Africa-Press – Angola. The president of the Association of Judges of Angola (AJA), Esmael Diogo Silva, considered, this Thursday, that the entry into operation of the guarantee judge marked, without a doubt, a “historical turning point” in the Angolan judicial system.
In a press release, on the occasion of the first anniversary of the implementation of the guarantee judge, which is celebrated , the Judicial magistrate said that the AJA is pleased with the anniversary, as the Angolan citizen emerged victorious, as a step was taken in the right direction and, at the same time, significant in consolidating the Rule of Law.
He recalled that, despite the advances achieved, with regard to citizens’ rights, freedoms and guarantees, the fact that the Attorney General of the Republic exercises the function of legalizing arrests and ordering searches, searches and seizures has always merited lively debates.
From the outset, he added, this paradigm called into question the constitutional principles that weakened the defendant’s guarantees and the rule of law.
Esmael Diogo Silva highlighted that this paradigm was changed with the advent of the judge of guarantees, to the extent that it is necessary to ensure that the institution that investigates is not the same as the one that carries out jurisdictional acts, so that only the courts exercise the function of declaring and coercively realize rights.
He pointed out that the entry into operation of the Guarantees Judge will also allow the practice of acts relating to the fundamental rights and freedoms of citizens to be the exclusive responsibility of a judge.
“It is true that there is still a lot to be done, so that the guarantee judge fulfills his role in the Angolan judiciary in the best possible way, which is why it is necessary to improve social, economic and professional conditions, standardize procedures, pacify the relationship with the Ministry Public, ensure the accommodation of defendants and promote the continuous training of judges and employees”, he highlighted.
On May 2, 2023, the Superior Council of the Judiciary (CSM) implemented the guarantee judge in Angola, to act in the pre-judicial phase of the criminal process, ensuring the fundamental rights, freedoms and guarantees of citizens.
According to article 313 of the Code of Criminal Procedure, the judge of guarantees, among others, is responsible for applying coercive measures and assessing complaints arising from acts of the Public Prosecutor’s Office, may carry out the first judicial interrogation of the detained defendant, order searches of establishments and the seizure of procedurally relevant objects found in searches
AJA is a national, non-profit, private entity without any political-partisan or religious orientation, established on December 11, 2015, under Angolan law, with more than 300 members.
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