Practice Relating to Rule 100. Fair Trial Guarantees
Djibouti’s Disciplinary Regulations (1982) states: “It is prohibited for combatants to … convict anyone without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees established by law”.
Djibouti’s Manual on International Humanitarian Law (2004) states that the following “are currently considered as war crimes … if committed against any person not or no longer participating in hostilities: … depriving a prisoner of war or a civilian of the rights of fair and regular trial”.
In 2010, in its initial report to the Committee against Torture, Djibouti stated:
82. Article 40 of the 1992 Constitution provides that
when the institutions of the Republic, the independence of the nation, the integrity of its territory or the fulfilment of its international commitments are threatened and the regular functioning of the governmental authorities is interrupted, the President of the Republic may, after consulting the President of the National Assembly and the President of the Constitutional Council and after informing the nation in a message, take any measure, except for a constitutional amendment, designed to restore the regular functioning of the governmental authorities and ensure the safeguarding of the nation.
Within 15 days of their promulgation, the National Assembly, convening as of right, is seized of the legislative measures put into effect by the President, with a view to their ratification.
83. These exceptional measures cannot justify violations of … the judicial safeguards accorded to individuals. In theory, their application must be in keeping with administrative legality and human rights.
In 2010, in the History and Geography Textbook for 8th Grade, Djibouti’s Ministry of National Education and Higher Education, under the heading “Basic rules of IHL” and in a section on “Treatment”, stated: “Everyone has a right to a fair trial.ˮ
Djibouti’s Manual on International Humanitarian Law (2004) states: “The fundamental principles concerning detention [include] … the presumption of innocence”.
The manual also states with regard to “children in the justice system” that “the presumption of innocence must be retained against minors”.
Djibouti’s Disciplinary Regulations (1982) states:
Art[icle] 91. – Fundamental guarantees
Sound disciplinary action requires: …
2. a possibility to defend oneself against a delivered decision …
3. statutory guarantees through:
– the right of defense, including prior notification of the documents related to the person concerned
… [T]he accused soldier shall be notified about the relevant documents before appearing before any disciplinary body. He can have access to a legal counsel through assistance provided by a soldier of his choice.
Djibouti’s Manual on International Humanitarian Law (2004) states: “The fundamental principles concerning detention [include] … the provision of an interpreter”.