In an electric political context, marked by legal proceedings targeting several political figures and by an increased judicialization of public debate, the Order of Lawyers is coming out of its reserve. In a press release published on Monday, January 12, President Ferdinand Ranary Rakotoarisoa “firmly” recalls a cardinal principle of the rule of law, according to which the lawyer is neither the judge nor the decision rendered by the court. He is an essential actor of justice and must be protected as such.
The message is clear, direct, straightforward. While social networks are on fire and certain sensitive cases expose the parties’ counsel to personal attacks, the Bar Association disapproves “any speech or initiative aimed at exposing a lawyer to public opprobrium, to undermine his honor or to assimilate him at the end of a trial”. A red line is drawn. A reminder of principles in a tense political sequence. For several weeks, the political scene has been going through a zone of strong turbulence. Political leaders, former ministers and senior civil servants are being prosecuted.
The files are scrutinized, commented on, sometimes used
In this atmosphere of tension, the lawyer becomes an easy target, confused with his client, assimilated to the cause he defends, judged not by his professional behavior, but by the identity of the person he represents. It is precisely this drift that the Order denounces. “Attacking a lawyer for the loyal exercise of his mandate constitutes a serious attack on the rights of the defense and the foundations of the rule of law », Underlines the press release. The tone is solemn.
The recall is not trivial. It comes at a time when popular pressure, amplified by social networks, tends to blur the boundaries between justice, opinion and the settling of scores. Remembering that the lawyer is “an essential partner of justice », the Order reaffirms the central role of the defense in any fair procedure. The lawyer practices in complete independence, in compliance with the law and ethics “. He doesn’t choose the facts. He does not make the decision. It guarantees that the rights of the defense are respected, including – and especially – in the most sensitive cases. The Order “ calls on citizens, public actors and users of social networks to show restraint and responsibility ».
Rija R.