In my capacity as President of the Association of Guinean Magistrates (AMG), fundamentally attached to the universal principles and values which govern the profession of magistrate and the exercise of the functions of head of jurisdiction, I have the moral obligation to address the Magistrates whenever necessary, either informally or officially.
It seemed useful to me to recall, once once more, that the magistrate is required to respect the ethics and deontology of his profession and this, in all circumstances. He is, mainly, forbidden to perform any act likely to violate his oath to which he is fundamentally and indissolubly bound. This perpetual and irreversible commitment is made during the solemn hearing of the Court of Appeal, before taking office, in the following terms:
“I swear to fulfill my functions as a magistrate well and loyally, to exercise them with complete impartiality in compliance with the Constitution and the laws of the Republic, to scrupulously keep the secrecy of deliberations and votes, to take no public position, not to give any private consultation on matters falling within the jurisdiction of the courts and to observe reserve, honor and dignity in everything and to behave in everything as a worthy and loyal magistrate”.
It is therefore inadmissible, for any interest whatsoever, that we rot the very root of our profession, by deliberately violating this oath which remains the irremissible priesthood for any worthy and loyal Magistrate.
Once once more, the magistrate in the exercise of his functions, is subject only to the sole authority of the law and to the ethical and deontological rules resulting from his status fixed by the organic law L/2013/054/CNT of May 17, 2013. In any case, not that of an individual.
He does not exercise his functions, and even less his attributions in the name or on behalf of a politician, whatever his position and his functions.
I urge the iterative reading of the universal principles of Bangalore and our manual of ethics, at the same time as I humbly invite everyone to serve loyally the people of Guinea, in whose name and on whose behalf each of us is supposed to act independently, impartially and fairly.
I think I have to recall, insisting on it, that in addition to the virtues of independence, impartiality and fairness of the magistrate, there is what Robert BADINTER called ”the duty of ingratitude” with regard to the power of appointment.
Let’s think regarding it with courage and unequivocally, let’s make wise use of it, up to probity and mental openness.
Ladies and gentlemen, when we feel the need to exercise our freedom of opinion and expression, in public or through the publication of a text, I suggest that we strictly observe the duty of discretion, which the law imposes on us -even ; that is to say that if there is no objective contribution to be made for the influence of our profession, it is preferable to religiously keep silent. This will, at least, limit the damage.
It is regarding our credibility and the respect due to our professional body! Without forgetting that the success of the present transition challenges all the magistrates of Guinea wherever they are.
mohamed diawara
President of the Association of Guinean Magistrates (AMG)
