CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE __________________________________________________________________________ of the JSC be sought for the appointment of judges (ruling 2002-012 of 19 February 2002). By doing so, it has forced the president of the republic and his Council of Ministers to endorse the decision of the JSC with regard to the appointment of judges or be in violation of the constitution. This is very significant and demonstrates the full extent and meaning of the independence of the judiciary from a legal point of view. 228. It must, however, be stated that the independence of the judiciary is undermined by poor working conditions – despite the recent increase in the salaries of judges – and the crying need for staff at all levels of judicial administration. Court officials have to file and investigate hundreds of cases each week. The accounts department is more than four years behind with the inspection of accounts, while prisons are dilapidated, overcrowded (the population is more than three times the number originally intended) and full of prisoners awaiting trial (more than two-thirds of the prison population) – often held under inhuman conditions. 229. The High Court of Justice is paralysed by a complex and highly politicised procedure and an inability to decide on what sanctions to apply in the cases before it. The ambiguities and loopholes in the applicable laws sometimes lead to different interpretations by the Constitutional and Supreme Courts, causing them to accuse each other of going beyond their respective mandates. Box 3.6: The case of the embezzled legal fees A pointer to the poor conditions of Benin’s justice system The case of the embezzled legal fees – in which about 100 legal officers, court registrars and tax revenue collectors were accused of embezzling legal fees – is an indication of the woeful working conditions of judicial staff. Investigations revealed the existence of a network of shady officers who had worked out a way to improve their working conditions, and make a little extra on the side, by using illegal methods like claiming higher costs for transport used when carrying out their duties. Sixty-three of them (including several judges) were given sentences of varying degrees and several were sentenced to prison. When they appealed, the judges were clearly treated less harshly. Many of them received lighter sentences and several subsequently got their jobs back. This leniency did not go down well with the public, who are generally not very well informed about the subtleties of legal cases, and who therefore quickly concluded that the judges had been favoured because of their ‘connections’. The positive fallout from this case is that justice was seen to be done, impunity was not entertained, and judges did not hesitate to try to convict their peers. This sends a message of hope about the ability of the judiciary to tackle corruption and the embezzlement of public funds in Benin resolutely (on condition that members of the judiciary are adequately remunerated!). 230. The public perception of the independence of the judiciary vis-à-vis the Executive and economic leaders is largely negative. Personal ambitions and 97