Microsoft Word - .doc 2012-007
ION 2012-007 Wearing amnesty for national reconciliation EXPLANATORY MEMORANDUM
For the sake of national reconciliation and to enable all citizens to take part in the harmonious development of the country, the Malagasy political actors have agreed to make commitments by adopting the road map for ending the crisis in Madagascar, Sheet road is inserted into the internal legal order by law 2011-014 of 28 December 2011. thus they have decided to grant amnesty to offenses committed political events between 2002 and 2009, as well as 'political figures and members of the governing bodies of political parties or entities. Indeed, amnesty is a measure of appeasement, marking the beginning of national reconciliation, especially after a period characterized by severe political divisions. However, it does not mean weakness and should under no circumstances favor impunity. Therefore, it has limits imposed by the protection of society and its heritage and the Resolutions of the United Nations and international conventions, to which Madagascar has acceded, which stipulate that serious human rights violations rights and fundamental freedoms are not amnesty.
Also, the development of this bill is achieving the
commitments by political actors in the road map including:
- amnesty for crimes related to political events that have produced between 2002 and 2009;
- Accuracy of facts not amnesty. This Act, including 16 articles, states in its first article the period covered by the amnesty and further provides:
I. The amnesty and wide right, II. The amnesty application
III. Facts not amnesty, IV. The effects of the amnesty amnesty in disciplinary matters.
Off I-Amnesty and right: Also, the broad amnesty and right is granted if the offenses
political events that occurred between 2002 and 2009 were committed by persons who are identified in this Act.
II- Amnesty on request The benefit of the query on amnesty may be granted upon request to the Council of
Fampihavanana Malagasy for certain categories of persons who have not benefited from the broad amnesty and full law.
Not amnesty III-Facts: The creation of an environment of trust and healing
does not mean impunity for serious criminal offenses excluded from the amnesty under section 18 of the Road Map is inserted into the internal legal order by law 2011-014 of 28 December 2011. This is primarily crimes against humanity, war crimes, genocide, second serious human rights violations rights and fundamental freedoms. To avoid distorting interpretation, serious violations of human rights and fundamental freedoms provided by international conventions are listed in this Act.
Amnesty IV-effects: amnesty leads to the extinction of public action or erasing
convictions. It also causes the vocational rehabilitation: the right to reinstatement in the career reconstruction or rehabilitation of the person concerned and vocational rehabilitation.
The amnesty shall not prejudice the rights of victims. It also does not suspend or stop an action for review. All disputes arising from the implementation of this Act are subject
with Articles 597 and following of the Code of Criminal Procedure. To this end, the request is addressed to the President of the Tribunal or to the First President of the Court of Appeal, which rendered the decision; otherwise the request is addressed to the Indictment Division if the decision was rendered by a criminal court.
Disputes concerning the administrative situation of people who have benefited from the amnesty
under the jurisdiction of the State Council in accordance with Article 129 of the Organic Law n ° 2004-036 of 1 October 2004 on the organization, powers, functioning and procedure applicable to the Supreme Court and during the three component.
This is the purpose of this Act.
ION 2012-006 Wearing amnesty for national reconciliation
Congress of the Transition and the Higher Council of Transition
have adopted in their respective session dated April 12, 2012 and April 13, 2012 the law which reads as follows: Article premier.- as part of national reconciliation and implementation of the Road Map of 17 September 2011 inserted in the internal legal order by Act No. 2011-014 of 28 December 2011 , amnesties are granted in accordance with the provisions of this Act.
I- AMNESTY AND LARGE OF RIGHT Article 2. Benefit from a broad amnesty and ex infringements related to political events, with the exception of the offenses listed in Article 5 of this Act, which occurred between 2002 and 2009. This concerns:
- members of state institutions, officials, or members of the armed forces and the police, or persons who had charge of the management functions or execution within the institutions or organs of the State or local Authorities;
- Politicians or members of the governing bodies of political parties and entities;
Article 3. With the exception of Article 5 of this Act, the amnesty also applies to offenses provided political events and punished by the Code of Justice of national service.
II - AMNESTY ON REQUEST Article 4. With the exception of Article 5, the benefit of this amnesty may be granted on request to the Council Fampihavanana Malagasy accused persons who do not have subject to the measures imposed by this Act.
III - amnesty NO FACTS Article 5.- are excluded from amnesty under Article 18 of the Road Map signed by the Malagasy political actors September 17, 2011:
- crimes against humanity; - War crimes; - Genocide; - The serious violations of human rights such as the infringement
to life, torture, cruel, inhuman or degrading treatment or systematic forcible transfer;
- Serious human rights violations. For the purposes of this Act, constitute serious violations of human rights and fundamental freedoms exclusively comprising the following offenses:
- murder, assassination, poisoning provided and punished by Articles 295-304 the Penal Code;
- Torture provided and punished by Law No. 2008-008 of 25 May 2008 against Torture and Other Cruel, Inhuman or Degrading Treatment;
- The planned rape and punished by Articles 332 and 333 of the Penal Code; - Pedophilia and punished under the law 98-024 of January 25, 1998
amending the Penal Code concerning pedophilia; - The removal of planned minor and punished by Articles 354-357 of the Penal Code
IV-EFFECTS OF AMNESTY Article 6. The amnesty ends all criminal proceedings relating to offenses related to political events, excluding those listed in section 5 of this Act. Article 7. The amnesty erases convictions and off public action in bringing the consequences provided for by Articles 2 and 590 of the Criminal Procedure Code.
The amnesty cancels all major penalties, and additional accessories, including relegation, banishment, and any subsequent disqualifications or disabilities.
Article 8. The amnesty also applies to disciplinary sanctions imposed in respect of breaches referred to in Article 2 of this Act, and the ongoing disciplinary proceedings relating thereto.
Article 9.- The amnesty involves, except for ministerial and senior elected political office and state jobs, the right to reinstatement in public or ministerial offices, duties, employment, profession or rank, public or private. It leads to career recovery or reclassification of interest. It causes vocational rehabilitation from the date of publication of this Act. For the effectiveness of this provision is made under the provisions of Articles 26 and 27 of the Road Map related to the Council of Fampihavanana Malagasy and the National Solidarity Fund. Article 10. The amnesty does not prejudice the rights of victims seeking redress. The Court, having declared the amnesty facts must allocate damages to the victim, if criminal misconduct. For the purposes of this Article, the state is considered a third party. If proceedings on the civil claims, the court may order a compulsory on the criminal case. Article 11. The amnesty can not, in any case, to prevent the action for review before the competent court in order to establish the innocence of the condemned. Article 12.- It is forbidden for anyone to remember, or leave behind any form whatsoever in a criminal record or police or any other document, convictions or disqualifications erased by the amnesty. Only minutes judgments filed in transplants exempt from this ban. Violations of the provisions of this Article shall be punished by a prison sentence of one to three months. They lead, if appropriate, disciplinary sanctions. Article 13. Any disputes about the benefits of this Act are subject to the rules of jurisdiction and procedure provided for by Articles 597 and following of the Code of Criminal Procedure. In particular, the dispute concerning the administrative situation of people who benefited from the amnesty is brought before the Council of State.
Article 14. It is established a special commission within the Supreme Court to try and pronounce the amnesty decisions in the light of the lists offered by entities authorized for that purpose. Article 15. Because of the emergency and in accordance with Article 4 of Ordinance No. 62-041 of 19 September 1962 on general provisions of internal law and private international law, this Act comes immediately force once it has been published by broadcast, television or display. Article 16. This Law shall be published in the Official Journal of the Republic. It shall be enforced as State law.
Antananarivo, April 13, 2012
THE CHAIRMAN OF THE BOARD OF TRANSITION, THE PRESIDENT OF THE CONGRESS OF THE TRANSITION
Rasolosoa Dolin RAKOTOARIVELO Mamy