Africa-Press – Cape verde. In the Public Prosecutor’s Office, there was an increase in productivity that could be much greater, if the situation of “exiguity” of human resources were overcome. The CSMP asks for budget reinforcement to provide increased productivity. The Superior Council of the Judiciary considers, for its part, that excessive formalism hinders the resolution of disputes.
According to the CSMP’s annual report on the situation of justice, productivity increased by 15.8% compared to the 2020/2021 judicial year, the national backlog decreased by 5.8% and the procedural reference values set were exceeded. , at the national level, by 59.2%.
However, the number of magistrates and bailiffs “remains small” to cope with the volume of pending and processed cases and to fill the representation posts at the higher courts and strengthen representation at the courts of second instance.
The document also highlights that the assistance provided by the Judiciary Police again registered a “considerable decrease” compared to the previous judicial year, “which can and should be improved”.
On the other hand, assistance by the National Police (PN) “in the largest region in the country”, where 73% of the national pending situation is registered, registered “a marked decrease, despite the installation of the Central Directorate for Criminal Investigation during the course of the judicial year”. previous year” and the staff assigned, on an exclusive basis, to the criminal investigation in the criminal investigation centers and services of the PN “remains clearly insufficient”.
Excessive formalism hinders dispute resolution
The Superior Council of the Judiciary (CSMJ) admits, in its annual report on the situation of justice, that the procedural rules and legal traditions of the Cape Verdean legal system “is too marked by formalism”, which privileges the process by process, to the detriment of a results-oriented approach and speedy dispute resolution.
It considers, on the other hand, the modernization and legislative sophistication, in the sense of technical and normative convergence with the European Union, can be considered the great engine of the national legal system, however, often not accompanied by the respective means for its real implementation and application.
The CSMJ recognizes, however, that the financial and human resources allocated to the judiciary are generally in line with the average standards of developing countries, with a substantial increase in recent years, “with a clear impact on increasing the productivity of judicial actors ( magistrates and bailiffs).
For this entity, which manages the judiciary, special attention must be given to strengthening the judicial inspection service, as a central unit for the proper functioning of the system, as well as the continuous training of magistrates, bailiffs and other officials, without forget about organic and job specialization. “The bad or under-use of Information and Communication Technologies (ICT) must also be taken into account”.
Another aspect highlighted in this report concerns the efficiency and effectiveness of the mediation, arbitration and conflict resolution structures that were created and integrated into the Cape Verdean legal system, aiming, essentially, at facilitating access to law and justice, but also reduce the inflow of cases in the courts.
The same source considers, however, that, despite the potential that these mechanisms have in terms of speedy resolution of disputes, their use by individuals and companies in case of dispute has not been successful, with the exception of “ad hoc” arbitrations that have particularly in the real estate sector.
“The cause of this failure is closely linked to factors of cultural resistance to arbitration, lack of social credibility of these mediation structures and high procedural cost”, he concludes.
reinforcement of funds
The CSMP also reveals that, for financial reasons, it was unable to fully comply with the approved activity plan. “The initial ordinary inspection plan for the 2021/2022 judicial year, which provided for 16 inspections, seven of which were carried out by Public Prosecutors and nine by the Public Prosecutor’s Offices, was not carried out due, in part, to budgetary restrictions. ”.
Also, for reasons of a budgetary nature, the continuous training plan for magistrates “was not fully implemented” and, for the same reason, the training plan for justice officers and senior technicians “was partially implemented”.
According to the aforementioned report, bailiffs responsible for carrying out the external notification service “continue to face enormous difficulties” in locating procedural actors and their residences, especially in large urban centers and, in particular, in the city of Beach.
This constraint, according to the same source, has been making procedural steps impossible and forcing the repetition of successive appointments of steps, “with direct implications not only in the deadlines for carrying out the investigation and in the length of justice, but also in the increase of expenses with consumables and fuel. ”.
No vehicles and old computers
On the other hand, the fleet of vehicles allocated to the MP “needs reinforcement and replacement” and more than 50% of the IT infrastructure of the services of that institution demands replacement, “because it is obsolete”.
The report also reveals that criminal police bodies “continue not to be able to access the Information System of Justice, considering that the overwhelming majority of complaints and participations are presented in these bodies and that investigative powers are delegated to them”.
To solve these shortcomings that impede the normal functioning of prosecutors, the CSMP recommends the Government to maintain the investment effort made in the justice sector and with a special focus on the Public Ministry, “in order to increase productivity and reduce backlog at the national level, thereby creating the capacity for the response in terms of prosecuting criminal prosecution to be undertaken within a reasonable period of time”.
The opening of competitions for magistrates, as well as for bailiffs is another requirement of the CSMP, which also asks for a reinforcement of the budget, to provide the best performance of its attributions.
For More News And Analysis About Cape verde Follow Africa-Press
