(1) The compensation provided for under section 236 is awarded at first instance by the
decision of a Commission.
(2) When the action is against a magistrate, the Commission shall be composed as follows:
President: A judge of the Supreme Court.
Members:
- two Court of Appeal magistrates;
- a representative of the Ministry in charge of Higher State Control;
- a representative of the Ministry in charge of the Public Service;
- a representative of the Ministry in charge of Finance;
- a member of parliament designated by the bureau of the National Assembly;
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- the President of the Bar Council or his representative.
(3) When the action is against a judicial police officer, the Commission shall, in addition to the
above, include a representative of the Department in charge of National Security or the
Gendarmerie, as the case may be.
(4) Each substantive members shall be designated with an alternate member.
(5) The substantive and alternate member shall be designated for three (3) judicial years.
Those from Government Departments and Institutions shall have at least the rank of director of
the central administration.
(6) The Commission shall be seized of the matter by application within six (6) months from the
date of the end of the illegal detention or from the date when the no case ruling or acquittal
decision become final. The procedure to be followed shall be that application before Bench of
the Supreme Court.
(7) The proceeding shall be in camera.
(8) The Commission shall deliver a reasoned decision, subject to appeal before the judicial
Division of the Supreme Court. The decision is considered a civil judgment.
(9) The time-limits for appeal are those provided for in civil appeals to the Supreme Court.
(10) The functions of the Legal Department are performed by the Legal Department of the
Supreme Court.
(11) The judgment of the Judicial Division of the Supreme Court on appeal shall be final.
Official text
Spot-checked
In force from 27 July 2005
Source page 56