Criminal
A 1995 penal code on the French model, with piracy jurisdiction as a live speciality
The Code Pénal 1995 and the Code de Procédure Pénale follow French structure. Djibouti has exercised jurisdiction over maritime piracy suspects transferred by international naval forces, which is an unusual practical specialisation.
Key rules
- Jurisdiction — National. Investigation is led by the juge d'instruction in serious cases, following the French inquisitorial model.
Governing law
- Loi 59/AN/94 portant Code Pénal
- Loi 60/AN/94 portant Code de Procédure Pénale
- Loi 111/AN/11 on combating terrorism
- Loi 210/AN/07 on combating trafficking in persons
In practice
The structure will be familiar to anyone who works with French criminal procedure: a public prosecutor, an investigating magistrate for serious offences, and a distinction between contraventions, délits and crimes that drives which court hears the matter. The distinctive element is maritime. Djibouti's position at the mouth of the Red Sea, and the presence of counter-piracy naval operations, led to transfer arrangements under which suspects detained at sea were prosecuted in Djiboutian courts, and it hosts the regional training centre associated with the Djibouti Code of Conduct on piracy and armed robbery at sea. The death penalty was abolished by the 1995 code. Trafficking legislation was introduced in 2007 and strengthened subsequently, reflecting Djibouti's position on the migration route between the Horn and the Arabian Peninsula.