Declaration, there is article 10 of the Constitution, which sets out in far more specific detail the
principle of equality for all persons before the law by stating that every individual has the right to life,
liberty, security and integrity. A person may be prosecuted, arrested, accused or convicted only under a
law promulgated before the acts of which the person is accused took place. Everyone charged with an
offence shall be presumed innocent until proved guilty by the competent court. The right to defence,
including the right to be assisted by counsel of one’s own choosing, is guaranteed at all stages of the
proceedings. Anyone subjected to a custodial penalty shall be entitled to be examined by a doctor of
their choice. No one may be detained in a penal institution without a warrant issued by a judicial officer.
93. These statements and principles were first applied in practice through Act No. 52/AN/94/3 rd L of 10
October 1994 on the establishment of a court of appeal and court of first instance, and were
subsequently included in various provisions of the Criminal Code and the Code of Criminal Procedure,
which entered into force in 1995.
94. Regarding equal access to justice, subject to certain procedural rules that are essential for the sound
administration of justice, the Code of Civil Procedure, Code of Criminal Procedure and Labour Code
offer the right of legal action to any party with an interest in a dispute.
95. In addition, Djibouti is in the process of establishing courts of first instance in the interior to give
individuals more direct access to justice. Meanwhile, the Ministry of Justice organizes circuit courts for
the same purposes.
96. Furthermore, article 4 of Act No. 52 provides for the right to legal assistance in any case. Legal
assistance by a court-appointed lawyer must be offered to any person accused of a criminal offence who
cannot afford to engage a lawyer of their choosing under article 65-4.
97. The Republic of Djibouti has, since 2011, reorganized legal aid services to help to cover the costs of
those most in need, particularly costs associated with courts, proceedings or official documents,
preparation of the defence and lawyers’ fees. This measure promotes greater social justice among
citizens and an improved functioning of justice.
98. Observance of the right to a fair hearing, including the right to be tried in one’s presence, to be
assisted by a lawyer, to have reasonable preparation time and to be presumed innocent, is guaranteed at
all stages of the procedure. Pursuant to the general provisions of the Constitution and articles 4 and 5 of
Act No. 52 concerning the right to a fair hearing as a whole, the adversarial principle is strictly applied
in all cases, very clear procedural rules covering the discussions in hearings are laid down in articles 241
ff. of the Code of Criminal Procedure, and pre-trial detention in criminal matters is limited only to cases
in which release is liable to compromise the establishment of the facts or would be against public policy,
in accordance with articles 133 ff. of the Code of Criminal Procedure.
99. Article 3 of Act No. 52 guarantees the public nature of all hearings. However, some cases may be
heard in camera at the request of the parties. Moreover, given the high illiteracy rates among the
population and the large number of foreign nationals in Djibouti who do not know how to read or
write, an interpreter is always present during hearings.
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