Fatshimetrie: The key role of the clerk in the judicial process and the presumption of innocence
In the vast universe of justice, the figure of the clerk stands as an essential pillar, often overlooked but nevertheless crucial. During the recent judicial return to the People’s Palace, in Lingwala, the First President of the Court of Cassation stressed the capital importance of the clerk in the success of the judicial process. Welcoming litigants and their lawyers from the beginning of a procedure, the clerk draws the first lines of the judicial direction to follow. As keeper of the files, he ensures their rigorous monitoring throughout the judicial circuit.
During hearings, the clerk works in the shadows, taking precise notes of the judges’ arrangements, the opinions of the public prosecutor and the words exchanged. He thus becomes the essential intermediary between the different parties involved, ensuring the smooth running of the trial. If the judge is the captain of the judicial ship, the clerk is its engine, without whom justice could be compromised.
At the same time, the presumption of innocence appears to be a fundamental pillar of any fair judicial system. As the Attorney General at the Court of Cassation has pointed out, the presumption of innocence is an essential right of every citizen, enshrined in constitutional principles and international human rights standards. However, this sacred principle is sometimes flouted, particularly by media pressure induced by social networks. Justice is then undermined by information leaks, sensationalist press conferences and hasty judgments in the public space.
The National Bar Association has also highlighted the complementary importance of the professions of magistrate and lawyer in the administration of justice. Although their roles and missions differ, these two essential players work together to ensure a fair trial that respects the rights of each individual. The lawyer, in particular, must benefit from protection in the exercise of his profession to ensure the defense of litigants with independence and integrity.
Ultimately, justice is based on a set of actors with complementary and essential roles. The clerk, guardian of files and procedures, ensures the proper functioning of the judicial process. The presumption of innocence, for its part, constitutes the cornerstone of any fair trial, guaranteeing the protection of individual rights and human dignity. It is therefore imperative to preserve these fundamental values to ensure a balanced justice system that respects all.