Professional Secrecy of Magistrates: Exploring Difficult Working Conditions and the Impact of Accusations

2023-10-22 13:02:00

“A magistrate is bound by professional secrecy,” explained the CCM. “He cannot therefore respond to the public accusations against him, in any case if these accusations relate to one of his files.”

The CCM, a body whose role is to issue opinions and conduct discussions on everything relating to the status, rights and working conditions of magistrates, reacted on Sunday to accusations directed against a magistrate who could have committed a error in the processing of the extradition request for Abdelsalem Lassoued. “The working conditions of magistrates are often difficult and, in some cases, extremely difficult,” the CCM said. “They become untenable when the identity and photograph of a magistrate are made public and he is accused of having committed an error or professional misconduct.”

Attack in Brussels: the extradition request for Abdesalem Lassoued was lost sight of at the Brussels public prosecutor’s office on September 12, 2022

The representative body of the judiciary recalled that a magistrate is bound by secrecy and cannot therefore defend himself against public accusations brought against him, at least if they relate to the files he manages. He is also generally subject to a duty of confidentiality.

“Real conclusions can only be drawn from the dramatic situation which occurred following a thorough investigation carried out in accordance with procedures,” he added, recalling that there exists “ institutions” whose function “is to take up the matter either with a view to taking measures or with a view to formulating recommendations”. Among these institutions is the Superior Council of Justice (CSJ).

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