Last week we brought to the attention of our readers an incident where a sitting judge in our Supreme Court falsified court documents in order to justify a ruling he wanted to give to the detriment of another person’s right to a fair trial in an open court. A criminal complaint in respect of this judge and his action is before the police on the basis that what he did is tantamount to forgery, a crime under our penal code that is punishable by a term of imprisonment of up to three years. A week has gone by and the judge is still on the bench adjudicating.
This week we reveal how the Commissioner of Police has used his position of authority to conduct a personal “vendetta” against the Chief Justice using a subordinate police officer to do his dirty deed. The subordinate police officer himself is an individual known to have and continues to abuse his authority, including unlawful arrest and detention of anyone he simply has an abhorrence for rather than because the person has simply parked illegally.
The Constitution we promulgated on 18 June 2003 owes its legitimacy to the principles of the rule of law universally accepted by all democratic societies. Hence, when we adopted the Constitution or whenever we swear allegiance to it and to defend it, we solemnly declare as well that we “confer upon ourselves this Constitution as the fundamental and supreme law of our Sovereign and Democratic Republic” (The Preamble).
It is becoming clear though that our society has reached a critical juncture when the rule of law is in crisis or is breaking down. What we are drawing attention to here is not the issue of violence such as we have in
In 1959 an international gathering of over 185 judges, lawyers, and law professors from 53 countries, meeting in New Delhi and speaking as the International Commission of Jurists, made a declaration as to the fundamental principle of the rule of law. The theme of the New Delhi Congress was “The Rule of Law in a Free Society”. The Congress further developed the principles and procedures underlying the Rule of Law as well as defining and clarifying the concept itself. At the end of their deliberations, the jurists issued a declaration which became known as The Declaration of Delhi which went as follows:
This International Congress of Jurists, consisting of 185 judges, practising lawyers and teachers of law from 53 countries, assembled in New Delhi in January 1959 under the aegis of the International Commission of Jurists, having discussed freely and frankly the Rule of Law and the administration of justice throughout the world, and having reached conclusions regarding the legislative, the executive, the criminal process, the judiciary and the legal profession, (which conclusions are annexed to this Declaration),
Now solemnly
Reaffirms the principles expressed in the Act of Athens adopted by the International Congress of Jurists in 1955, particularly that independent judiciary and legal profession are essential to the maintenance of the Rule of Law and to the proper administration of justice;
Recognises that the Rule of Law is a dynamic concept for the expansion and fulfillment of which jurists are primarily responsible and which should be employed not only to safeguard and advance the civil and political rights of the individual in a free society, but also to establish social, economic, educational and cultural conditions under which his legitimate aspirations and dignity may be realised;
Calls on the jurists in all countries to give effect in their own communities to the principles expressed in the conclusions of the Congress; and finally
Requests the International Commission of Jurists
1. To employ its full resources to give practical effect throughout the world to the principles expressed in the conclusions of the Congress.
2. To give special attention and assistance to countries now in the process of establishing, reorganising or consolidating their political and legal institutions.
3. To encourage law students and the junior members of the legal profession to support the Rule of Law.
4. To communicate this Declaration and the annexed conclusions to governments, to interested international organisations, and to associations of lawyers throughout the world.
The Delhi Congress gave rise to three important elements in the concept of the Rule of Law, one of which was “that there is an absolute need for an independent judiciary and bar as well as for effective machinery for the protection of fundamental rights and freedoms”.
This newspaper, which has been in the forefront in the defence of our Constitution, sincerely believes that the time has come when we too should have our “Delhi Declaration” for “there is an absolute need for an independent judiciary and bar as well as for effective machinery for the protection of fundamental rights and freedoms.”
One of the hallmarks of the adherence to the rule of law is legal certainty, the principle of legitimate expectation and equality of all before the law. Today, in Seychelles, this is seriously lacking. That is why we are calling on all good lawyers and legal practitioners to come forward. For now is the time to defend the good name of your noble profession, for when good men do and say nothing, then evil prevails.