The sword of justice
For this first seminar in Guinea since the occupation of judicial officer took its liberal aspect in 1986, three principal topics were retained:
- the general aspect and particular interests for the judicial officers relating to the treaty of Ohada
- practical problems raised by the attachment on bank accounts and provisional measures and, for the first time in Africa, of the difficulties raised by the seizure of immovable property, in particular because of the general lack of “land registries”
- Ethics and deontology which must control the activities of the judicial officers, and the necessary assistance that the police force must bring to the execution of the court decisions and enforceable titles.
The delegation of the UIHJ was lead by Jacques Isnard, president, with Rose Bruno and Anne Kérisit, judicial officers (France), members of the UIHJ and Ufohja experts.
In his opening speech, Saïdouba Kissing Camara, president of the National Chamber of the judicial officers of Guinea, greeted the presence of the personalities members of the republican institutions or the legal bodies like that of the delegations of Burkina Faso, of Congo, of Mali, of Chad and of France, the representatives of South Africa and Benin having been prevented because of air strikes. President Camara, in addition, returned to a vibrating homage to “his excellence Mr. President of the Republic, Head of the State, the General Lansana Conté and to his government for their constant concern to make of Guinea, our country, a true State of law”. In addition, Saïdouba Kissing Camara cordially thanked Jacques Isnard for all the efforts he never cease making for the profession. “This Franco-African was personally interested in Africa and made of it his everyday concern” he declared. “The judicial officer is the sword of justice. The enforcement of court decisions makes the authority of justice and the State. The exercise of the occupation of judicial officer is so difficult, so delicate, that certain courage is needed and this courage deserves our respect” he added. In conclusion, the president of the National Chamber of the judicial officers of Guinea invited the whole of the congressmen to show of imagination, moderation, good thinking and rigour in order to work in the interest of all during the two days of the seminar.
Three projects for Africa
Jacques Isnard put forward the three imminent projects for the African fellow-members in Ohada space:
- he installation of a uniform statute for the judicial officers of Africa
- he promulgation of texts on the direct transmission of the documents
- and the reduced exequatur for the court decisions.
“The judicial officers work for the triumph of law over disorder. With the law democratic bets are won and societies are forged”, he said in conclusion.
In an awaited intervention, Alsény Réné Gomez, Minister for Justice of Guinea, underlined how much the subjects retained for the conference were at the heart of the concerns of the governments of the countries of the Ohada area, anxious to create, promote and reinforce the conditions of a good administration of justice. The Minister of Justice deplored that the occupation of judicial officer - member of the legal profession - invested in many missions which are an essential element of the legal system, is ignored. He underlined his essential role in the service of documents, the execution of court decisions, but also in the recovery of debts and in the statements of facts, in addition inviting him to be “the mediator between the creditor and the debtor”.
The president of the Republic, he concluded, does not cease to repeat that the State of law is built by the citizens and by actors of the national life who are qualified and just. “That passes by a training scheme, because training is the first criterion of efficiency. In that the results of the works of this conference will be essential”. Mr. Gomez suggested dedicating it to the ancients and to the man who made the denomination of the profession familiar, Mr. Diallo, usher, and completed his well appreciated intervention by declaring the seminar open.
Concrete and pragmatic solutions
Two days of intense exchanges followed with a remarkable presentation of the assets and prospects for the judicial officer in the Ohada area, by Amadou Sako, director of the Centre of training and legal documentation within the ministry of Justice. The participants included:
- Ahmadou Madani Sylla, magistrate, director of the Judiciary at the ministry of Justice
- Filifing Dembelé, president of the National Chamber of the judicial officers of Mali
- Sory Daouda Camara, secretary in charge with the training and the deontology of the National Chamber of the judicial officers of Guinea
- Aboubacar Camara, judicial officer (Guinea)
- Mama Foamed Condé, judicial officer (Guinea), secretary in charge of the training at the national Chamber of the judicial officers of Guinea
- Séverin Somda, president of the national Chamber of the judicial officers of Burkina Faso
- William Fernandez, magistrate, general substitute of the public prosecutor
- Kelefa Sall, magistrate, general substitute of the General Attorney at the Court of Appeal of Conakry
- Mamadou Saliou Diallo, vice president of the National Chamber of the judicial officers of Guinea
- Fodé Mariama Camara, judicial officer (Guinea), 2nd secretary in charge of the foreign relations.
- Mamadou Cellou Diallo, judicial officer (Guinea), trainer
- Mamadou Aliou Dramé, magistrate, vice-general inspector at the ministry of Justice
- And Fodé Sangban Kanté, magistrate, president of section at the court of first instance of Kaloum.
The prosecutors of the courts of first instance of Conakry, the director of the urban Safety of Conakry, the central Chiefs police of the police forces of Conakry, the Head of the authorities of the “gendarmerie”, and the commanders of the platoon of mobile “gendarmerie” of Conakry also honoured with their presence this international demonstration.
It was up to Mr. Alsény Réné Gomez to draw the conclusion from the review of the summary report presented by president Camara. For this reason, the Minister for Justice raised the difficulties with which the profession is confronted daily, in particular in the relations with the banks and more especially the central Bank as well as with the services of the police force and the “gendarmerie”.
Mr. Gomez officially asked the National Chamber of judicial officers of Guinea to draw up an exhaustive inventory of the problems, to allow his services to make an objective study, having to lead to “proposals for concrete and pragmatic solutions”.
Lastly, the Minister of Justice insisted on the question of the statute of the profession, its tariff and the difficulties resulting from the interference of the political and administrative authorities in the achievement of its missions.
On the whole of these points, Mr. Gomez made a point of specifying that studies were in hand and that specific proposals would be made by his cabinet to the National Chamber of the judicial officers which he invited to communicate, in return, with his services, its own proposals.
“I have hope, Mr Isnard, that the light that your presence has raised here will not be that of the twilight towards the night, but that of the dawn towards the day. On this note of hope, I declare closed the international conference of the judicial officers, known as Colloque Diallo usher”
The essential role of the judicial officer at the service of the law
In margin of the seminar, the whole of the delegations were received on Friday 29 September by the various authorities: the State minister in charge of the Presidential Affairs, the National Council of the communication, the president of the National Assembly and the president of the Supreme Court. In a reception given at the presidency of the Republic, Mr. El Hadji Fodé Bangoura, State Minister in charge of the Presidential Affairs insisted on the importance of training in this young Republic of Guinea whose “will is to ensure a good administration of justice, essential to the establishment of a State of law” he added. For this reason, Mr. Bangoura ensured the National Chamber of the judicial officers of Guinea of his support as well as that of all the corporate bodies, to work in the same direction.
He insisted on thanking the UIHJ for the support brought to the Guinean fellow-members and consequently to the entire State of Guinea, in the construction of a democratic country, as well as to the whole of Africa.
The president of the Supreme Court recalled how much the law was regulating the social relations. He greeted the essential role of the judicial officers with the service of the law in an altogether young country in its democratic construction, which passed from the justice given under “the palaver tree” to the innovative texts of Ohada. He ensured of his support to the National Chamber of the judicial officers of Guinea for cordial exchanges on the decisions of the Supreme Court, waiting to hear of the problems which the profession could submit to him.
The same will to provide the judicial officers with the suitable legislative texts to enable them to operate efficiently underlined the remarks of the president of the National Assembly.
Reception at the National Assembly
Lastly, all the delegations were received at the National Assembly where the president of the Guinean Parliament, Mr. El Hadji Aboubacar Somparé, did not fail in his turn to give to the president of the National Chamber judicial officers of Guinea the insurance that the deputies would take care to give to the judicial officers by legislative way the statutory and legal means necessary to the full exercise of their activities.
These demonstrations of support of the whole of the authorities towards the profession of judicial officer in Guinea pleased the whole of the delegations of Burkina Faso, of Congo, of Mali and Chad and, last but not least, the talented president Camara.
