verdicts and international warrant of arrests number.
El Khabar: To what this situation is owed, and who is responsible?
Pr. Issad: To not embarrass anyone, I got to say: the State.
El Khabar: Do you think that President Bouteflika also is, as he was the one who entrusted to you the elaboration of the report and he is the trustee of the aforementioned report?
Pr. Issad: He sure is… but he does not bear the responsibility alone, other institutions share it equally with him.
El Khabar: Lawyers union contested the “carelessness” of defense rights by the reform report which was among the motives of the strike they went on last month…
Pr. Issad: You did well raising this question. Since the independence, lawyers have not organized a coordinated movement to advocate their rights nationwide. The strike they went on to claim their rights mirrors that the report recommendations have not been implemented, and the reality that strikes us today is that we have realized none of the sought-after goals seven years after the elaboration of the report. I may add another remark: justice reform cannot be restricted to the number of cases on which the court gave a ruling, the importance lies in the fact not to treat cases statistically; we do not look forward for a quantitative but a qualitative justice system.
El Khabar: The report called justice ministry not to intervene in the judge affairs except when it comes to public suits and appeals to the court of cassation that are under the general prosecutor prerogatives. How do you assess justice independence?
Pr. Issad: justice independence is not a mere banner used in the festivities organized by civil society movements or advocated by the press; it rather is the reflection of the citizen confidence in the judiciary system. However, the reality is completely different. On this regard, I call the political power to be keen on assuring fair trials.
El Khabar: Don’t you think that judges are equally responsible of that issue?
Pr. Issad: A judge is a mere employee under the authority of the ministry; he suffers, as all Algerians, from poor wages and housing crisis, moreover the pressure to which he is submitted. That is why I cannot ask him to be equitable, fair and impartial; I ask it to the political power. However, I ask the judge to be courageous, in spite of the fact that the ones who do so are submitted to sanctions.
El Khabar: You mentioned in your report judge’s human composition deficiency, and you underscored that they badly need refreshment and training sessions. What came up to that aspect of justice reform?
Pr. Issad: There has been no noticeable change. Bachelor degree is still the ultimate milestone in their training, which degree has to be leveled itself.
El Khabar: There are delegations made up of judges sent periodically abroad for training sessions and refreshment courses…
Pr. Issad: It does mean nothing; it is useless to send a judge for training to the USA while the two judiciary systems are completely different.
El Khabar: what is your assessment of the Supreme Court and the State Council role in the implementation of the law?
Pr. Issad: I can simply say that the two institutions can undertake better their missions; the same thing is applicable to the other sectors provided that the suitable atmosphere is available.
El Khabar: As for the setting up of the judiciary poles?
Pr. Issad: All along my professional career I have not heard about them, so I cannot say anything in this regard.
El Khabar: The report mentions a revision recommendation of 1972 ordinance ruling military justice in order to guarantee the independence of judges from the national defense ministry and ensure the rights of the answerable, why have no change been introduced to this legal text despite the deep mutations the country underwent?
Pr. Issad: We seek a more opened military justice in order to preserve the right of the civil party in the litigation. The revision of this ordinance is beneficiary for militaries themselves who appear before judges. It is inconceivable that a lawyer has to be accredited by the military tribunal so as to be able to plead and the trials are held in camera! This will serve neither the militaries nor the image of the country.
09-07-2007
By Hamid Yes/ Translated by N. K
