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Judiciary of Niger

The judiciary of Niger was established with the creation of the Fourth Republic in 1999. The constitution of December 1992 was revised by national referendum on 12 May 1996 and, again, by referendum, revised to the current version on 18 July 1999. It is an inquisitorial system based on the Napoleonic Code, established in Niger during French colonial rule and the 1960 constitution of Niger. The Court of Appeals reviews questions of fact and law, while the Supreme Court reviews application of the law and constitutional questions. The High Court of Justice (HCJ) deals with cases involving senior government officials. The justice system also includes civil criminal courts, customary courts, traditional mediation, and a military court. The military court provides the same rights as civil criminal courts; however, customary courts do not. The military court cannot try civilians.

Judicial structure
Prior to the 2023 Nigerien coup d'état, Niger's independent judicial system was composed of four higher courts — the Court of Appeals, the Supreme Court, the High Court of Justice and the Court of State Security — as well as lower criminal, civil and appeals courts. • The Supreme Court of Niger is the highest judicial body of the State in administrative, judicial and financial matters. The Supreme Court hears cases appealed from lower civil and criminal courts, it only rules on the application of the law and constitutional questions: the lower Courts of Appeals may decide appeals on questions of fact and law. • The Court of Appeals of Niger, one in each of Niger's eight regions, reviews questions of fact and law in criminal and civil law, and rulings may be appealed to the Supreme Court of Niger. It may be called upon to provide rulings by certain constitutional triggers (elections, referendum, constitution revision) or by the request of the President, the Speaker of the National Assembly, or by the vote of one-fifth of the members of the national assembly. When called upon to give binding rulings it is the final arbiter, and rulings must be carried out in 30 days. Most recently it came into prominence when required to offer a non-binding ruling of President Mamadou Tandja's plan for a referendum on a new constitution. Its opposition, presented on 26 May 2009, triggered the President's dismissal of the National Assembly. • Crimes or misdemeanors committed by government officials in the exercise of their office are tried in the High Court of Justice, a ''''. This court is composed of seven deputies elected from within the National Assembly on a provisional basis, and organised and instructed by the Supreme Court of Niger. • The State Security Court, established under the rule of Seyni Kountché in the 1970s is a military court for trying offenses committed by the military and police, but also enabling the military of Niger to try civilians accused of crimes touching upon state secrets, defense, espionage, or internal security. The closing of the court was one of the first acts of the 1991 National Assembly, which led to the Third Republic. In 2007, some elements of the court were reestablished, but it may no longer try civilians. A legal practitioner with basic legal training, advised by an assessor knowledgeable in the society's traditions, heads these courts. The judicial actions of chiefs and customary courts are not regulated by formal law, and defendants can appeal a verdict in the formal court system. ==Legal profession==
Legal profession
Criminal and civil attorneys are titled ' (advocate): the equivalent of the French '. An '''' is authorized to act in all legal matters between his client and other parties, including representation before a court. Other legal professionals are '''', legal technicians authorized to handle civil and commercial matters such as inheritance and other family law (except divorce), real estate, leases, mortgages, contracts and other business matters. Should a case go before a court, however, a ' must call upon the services of an ' to represent his client. Both ' and ' carry the title "''''" as a matter of honor. ==Prison system==
Prison system
Niger has thirty-five prisons, but these have been criticized for poor operations and overcrowding. ==Reported violations of rights==
Reported violations of rights
Judicial procedure While citizens of Niger are provided with broad legal rights before the law, government interference, corruption, poverty, and a widespread ignorance of the law prevents many accused from taking full advantage of these rights. According to the United States government, there were reports in 2008 that several persons were detained arbitrarily under the state of alert. Detainees involved with sensitive cases were sometimes held longer than legally permitted. Corruption and inefficiency remain problems within the judicial system. Judges are reported to sometimes fear reassignment or having their financial benefits reduced if they render a decision unfavorable to the government. At the same time, local civil judicial courts are considered by the United States government to be generally independent and impartial, and there is access to seek damages for human rights violations. One such case was the much publicised suit by a woman who successfully sued the Nigerien government for failing to enforce anti-slavery legislation in 2008. == See also ==
Source: Wikipedia ↗
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