Constitution

Djibouti 1992 Constitution (reviewed 2010)

Table of Contents

TITLE VII. OF THE JUDICIAL POWER

Article 71

The judicial power is independent of the legislative power and the executive power. It is exercised by the Supreme Court, the Court of Accounts and the other Courts and Tribunals.

The Court of Accounts is the jurisdiction of control of the public finances.

Article 72

The judicial power sees to respect for the rights and freedoms defined by this Constitution.

The judge is only obedient to the law. Within the framework of his mission, he is protected against any form of pressure of such nature as to be prejudicial to his free arbitration.

The presiding magistrates are not removable.

Article 73

The President of the Republic is the guarantor of the independence of the magistrature. He is assisted by the Superior Council of the Magistrature, which he presides over.

The Superior Council of the Magistrature sees to the management of the career of the magistrates and gives its opinion on any question concerning the independence of the magistrature. It decides as a council of discipline concerning the magistrates.

An organic law establishes the composition, the functioning and the attributions of the Superior Council of the Magistrature as well as the status of the magistrates, with respect for the principles contained in this Constitution.

Article 74

No one may be arbitrarily detained. The judicial power, guardian of individual liberty, assures the respect for this principle under the conditions provided by the law.