2023-04-27 04:21:40
Two magistrates who are members of the Malian Association of Prosecutors and Prosecutors are the subject of two disciplinary and judicial investigations before the Superior Council of the Judiciary and the Court of Appeal of Bamako for refusing to honor the Convocation of the inspection of the judicial services.
The showdown between the Minister of Justice and the Malian association of prosecutors and prosecutors and the Trade Union Reference of Magistrates (REFSYMA) is far from having its epilogue. A new chapter has just opened with the announcement of the Minister of Justice, Human Rights lMan and the Keepers of the Seals of the opening of a disciplinary and judicial investigation against the magistrates, Dramane DIARRA and his comrade in the fight, Mohamed Chérif Koné. The first procedure, according to the press release from the Minister of Justice, is open before the Superior Council of the Judiciary. The second investigation will be conducted by the Court of Appeal of Bamako. Minister Mamadou Kassogué justifies the reasons for opening this investigation on the grounds that the two magistrates refused to honor the summons of the chief inspector of judicial services.
In his statement, the Minister of Justice recalls that the two magistrates, members of the Malian Association of Prosecutors and Prosecutors, participate in the political activities of a group of organizations that are fundamentally political and bearer of demands of an absolutely political nature called “Appeal of February 20, 2023”.
The Minister considers that the behavior of these magistrates is at odds with all the rules of ethics. “It is important to point out that the active participation of magistrates in this grouping, even with union coverage, is not in accordance with the ethics and professional conduct of this profession, as specified in particular by articles 19 and 20 of the code of conduct. , 71 of Law No. 02-054 of December 16, 2002 on the status of the judiciary”, defends the Minister of Justice.
Article 20 of the code of ethics on the status of magistrates prohibits “magistrates from joining political parties, participating in political meetings and political financing activities, contributing to political parties or campaigns, even less from participating publicly in political debates…” Faced with the refusal of the persons implicated by the Chief Inspector of Judicial Services., the Ministry of Justice warns that ” these facts are likely to constitute the offense of opposition to the legitimate authority provided for and punished by the provisions of article 84 of the Penal Code ».
He seized not only the Superior Council of the Judiciary for the opening of a disciplinary investigation but also he ordered the Attorney General at the Court of Appeal of Bamako to open a judicial investigation against the above-named for opposition to the legitimate authority and any other offenses which the investigations will uncover. But the magistrates in question remain straight in their boots.
For Magistrate Dramane Diarra, the Minister of Justice always remains in small arrangements and complacency with regard to politics to extend his stay at the head of the Department of Justice, or in personal and petty conflicts to settle scores. that relate only to his ego. He mocks and denounces procedures as fanciful as they are illegal.
“You are the only one not to realize the danger in front of which you have led our justice, and all its institution”, declared Dramane Diarra. Continuing, he considers that the procedure of illegal administrative inquiry which the Minister of Justice concludes to a possible opposition to the legitimate authority nevertheless falls, according to him, to the judicial inquiry. “You administer to the face of the world your ignorance of the difference between an administrative investigation and a judicial investigation”, decides this magistrate who is engaged in a real arm with his hierarchy.
I’m DIAMOUTENE/Web.net
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