Abstract
Criminal justice is a field of confrontation between several actors who compete to monopolize repressive powers. Madagascar had been colonized by France between 1896 to 1960. During the occupation of Madagascar, French administrators took these powers from the hands of Malagasy judges. The population is subjected to a discriminatory judicial organization. The indigenous criminal justice system applies a violent and expeditious procédure. The governor general and the attorney general have exorbitant judicial powers ans manage the careers of magistrates. The Executive power enslaved the judiciary. The human rights are in the speeches of justification for colonization but they are violated in colonial territories. The misuse of human rights, including the right to a fair trial, is at the root of the exploitation policy.The neocolonial period and the socialist years maintain a heavy colonial legacy. Justice remains helpless and disorderly. Judicial coverage is unsatisfactory. The colonial judicial organization and the expeditious procedure of the indigenous jurisdictions are ratified in the new Republic.The adjustment did not take place until the 1990s, when the repressive powers were shifted to the magistrates and citizens to the detriment of the Executive. The right to a fair trial is gradually replacing this legacy. The independence and the impartiality of judges become constitutional principles with guarantees. The notion of reasonable time for the trial also receives recognition. Provisional violations of liberty are strictly regulated.However, the gains remain precarious. The repressive powers are adjusted but they are still weakened by the stagnation of the citizen's power to obtain justice and by the breakdown of the magistrate's power to render justice. Malagasy justice today remains a justice which needs to be improved, it is still perceived as an unjust Justice.