A/HRC/4/3
page 18
III. AN AMBITIOUS COMPREHENSIVE PROJECT FOR
JUSTICE REFORM TO CONSOLIDATE THE RETURN
TO CONSTITUTIONAL LEGALITY
A. Plan of Action of the Ministry of Justice
59.
The Ministry of Justice recently finalized an ambitious plan of action comprising
three phases: the first phase (October 2006-June 2007) is devoted to priority reforms (laws on
firearms control, security agencies, reorganization of the Ministry of Justice, and ratification of
the United Nations Convention against Transnational Organized Crime and the three protocols
thereto, and of the United Nations Convention against Corruption).
60.
Six working groups have also been set up to deal with civil status reform, juvenile
delinquency, measures to combat corruption, preparation of a bill on legal assistance,
organization of the legal profession, and reform of the Code of Criminal Procedure.
61.
In addition, three planned reforms - which will be personally overseen by the Minister of
Justice - are the subject of the bills set out below; the bills are currently being finalized. The
independent expert also attaches great importance to these bills, which he recommended in vain
in all his previous reports. He hopes that the regrettable tension in the judiciary does not delay
Parliament’s adoption of these bills.
62.
While reservations can be made concerning the conception of a given reform, the Plan of
Action has the advantage of introducing a coherent vision of the future of the justice system.
B. Bill on the reform of the judiciary regulations
63.
In his previous report, the independent expert underscored the urgency and importance of
this reform in the following terms: “Reform of the judiciary regulations seems to be a dead
letter, although it would appear to be a high priority, since there is little point in creating a
Supreme Council of the Judiciary if there are no regulations to be enforced that will put an end to
the arbitrary acts, favouritism and self-promotion which are all too apparent, whether with regard
to appointments, promotions, transfers, renewal of terms, the recent terminations of jurisdiction,
or now, automatic retirement” (E/CN.4/2006/115, para. 69).
64.
This bill, which has been finalized, should now be adopted - in addition to the bill on the
Judicial Training College - concomitantly with the bill on the Supreme Council of Justice.
C. Reform of the Supreme Council of Justice
65.
The Transitional Government’s text elicited criticism from most NGOs, which
complained of a lack of genuine consultation in its preparation. On this occasion, the texts were
submitted for consultation, including at a meeting held in September 2006. Some NGOs
maintained their reservations or criticisms, on the ground that the consultation was too
prefunctory (for example, the Ecumenical Centre for Human Rights undertook a substantial
analysis in the context of the Civic Forum for Justice Reform, which brings together most civil
society human rights organizations. The independent expert wishes to highlight the
improvements in the following areas:
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