2023-05-02 07:47:04
On April 24, 2023, the Inspector General of Police instructed the Commissioner General of the Judicial Police to stop the imprisonment of people by judicial police officers without the approval of their superiors. An advantageous but illegal measure. Word to lawyers.
The instruction of the Inspector General of Police Major General of Police Fédéric Budomo consists in depriving the OPJ of the right to decide on imprisonment without going through their superiors. Certainly, the decision will diminish the lamentations of people who are sometimes arrested on Fridays to be released in exchange for corruption. But who says that this corruption will stop as long as the hierarchical chief of the OPJ can be complicit?
According to lawyer Me Charité Caritas Niyongere, the decision of the Inspector General of Police will alleviate cases of corruption: “People used to agree with the judicial police officer to unfairly throw the person in prison, but today imprisonment requires the approval of their superiors. The OPJs used to treat people as they pleased when they were interested in being a party to conflicts. It is therefore an advantage because they will now be afraid”rejoices the lawyer.
However, Me Charité Caritas Niyongere fears this time a probable compromise between the OPJ and their leaders. In addition, the presumed culprits will escape justice. “The power of the OPJs in the search for the perpetrators of the offenses is diluted. They will no longer be free to assess the prosecution or the detention of a short duration as provided for by the code of criminal procedure of May 11, 2018 at the level of articles 15, 31, 36, 37 and 104. And finally, the files are transmitted to the public prosecutor who appreciates the prosecution because he may find it inappropriate to prosecute these accused persons”she analyzes.
What regarding the separation of powers?
Although this document is full of good faith, it nevertheless contains contradictions with regard to the code of criminal procedure (CPP), according to Me Darnaud’s tweet: “Indeed in this first article, the code specifies that the Judicial Police Office (OPJ), that its only hierarchical authority is the General Prosecutor’s Office of the Republic and not the general police station”he nuances.
For this jurist, Article 6 of the Code of Criminal Procedure highlights the obligation on the OPJ to communicate immediately (without delay) to the Public Prosecutor, which means once once more that whoever determines whether the case submitted to it may or may not justify detention.
To show that this decision of the Inspector General of Police violates the Code of Criminal Procedure, Me Darnaud writes that according to article 15 of the CPP, judicial police officers can seize the person if there are SERIOUS indications. OF GUILT and the duration of detention is strictly limited to 36 hours but in practice it is at least 7 days.
The decision of the inspector general was well received but it is legally criticized. Of course, the practice « Ask Him » will stop; no one is going to afford to unjustly dump innocent people, but it would have been wiser for this police authority to consult with the authorities of the Ministry of Justice for at least a joint signature. It would not be the first time that two state institutions have jointly released a measure. If not, it’s undressing Paul to dress Paul.
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