72. In order to guarantee the rights of the triables on the need for rapid
consideration of their cases and in the context of the restructuring of the
Magistrate’s Court and the lightening of its procedures, law n° 93-114 of 22nd
November 1993 amending and completing certain Articles of the Criminal
Procedure Code created the office of unique Judge responsible for examining
certain cases which, generally, do not require discussion or exchanges of opinion
between the Magistrates. These offenses, considered as formal and liable to be
solved without difficulty, consist of offenses relating to the issuing of bad cheques,
of constructing without authorization as well as economic offenses relating to
competition and to price fixing.
73. Furthermore, and in the context of improving the administration of justice,
several other measures had been taken. They are notably:
- Law n° 2000-43 of 17th April 2000, amending and completing certain Articles
of the Criminal Procedure Code and instituting the principle of two tier
proceedings in criminal matters for the triables aged more than 18 aimed at the
enhanced reaffirmation of the rights of the defense in conformity with the
International Convention on Civil and Political Rights;
- Law n° 2000-77 of 31st July 2000, amending and completing certain
provisions of the Criminal Procedure Code with a view to creating the office of
sentences application Judge with a view to controling the conditions of their
application within the prison units and to pay visits to the prison, to enable
certain prisoners enjoy bail, to meet the prisoners and learn about the
discipline register;
- Law n° 2001-52 of 14th May 2001, relative to the organization of the prisons,
replacing the Decree n° 88-1876 of 4th November 1988 on the special regulation
of the prisons, was introduced to consolidate the guarantees of protection of the
rights of detainees in accordance with international standards, by meticulously
regulating their rights and responsibilities (medical check-up, hygiene, reading,
protection of family links…) on which subject these detainees are properly
informed so as to protect their dignity and physical integrity and to protect them
from all abuse.
This law also provides for the preparation of the detainees for life after prison by
allowing them to engage in paid employment, the benefits of which would be
given to them as of right. Furthermore, this law gives the detainees the
opportunity to undergo a rehabilitation programme consisting of two training
sessions at the end of which they are given diplomas. Thus, once out of prison,
the detainees can obtain work which would enable them to take care of their
needs and avoid falling back into delinquence. Under the terms of this new law,
the women prisoners, the pregnant and breastfeeding will benefit from medical,
social and psychological assistance. In all cases, the penalty executing Judge is
compelled to inform the Judge of the family about the cases of women
accompanied by children.
- Organic Law n° 2005-81 of 4th August 2005, amending and completing law n°
67-29 of 14th July 1967, relative to the organization of the judiciary, to the
Supreme Council of the Magistracy and to the status of the judicial authorities,
amended the composition of the Supreme Council of the Magistracy by
increasing the number of Magistrates, elected by the legislative body according to
the ranks, from 6 to 8 representatives and by reducing the number of appointed
magistrates. This law also strengthened, in its Article 60 (new), the disciplinary
guarantees by granting the possibility of appeal against the pronounced
21