Article 122: The Supreme Court shall be the highest organ of the judiciary. Its President
shall be a judge appointed by the President of the Republic on the recommendation of the
Minister of Justice.
Article 123: The Public Prosecutor of the State shall be appointed by the President of the
Republic on the recommendation of the Minister of Justice.
Article 124: All the State organs and institutions shall execute the orders and judgements of
the courts at all times, places and in all circumstances.
Article 125:
body.
The law shall protect litigants against any breach or abuse from the judicial
- The judge shall be responsible to the Supreme Council of Justice as regards the manner in
which he/she carries out his/her duties in conformity with the law.
- In the case where the judge acts contrary to the Constitution or in case of breach of the law,
he/she shall be subject to disciplinary action by the Supreme Council of Justice.
Article 126: The Supreme Council of Justice shall be the supreme organ of the Judiciary. It
shall be independent and shall propose judges to the President of the Republic for
appointment, defend the material and moral rights of the judges and ensure that their
protection is legally institutionalised.
Article 127:
The Supreme Council of Justice shall comprise:
- The President of the Republic as President;
- Two judges appointed by the President of the Republic;
- Two judges appointed by the National Council;
- Three judges elected by the general assembly of judges.
- The mandate of each member of the Supreme Council of Justice is 4 (four) years that shall
be renewable.
Article 128:
The State shall protect the independence of the judiciary:
- The State shall protect judges against any form of pressure and interferences that could
negatively affect their duties and the impartiality of their judgement.
- The State shall protect judges against threats, humiliation, insults and all kinds of aggression
as and when they exercise their duties.
- In the case where the judge is subjected to material, physical or moral ill-treatment, the State
shall be responsible for paying compensation for the resulting damage.
Article 129: The Supreme Council of Justice shall issue an advisory opinion on the exercise
by the President of the Republic of the right to grant pardon and commute sentences.
Article 130: The rights and obligations of judges, and the organisation and dispensation of
justice shall be defined by law.
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