The Ministry of Justice’s decision to sanction three magistrates from the Anti-Corruption Pole (PAC) has been challenged by the Magistrates’ Union of Madagascar (SMM). In a statement released this Monday, the organization denounced the conditions under which the three magistrates were suspended from their duties.
The union suggests that the alleged misconduct might be linked to “instructions or pressures” exerted under conditions that make it impossible to clearly establish their origin and content. It claims to have identified “serious elements” raising concerns that some of the facts attributed to the magistrates “may not be attributable to them,” but could instead be linked to untraceable instructions or pressures.
According to the SMM, the hierarchical subordination of magistrates does not imply an obligation to obey instructions that do not comply with formal rules. “Respect for hierarchy cannot be equated with the obligation to execute informal instructions or those lacking any materialization that would allow their origin and content to be established,” the union maintains. While acknowledging the Ministry’s “legal power to give instructions” as the “hierarchical authority,” it insists that such instructions must be “formulated in compliance with legal and statutory provisions” while leaving “a trace that allows for accountability and control.”
The union urges magistrates, “particularly those in the public prosecutor’s office, to remain vigilant and not to execute orders lacking materialization and traceability, regardless of the case involved.” It also calls on the Minister, “in her capacity as the head of the public prosecutor’s office, to strictly respect the guarantees provided by the new status of the judiciary and the rules governing instructions given to public prosecutors.”
Last week, the Ministry announced the suspension of three PAC magistrates for alleged failures in the performance of their duties. The Ministry cited, among other things, the handling of files and non-compliance with obligations related to their functions. A source within the Ministry also mentioned, among other grievances, suspicions of conflicts of interest, unjustified case dismissals, unexplained absences, repeated refusals to process certain files, and behavior deemed contrary to professional ethics.
Captured & Published at: 2026-08-31 17:53:35 (Madagascar Local Time EAT)
Original Source: https://www.2424.mg/justice-le-syndicat-des-magistrats-de-madagascar-smm-conteste-les-conditions-de-suspension-de-trois-magistrats-du-pole-anti-corruption/