Thursday, March 22, 2018

Who picks the judges?

The Constitutional Council of Burkina Faso has rejected a claim by the defense bar that judges of the military court should be selected by the Superior Council of the Judiciary, like other judges. The decision can be found here. Excerpt (computer-generated translation):
Considering that the Military Tribunal is a specific jurisdiction; that the appointments and assignments in this jurisdiction derogate from the rules of common law; that these appointments and assignments are not within the purview of the Superior Council of the Judiciary; it follows that Articles 14 and 18, paragraph 3, of Law 24/94/ADP of 24 May 1994 of the Code of Military Justice, together with its amendments, are not contrary to the Constitution.

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