Chad's Minister of Justice, Ndolenodji Alixe Naïmbaye, has released a circular note reminding judicial officials of the proper procedures for managing bail fees related to provisional freedom. The note addresses the heads of appeal courts, presidents of high courts, judges, prosecutors, court clerks, and lawyers. It emphasizes that provisional freedom, regulated by the country's penal code, is an essential guarantee of the rights of individuals accused.
The minister's note highlights that provisional freedom may be conditional upon the payment of bail, with specific regulations outlined in the penal code. However, reports have surfaced of irregularities and difficulties in the management of bail fees. These issues include payments made to magistrates, court clerks, or third parties without receipts or records, and the imposition of excessive or unmotivated bail amounts.
The note also mentions the lack of a special bail register, failure to deposit funds into a dedicated account, and unjustified delays in refunding sums due to accused individuals in cases of representation, dismissal, or acquittal. Minister Naïmbaye stresses the importance of adhering to legal provisions regarding bail management. She reminds officials that bail fees must be paid to the chief court clerk, who is required to issue a receipt and maintain a dedicated register.
The chief court clerk is also responsible for opening an account where bail fees are deposited. Judges and their clerks are urged to comply with this legal provision and return any bail fees they have collected to the chief court clerks. Court heads are instructed to conduct quarterly controls on bail registers and make comparisons with the accounts. A copy of the control reports must be sent to the judicial activities department for follow-up.
Minister Naïmbaye also instructs lawyers to advise their clients on the procedures outlined in the penal code and to denounce any obstacles to the legal provisions. The circular note aims to address persistent issues and ensure that bail management adheres to the country's legal framework. This move is expected to improve the transparency and accountability of the judicial process in Chad.
The regulations on provisional freedom and bail fees are outlined in articles 324 to 333 of the country's penal code, which came into effect in 2017. The code provides a clear framework for the management of bail fees, including the finality and breakdown of fees, payment procedures, and rules for restitution or acquisition.
By reiterating the importance of adhering to these regulations, Minister Naïmbaye's circular note seeks to promote a more transparent and efficient judicial process in Chad. The note serves as a reminder to judicial officials and lawyers of their responsibilities in ensuring that bail management is conducted in accordance with the law.
Key points
- The Minister of Justice has reminded judicial officials that bail fees must be paid to the chief court clerk.
