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With the exception of temporary duties, in no case may a seconded judicial officer serving under the technical co-operation programme be entrusted with judicial functions giving him authority over judicial personnel of a grade higher than his own in his original service.

Article 6. The two Governments may terminate the assignment or post before the expiry of the normal term in the light of an opinion of the Commission established under article 11 in the case of a member of the Parquet or with the approval of the said Commission in the case of a member of the Bench.

The decision to bring the matter before the Commission shall be notified to the other Government and to the judicial officer 15 days before the meeting. A hearing shall automatically be granted to the person concerned on request. The complete file of the case shall be transmitted to him at least eight clear days before the Commission meets. The Commission's opinion shall be transmitted to the two Governments.

The decision to terminate the assignment of a judicial officer before expiry of the normal term shall not constitute a disciplinary measure and shall not be appealable by the official concerned.

Notification of this decision shall be accompanied by a detailed report with a view to bringing the judicial officer concerned before his disciplinary court.

Article 7. Where, following promotion to a higher grade or appointment to duties in a new group in his original branch of service, a judicial officer requests that his assignment should be terminated, the request shall automatically be granted unless the Government of the Republic of the Ivory Coast can appoint him to a post corresponding to the new grade or group.

Article 8. The provisions of the General Agreement shall be applicable to judicial personnel only in so far as they are compatible with the statutory provisions applicable to them and with their professional obligations.

Judicial personnel shall enjoy the independence, immunities, guarantees, privileges, honours and prerogatives to which the same functions would entitle them in France.

Furthermore, they shall have the same duties and rights as judicial personnel of the Republic of the Ivory Coast.

The Government of the Republic of the Ivory Coast shall protect them against any threats, offensive behaviour, insults, defamation, attacks and coercion of any kind to which they might be subject in the performance of their duties or during the performance of their duties. It shall, where necessary, make amends for any injury which may result therefrom.

Judicial personnel may not be challenged in any way regarding decisions in which they participate or utterances or acts relating to their duties.

Article 9. Judicial personnel made available to the Republic of the Ivory Coast shall be subject to the system of annual leave provided for in the French regulations concerning personnel serving under the technical co-operation programme. The Government of the Republic of the Ivory Coast may, however, refuse to grant annual leave when the courts are not in recess except in the case of judicial personnel who have been on duty during the previous recess.

Article 10. No correctional or criminal proceedings may be instituted against a judicial officer except with the approval by a majority vote of the Commission provided for in article 11. If proceedings are instituted, the Government of the French Republic shall be kept informed and the judicial officer against whom the proceedings are being taken shall enjoy the privilege of jurisdiction laid down in the legislation applicable in the territory of the Republic of the Ivory Coast at the time of the entry into force of this annex.

Vol. 1332, I-22349