Judiciary of Niger
Judiciary |
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The current judiciary of Niger was established with the creation of the Fourth Republic in 1999. The
Judicial structure
Niger's independent judicial system is composed of four higher courts — the Court of Appeals, the Supreme Court, the High Court of Justice and the Court of State Security — as well as lower criminal, civil and appeals courts.
- The Supreme Court of Niger is the highest judicial body of the State in administrative, judicial and financial matters. The Supreme Court hears cases appealed from lower civil and criminal courts, it only rules on the application of the law and constitutional questions: the lower Courts of Appeals may decide appeals on questions of fact and law.[3]
- The Court of Appeals of Niger, one in each of Niger's eight regions, reviews questions of fact and law in criminal and civil law, and rulings may be appealed to the Supreme Court of Niger.[2]
- The Constitutional Court of Niger has jurisdiction over constitutional and electoral matters, and is a provisionally organised court, what the French legal system terms a cour d'exception. It is responsible for ruling on the constitutionality of laws and ordinances, as well as compliance with international treaties and agreements. The Court includes seven members. These seven members are chosen for six-year terms, renewable for two-year terms thereafter. The president of the court is chosen by the other member for three years. They are not removable. They must include certain professions chosen by certain institutions, and nominated by the President[4] It may be called upon to provide rulings by certain constitutional triggers (elections, referendum, constitution revision) or by the request of the President, the Speaker of the National Assembly, or by the vote of one-fifth of the members of the national assembly. When called upon to give binding rulings it is the final arbiter, and rulings must be carried out in 30 days.[5] Most recently it came into prominence when required to offer a non-binding ruling of President Mamadou Tandja's plan for a referendum on a new constitution. Its opposition, presented on 26 May 2009, triggered the President's dismissal of the National Assembly.[6][7]
- Crimes or misdemeanors committed by government officials in the exercise of their office are tried in the High Court of Justice, a cour d'exception. This court is composed of seven deputies elected from within the National Assembly on a provisional basis, and organised and instructed by the Supreme Court of Niger.[8]
- The State Security Court, established under the rule of military of Niger to try civilians accused of crimes touching upon state secrets, defense, espionage, or internal security. The closing of the court was one of the first acts of the 1991 National Assembly, which led to the Third Republic.[9] In 2007, some elements of the court were reestablished, but it may no longer try civilians.[2]
Criminal and civil courts
Nigeren law is based on the
Criminal trial procedure
The 1999 constitution and Nigerien law require a warrant for an arrest, and this generally is observed in practice, outside areas under special
Those arrested must be notified of their right to a lawyer within 24 hours of detention. Nigerien law allows individuals to be detained initially for up to 48 hours without charge, and allows an additional 48-hour detention period if police need more time to gather evidence. Detainees have a right to prompt judicial determination. Security forces must inform detainees of the charges against them promptly.[2] Law provides for a maximum pretrial confinement of 30 months for serious crimes and 12 months for minor offenses, with special extensions in certain sensitive cases.[2]
The law affirms the presumption of innocence. Trials are public, and
Civil Judicial system
Civil law in Niger is modeled on the French droit civil (civil law). Courts of civil procedure in each major city which hear lawsuits related to civil matters and can apply judicial remedies, while a single appellate entity is responsible for administrative remedies.[2]
Customary courts
Traditional chiefs can act as mediators and counselors and have authority in customary law cases as well as status under national law where they are designated as auxiliaries to local officials. Under customary courts and traditional mediation, individuals do not have the same legal protections as those using the formal court systems. They have authority to arbitrate in many customary law matters, including marriage, inheritance, land, and community disputes, but not in all civil issues. Chiefs receive government stipends, but have no police or judicial powers.[2]
Customary courts, which try civil law cases, are based largely on
Legal profession
Criminal and civil attorneys are titled avocat (advocate): the equivalent of the French avocat. An avocat is authorized to act in all legal matters between his client and other parties, including representation before a court.
Other legal professionals are notaires, legal technicians authorized to handle civil and commercial matters such as inheritance and other family law (except divorce), real estate, leases, mortgages, contracts and other business matters.
Should a case go before a court, however, a notaire must call upon the services of an avocat to represent his client. Both avocats and notaires carry the title "Maître" as a matter of honor.[11]
Prison system
Niger has thirty-five prisons, but these have been criticized for poor operations and overcrowding.[3]
Reported violations of rights
Judicial procedure
While citizens of Niger are provided with broad legal rights before the law, government interference, corruption, poverty, and a widespread ignorance of the law prevents many accused from taking full advantage of these rights.[2] Although lawyers provide counsel per government request, the government general has a history of failing to remunerate them.[2] Women do not have equal legal status with men in customary courts and traditional mediation, and do not enjoy the same access to legal redress.[2][12]
According to the United States government, there were reports in 2008 that several persons were detained arbitrarily under the state of alert. Detainees involved with sensitive cases were sometimes held longer than legally permitted.[2]
There were serious backlogs in the judicial system. Some persons waited as long as six years to be tried. At the end of 2008, 70 percent of the prisoners in Niamey's civil prison were awaiting trial.[2] Such trial delays have been attributed to lengthy legal procedures, inadequate resources, staff shortages, and corruption.[2]
Judicial impartiality
Although the constitution and law provide for an independent judiciary, this has not been the case in practice under the
A 2008 public opinion poll found that only 49% of Nigeriens had confidence in their judicial system, down from 56% in 2006.[14]
At the same time, local civil judicial courts are considered by the United States government to be generally independent and impartial, and there is access to seek damages for human rights violations.[2] One such case was the much publicised suit by a woman who successfully sued the Nigerien government for failing to enforce anti-slavery legislation in 2008.
See also
References
- ^ Niger:Système judiciaire Archived 2008-11-26 at the Wayback Machine. NIGER Situation institutionnelle. Sory Baldé, CEAN, IEP-Université Montesquieu-Bordeaux IV (2007) Accessed 2009-04-13
- ^ Public Domain. Portions of it may be used here verbatim.
- ^ a b Niger:A Comparative Criminology Tour of the World Archived 2008-08-29 at the Wayback Machine. Dr. Robert Winslow. San Diego State University. Accessed 2009-04-13
- ^ According to the Constitution, these are:
- Two professionals "of great experience", one chosen the Assembly, one by the President;
- Two magistrates, elected by their peers;
- One avocat (criminal lawyer) elected by his/her peers;
- One law professor of doctorate standing, elected by their peers;
- One representative of the Association for the Defense of Human Rights, chosen by that organisation;
- AVIS n° 02/CC du 25 mai 2009 de la Cour Constitutionnelle. Presented by PRESIDENT: Mme SALIFOU Fatimata BAZEYE and GREFFIER: Mme DAOUDA Fatima. 26 May 2009.
- ^ Articles 103-115.
- ^ Niger court says third-term referendum unlawful. Reuters. May 26, 2009
- ^ La Cour constitutionnelle du Niger s’oppose au projet de changement de constitution Archived 2009-06-04 at the Wayback Machine APA News. 25 May 2009.
- ^ Niger: une juridiction d'exception jugera l'ex-Premier ministre. AFP. 9 April 2009.
- ISBN 0-8133-2786-5
- ^ Jan Michiel Otto. THE SUPREME COURT OF NIGER AND POLYNORMATIVISM IN URBAN CENTRES: A COMMENT ON ABDOURAHAMAN CHAÏBOU. JOURNAL OF LEGAL PLURALISM 1998 - nr. 42 (pp. 171-178)
- Public Domain. Portions of it may be used here verbatim.
- ^ Islam, public policy and the legal status of women in Niger[permanent dead link]. Dunbar RA, Djibo H. Washington, D.C., Futures Group, Gender in Economic and Social Systems Project [GENESYS], 1992 Mar. 25, [20] p. (GENESYS Special Study No. 12|USAID Contract No. PDC-0100-Z-00-9044-00)
- ^ In latest judicial harassment of broadcasting group, director-general charged with “false news”[permanent dead link]. Reporters Without Borders. 3 April 2009.
- ^ Trust in Government, Media Declines in Niger. Drop in confidence between 2006 and 2007 greatest among men. Magali Rheault, Gallup, Inc. July 22, 2008
Further reading
- Source: U.S. Department of State, Niger Embassy to the U.S.
- (in French) NIGER. Situation institutionnelle. Sory Baldé, CEAN, IEP-Université Montesquieu-Bordeaux IV. Accessed 2009-04-13
- Samuel Decalo (1997). Historical Dictionary of the Niger (3 ed.). Boston & Folkestone: Scarecrow Press. ISBN 0-8108-3136-8.