16/09/03 - A form of justice politician ismaelienne - agent of a declining capacity - dug its tomb and its coffin manufactured slowly to him.
By Bouh Warsama.

- Political Justice is democratic factor of balance and dynamics of evolution.

The guiding principles which underlie various 'justices' - that it is civil penal, etc... are founded on an indivisible concept suitable for the community which is considered ; only the different object that these various justices continue and makes it possible to explain - even to justify - some specificities of organization and operation.

In the same way, the specific elements of political justice - the quality of justiciable, the nature of the noted infringements and, possibly, the jurisdiction - could not dissociate it from the context in which it is exerted.

The same functions of political justice thus attach it narrowly to the community of which it emanates : political justice is - indeed - the justice returned in the connection of the acts or the intentions carrying most seriously reached, either with the socio-economic structure, or on the political diet, or with the political personalities of the community.

The justiciable ones are - by universally allowed principle but very little applied - indifferently the men with the capacity, or the citizens who draw up themselves against the capacity ; it is thus noted that made being of distinction of treatment with regard to the ones like others it would not know.

Thus political justice has the role of slowing down the capacity by bringing into play the penal responsibility for those which have the exercise of it - or are unduly suitable the exercise what obviously by the absence of allowed legality of the capacity by the citizens inevitably leads it to try renforcer..ou to survive itself... by repressing the notices of opposition.

One thus sees that - whatever can be the case considered - political Justice plays, so the role of 'revealing of the level of civilization' reached by the political company.

Political justice is thus to scan like a 'justice of crisis' ; however, in each state of tension, reality makes burst misleading appearances and falsificatrices ; it is there that the truths are put at the great day.

All this is - will say you to me - a quite beautiful theory ; it in what you will be right bus perfectly when one dares to claim that there could be a political embryo of justice in Djibouti - under the current mode - would be to seek a part of 10 FD lost in the vastness of a desert.

- The law ismaelienne replaces for all the Legislations and the political Rights.

There is not political justice in Republic of Djibouti.

With the top of ALL there is the Law Ismaelienne, kind of supra being able divine - that allotted itself of authority Ismaël Omar Guelleh - which eliminates any possibility of setting concerned from the penal responsibility for those which have the exercise of it ; in fact him !.

Tradings of favours - Traffics of Weapons and Drugs - nationalized Blackmail and Corruption - Guarantee brought to the Traffics of children and the procuring worsened on minors..........; the list is long and does not stop there !.......................................

The right - whose is inspired the political pretence of justice of which use Ismaël Omar Guelleh makes and its 'clicks of impétrants of the bowl...' - constitutes a faithful mirror of the recursive deficiencies of the political and social institutions, at the very least particular and certain tendencies…, total absence of an unspecified ideology which could - if it existed - to some extent justify its acts and the direction of their evolution.

This Right Ismaelien does not reflect of anything the fundamental ideas which, at a certain time and in the evolution of a company given governing the reports/ratios as well of the individual with respect to the social group as of the classes and the social layers between them.

- Political Right, a Right 'of avant-garde' for 'an equal' weapon political struggle.

Produced of 'an equal Weapon fight' - in the spirit and in theory - the right of political justice in is - by principle - also the instrument ; thus, it is particularly sensitive to all that affects the present of a company or threatens its future.

It often constitutes a right 'of avant-garde', a legal sector whose spirit and letter express, before the others, the major orientation of all the political system of the company considered.

Thus under the influence of the social need a legislation made of successive and evolutionary final improvements is worked out going, either in the direction of a restriction, or in the direction of a promotion of the individual rights: it is allowed - that in theory - the right of political justice is dynamic and advances the democracy.

Yes but here, under the mode of Hassan Gouled and particularly since 1999 pennies that of Ismaël Omar Guelleh the successive final improvements made with the Constitution as with the Legislation - kinds of successive mirrors to the larks intended to reassure the public opinion and the international authorities - let believe that there could be an evolution of the individual rights whereas we moved - without ambiguity no - in the direction of a total restriction of all its freedoms.

face="Arial, Helvetica, sans-serif" size=2>- Relations of total dependence between the legislative power and the executive capacity politico- which dictates its 'Orders to him'.

From a mode with another, from a State with another, the organic structure of political justice is different.

The organization of the courts of jurisdiction in political matters, indeed, translated the designs which melt the political institutions

- Thus the recognition of national sovereignty since independence made justice djiboutienne - with the wire of the time and since more than 25 years - not an emanation of the nation or the people - consequently and what would have being in good logic a justice speaking in the name of representatives of the nation or the people legally elected - but a tool of a gouvernance falsifier with the hand put of some on all the wheels of justice exploited at their only profits.

- Thus the repudiation of the democratic theories of sovereignty or their relegation on the level of the abstract principles - masked behind misleading images (if edulcorated that they become ridiculous and grotesque about it) - often raising of the commedia del' Arte local version - weakened the effectivity of the legislative power bus made up of false representatives - indicated in shows of Elections - nation or of the people, involving the removal of the jury who by principle the people djiboutien are - free and fully exerting its rights - with deterioration of total operation of justice, including constitutionelle.

These relations are however not inherited colonialism - as well high some would wish to shout it in order to seek a discharge system with their incompetences - or possible perverse effects but successive modes declining - increasingly threatened - tending to set up a structure of repression disavowing by its nature even the principles which are supposed being defended and which justify all the acts in constitutional matter of the jurisdiction.

- The nature of the relations of total dependence between the legislative power and the capacity politico-executive which dictates its 'Orders to him' is obvious.

In fact, this justice is ready to be used as agent of the political power than the apparatus of ordinary justice when this one intervenes in political matters.

The advance of the judges djiboutiens - depend on the capacity politico-executive - is conditioned by their real dependence and revealed two magistratures, one of 'recipients', the other of 'serving' which is supervised closely.

The djibouti judges are led to look at side of the parquet floor, appelate jurisdiction, and towards the ministry where, there, it is the vacuum... lack of knowledge and inconsistencies controlled to the political power, no connection is envisaged with its justiciable which are its entire reason.

Proof of what we advance was shown these last months - total organic dependence of the justice - who took a particular dimension but not surprising when it was charged to sanction an infringement of character politico-criminal masked behind of 'supposed slanderings' blaming the ex Lieutenant of the presidential Guard, Mr. Mohamed Saleh Alhoumekani.

Without appearing officially like a simple object of the capacity to the service of a policy, the justice of common right thus appeared - in the public opinion and near the international authorities - as a 'metapolitic' authority by adding ridiculous difficult to it to reach in a room of Court.

From the 'received instructions', the magistrates 'adjusted themselves', of best than they could it on the 'civil part', but this adaptation did not pass unperceived and - well with beyond of the aforesaid chimerical lawsuit and of bottom stages - all this confirmed the setting in phase between the established political authorities - clients - and the justice djiboutienne which had like only alternative only to be carried out.

Justice being considered - in a State of Droit and to a certain extent - as the guardian of 'general principles', stable, 'atemporelles' values, which make relative the political 'pressures' and the establishment of the 'orders new', and limit thus the political power can in no moment or in some manner that is to play its role and to exert its prerogatives in Djibouti.

Thus is explained the contradictory attitude of djibouti justice intervening in political matters - without daring to acknowledge it - when it is seized by continuations aiming of the opponents - who tend to call into question the economic and social bases of the mode - ruling then as authentic 'an agent of the political power' of which it emanates.

One thus notes this constant will of the political power of Ismaël Omar Guelleh to use all the jurisdictions in order to achieve despotic goals which are clean for him.

The total absence of an unspecified political jurisdiction - aiming at slowing down its capacities - could not position Djibouti under the current mode, in a republican State but relegates it to a 'banana Kingdom' - destroying of any emanation and introduction of a State of Droit - which does not have anything to envy Cuba under the era of Fidel Castro.

 

' In vain the King will be with the weapons invincible.

If it is not right and does not make justice keep.

- Joachim of Bellay

 

Bouh Warsama

 

by Contributor....