Fatshimetrie October 15, 2024: The essential role of the clerk in the judicial process
In the vast theater of justice, the clerk occupies a central and often overlooked place. During the 2024-2025 judicial return ceremony of the Court of Cassation, which was recently held at the Palais du Peuple in Kinshasa, the first president of the Court underlined the crucial importance of the clerk in the smooth running of the judicial process.
The clerk, this discreet craftsman of justice, is much more than a simple recorder of files. He embodies the first contact with the litigant or his lawyer, thus guiding the course of the judicial procedure. As keeper of the files and interface of the other parties, he ensures the registration of cases and their follow-up throughout the judicial process.
During hearings, the clerk plays a key role by recording the decisions of the judges, the opinions of the public prosecutor, and by recording each word spoken. He acts as an intermediary between the different parties involved in the trial, thus facilitating the smooth running of the judicial debates.
To illustrate his importance, the First President of the Court of Cassation compared the clerk to the engine of justice, without which the ship of justice would have difficulty moving forward. Indeed, his discreet but essential presence helps to guarantee order and transparency in judicial proceedings.
Furthermore, another crucial subject addressed during this ceremony is the presumption of innocence. The Attorney General at the Court of Cassation stressed that this fundamental principle, enshrined in Article 11 of the Universal Declaration of Human Rights, is essential to guarantee a fair trial in a state governed by the rule of law. He deplored the attacks on this principle, particularly by certain media practices and on social networks, which can compromise the integrity of the judicial process.
Finally, the National Bar Association highlighted the importance of collaboration between magistrates and lawyers, emphasizing that these two professions, although distinct, work together to ensure the proper administration of justice. He emphasized the complementary nature of these two actors in the judicial world, emphasizing that their cooperation is essential to guarantee the rights and defense of litigants.
In short, the opening ceremony of the Court of Cassation highlighted the importance of the clerk, the need to respect the presumption of innocence and the essential collaboration between magistrates and lawyers to ensure a fair and equitable judicial system.
To accompany this article, an image illustrating a clerk in action in a courtroom would allow our readers to better visualize the crucial role of this discreet but indispensable actor in justice.