constituteproject.org PDF generated: 14 Apr 2014, 20:52 Title VII Of the Judicial Power Article 89 The judicial power is independent of the legislative power and of the executive power. The President of the Republic is guarantor of the independence of the Magistrature. He is assisted by the Superior Council of the Magistrature, over which he presides. The Superior Council of the Magistrature includes two formations, one competent vis-à-vis the presiding magistrates, the other vis-à-vis of the prosecuting magistrates. Within the respect of the principle of the independence of the Magistrature, an organic law establishes the status of the magistrates and defines the rules of organization and of functioning of the Superior Council of the Magistrature. Article 90 A judge is only obedient to the law. Within the framework [cadre] of his mission, he is protected against all forms of pressure of a nature [that] harms [nuire] his free will. Article 91 No one may be arbitrarily detained. The judicial power, guardian of individual liberty, assures the respect of this principle in the conditions specified by the law. Title VIII Of the High Court of Justice Article 92 A High Court of Justice is instituted. It is composed of members elected, from among them [en leur sein] and in equal number, by the National Assembly and the Senate, after each general or partial renewal of these Assemblies. It elects its President from among [parmi] its members. An organic law establishes the composition of the High Court of Justice, the rules of its functioning as well as the procedure applicable before it. Mauritania 1991 (rev. 2012) Page 18