to school, very few of them complete primary education. This global context of ignorance makes it
difficult to effectively enjoy civil liberties. This poses many problems, especially with regard to
access to justice. And what is more serious is that this ignorance of the law also affects law
enforcement and security forces, traditional leaders and court officials. This situation obviously leads
to human rights violations.
370.
The weight of customary practices
Most of the Chadian population rely on customary rules particularly with regard to the
individual’s status, including for matters such as marriage, divorce and inheritance. These customary
rules often conflict with modern law and international human rights standards.
371.
Such is the case with the phenomenon of early and forced marriage (little girls aged 10 to 13),
which violates the principle of the freedom of consent for both spouses in the context of marriage,
particularly that of the girl child. The same applies to female genital mutilation, which affects the
physical integrity and health of girls who have been cut.
372.
In an effort to combat child marriage, the Government issued Ordinance No. 06/PR/2015 of
14 March 2015, which was ratified by Act No. 029/PR/2015. Another case of harmful customary
practice is the discrimination against women in matters of inheritance in certain customs where the
inheritance shares of boys are significantly higher than those of girls.
373.
A certain tendency to bypass the formal justice system
Legally, judicial police officers are officers of the court. Their task is to investigate the
offences, hear the parties involved in the case, draw up a report and then refer the suspects to the
judge. However, it should be noted that Company Commanders of gendarmerie brigades as well as
police officers often judge and mete out fines to allegedly guilty citizens and suspects. They act
beyond their duties as judicial police officers. This practice is widespread, as officers derive
substantial profit from it. Influence peddling and arbitrary acts are common in the judicial police
services, resulting in a form of parallel justice.
374.
In principle, Justices of the Peace have limited jurisdiction in criminal matters; they cannot
hear cases of murder or manslaughter. They must therefore refer the case to the relevant Public
Prosecutor of that district. Unfortunately, they sometimes apply criminal sanctions.
375.
There is also another practice that undermines the monopoly of the formal justice system; it
is referred to as “diya” which means “blood money”. Diya is a customary or traditional practice in
which compensation in cash or in kind is given to victims of bodily injury or to the beneficiaries of
victims of murder. This compensation is subject to strict rules which vary according to the region,
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