"
The impartiality of a magistrate
" cannot be called into question "
on the sole ground
" of his membership of a union, recalled Thursday the Superior Council of the Judiciary (CSM) after the criticism by a deputy of a decision of justice in Mayotte.
At the end of April, when a vast security operation called “ Wuambushu
” was just starting
in Mayotte, the Mamoudzou court had suspended the evacuation of a large shantytown in Koungou (North-East), Talus 2. The deputy LR of Mayotte, Mansour Kamardine, had denounced in a press release a “
judicial harassment orchestrated by “droitdelhommistes” associations, hand in hand with partisan magistrates
”.
“Demagogic refrain”
The summary prohibiting the operation "
was made by the president of the judicial court of Mayotte while she has a strong commitment course within the Syndicate of the magistrature (SM, classified on the left)
", he had written, demanding that the judges who are members of the union "
remove themselves from the procedures and judgments concerning the Wuambushu operation
".
In this rare clarification, the CSM recalls that "
the freedom of association is recognized for magistrates
" and that the positions taken by a trade union organization "
cannot be used as a basis for questioning the impartiality of a magistrate on the sole ground that he is a member of this organisation
”.
"
In a democratic state of law, criticism of a court decision must in no case be expressed by the personal questioning of the magistrate author of the decision
", also recalls the body guarantor of the independence of the justice.
The SM had denounced after the press release of the deputy a "
demagogic refrain of destabilization and stigmatization
" and speeches which "
call into question the independence of justice and undermine the confidence of citizens in the judicial institution
".
