Chad's Minister of Justice, Ndolenodji alixe naïmbaye, has issued a circular reminding stakeholders that bond fees for provisional freedom must be paid exclusively to the chief clerk of the jurisdiction. The November 13, 2026 circular aims to address irregularities and promote transparency in the management of these funds. Minister naïmbaye emphasized that provisional freedom is a fundamental right, essential for protecting individuals' rights and a necessary measure to regulate preventive detention.
The Minister cited several irregularities, including payments made without receipts, excessive amounts, and delays in refunding funds. She instructed court heads to strengthen controls to ensure transparency in managing these sums. According to the Code of Criminal Procedure, Articles 324 to 333 govern provisional freedom. When not granted by right, provisional freedom may be subject to a bond, with Articles 325 and subsequent articles strictly defining its purpose, breakdown, payment procedures, and restitution rules.
The circular highlighted the absence of a special bond register and the lack of depositing funds into a dedicated account. It also noted unjustified delays in refunding sums due in cases of the accused person's representation, dismissal, acquittal, or discharge. Furthermore, the Minister reported instances of state acquisitions pronounced without regular verification of withdrawal from prosecution. She also denounced the lack of decisions within the deadlines set by Articles 329 to 331.
These situations may expose the accused to irregular detention or, conversely, lead to automatic release. In response to these findings, Minister naïmbaye reminded court heads, clerks, and lawyers of the strict respect for legal provisions. The circular stressed that bond fees for provisional freedom must be paid exclusively to the chief clerk of the jurisdiction, in accordance with Article 326 of the Code of Criminal Procedure.
The chief clerk is now required to issue a receipt for the sums received, maintain a dedicated register for bond fees, and open an account into which these fees are deposited. These measures aim to ensure the traceability of funds and prevent any manipulation or misappropriation. The Minister also ordered investigating judges and their clerks to respect this provision and return any bond fees they still hold to the chief clerks.
As part of the implementation of this circular, court officials are expected to take immediate action to rectify the situation. The Ministry of Justice is likely to monitor the situation closely to ensure compliance with the new procedures. This move is seen as a significant step towards promoting transparency and accountability in the management of provisional freedom bonds in Chad.
The new procedures for handling bond fees for provisional freedom are set to come into effect immediately. Stakeholders are expected to adhere to the guidelines outlined in the circular to avoid any irregularities. By taking these steps, the Ministry of Justice aims to uphold the rule of law and protect the rights of individuals in Chad.
Key points
- The Minister of Justice has ordered court officials to return any bond fees they still hold to the chief clerks.
- The new procedures aim to ensure the traceability of funds and prevent any manipulation or misappropriation.
- The Ministry of Justice is likely to monitor the situation closely to ensure compliance with the new procedures.
