100. Like many countries, Djibouti gives any person who has been convicted by a court of first instance the
right to appeal or challenge that decision before a court of appeal.
101. In accordance with the Charter, the judicial system in Djibouti provides for the right to a review of
the trial, although it is rare in practice. Article 472 of the Code of Criminal Procedure sets out the
conditions and methods for such a review.
102. Subject to the rules set out under articles 473 ff. of the Code of Criminal Procedure, review may be
sought from the General Assembly of the Supreme Court, which shall rule on the procedure and the
merits. A successful review of a trial entitles the appellant to seek payment of damages from the State in
accordance with articles 478 and 480 of the Code of Criminal Procedure.
103. Article 18 of the Criminal Code states that “no prosecution may take place against anyone who can
provide evidence that they have been tried abroad for the same offence and, where convicted, that the
sentence has been served or has lapsed”, which means it is impossible to try a person twice for the same
offence.
104. In keeping with the constitutional principle set forth in article 10 of the Constitution, the principle of
non-retroactivity of laws and regulations lies at the heart of the judicial system of Djibouti. Moreover, in
criminal matters, the legislator extended this principle through article 5 of the Criminal Code, which
states that “only acts that constituted an offence at the time they were committed are punishable”.
105. However, new provisions are applicable to offences committed before they entered into force and that
have not resulted in a final judgement, when they are less severe than the previous provisions. The new
law may thus be applied to offenders if the penalties provided for by the new law are lighter than those
provided for by the previous law.
6. Freedom of thought, conscience and religion
Article 7
Freedom of conscience, the profession and free practice of religion shall be guaranteed. No one
may, subject to law and order, be submitted to measures restricting the exercise of these
freedoms.
106. Article 11 of the Constitution guarantees everyone the right to freedom of thought, conscience,
religion, worship and opinion in accordance with the law and regulations. This right is further backed up
by article 1 of the Constitution, which prohibits all forms of discrimination and guarantees the equality
of all citizens before the law, without distinction as to language, origin, race, sex or religion.
107. These guarantees greatly help persons to enjoy the freedom to have or adopt a religion of their
choosing and to profess their religion individually or collectively, in public or in private, under the
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