JUSTICE REFORM AGREEMENT REACHED BETWEEN GOVERNMENT AND

UNCLAS PRAIA 000012 E.O. 12958: N/A TAGS: SNAR PREL KJUS PGOV CV SUBJECT: JUSTICE REFORM AGREEMENT REACHED BETWEEN GOVERNMENT AND OPPOSITION REF: 08 PRAIA 277 ¶1. (U) SUMMARY. The obstacles between government and opposition forces that had been blocking reform in the justice sector appear to have been overcome. On January 09, 2009, Prime Minister Josi Maria Neves and Movement for Democracy (MpD) opposition leader Jorge Santos reached an agreement on the measures intended to resolve the main problems of the justice sector. Among the measures to be taken is an increase in the number of judges sitting on the Supreme Court of Justice and the installation of the Constitutional Court. END SUMMARY ¶2. (U) After a series of failed attempts, the government and the opposition agreed to work together to provide Cape Verde with a number of structural measures aimed at improving the justice system. Present during negotiations were MpD leader Jorge Santos accompanied by legislators Eurico Monteiro and Joana Rosa. Representing the African Party for the Independence of Cape Verde(PAICV) government were Prime Minister Neves, Minister of Justice Marisa Morais, and cabinet spokeswoman Jandira Hopffer Almada. Following the meeting, both sides expressed optimism, promising more good news for the coming week. The `good news', according to Jorge Santos, included the designation of a provisional, transitional Supreme Court of Justice, which will combine its function with those of a constitutional court until the installation of the Constitutional Court. (Note: the Constitutional Court would ultimately deal with matters of interpretation and application of the constitution; the Supreme Court would hear appeals of lower court rulings. The terminology could be confusing for American audiences, since in this case the Supreme Court is in practice an appellate court, while the Constitutional Court fills the role played in the U.S. by our Supreme Court.) The legislation increases the total number of justices from five to seven. The two political parties, through two-thirds parliamentary majority, are required to vote to select the two additional Supreme Court judges, while the High Council of Judicial Magistrates will choose four and the President of the Republic one. The two sides also agreed to the naming of a justice ombudsman, to hear complaints from the public. Both the ombudsman and the creation of a constitutional court were made official in 1999 but have yet to be implemented. ¶3. (U)The agreement was prompted by the recent release of two individuals convicted of the high-profile murders of two Italian tourists on the island of Sal in 2007. Their case was awaiting appeal, but the supreme court failed to meet the deadline for issuing a decision, resulting in the prisoners' release. Public reacted with outrage and disbelief, prompting comments that the Cape Verdean justice system had lost all credibility. (Note: after the public uproar and extensive harassment, including death threats, the individuals voluntarily went back to prison, after which the Supreme Court upheld the lower court's decision. They are currently serving 24-year sentences). ¶4. (U) Prime Minister Neves promised that 2009 will be a year of `pleasant surprises' in the justice sector. Neves hinted that his meeting with Jorge Santos also touched upon other issues. These may include further revision of the Constitution and further clarification of the rights and responsibilities for political office holders as well. ¶5. (U) Supreme Court President Benfeito Mosso Ramos has harshly criticized the political forces for not making judicial reform a priority - late last year he prepared a scathing report on the state of the justice system and the urgent need for reform. After the announcement of this agreement, Ramos was pleased, but pointed out the irony that these problems had been sitting on the table for years, yet were resolved in just a one-hour meeting. ¶6. (U) COMMENT. The expansion in the number of Supreme Court judges from five to seven, the creation of the Constitutional Court and the naming of a Justice ombudsman are important steps towards real judicial reform. Other matters still awaiting discussion are the revision of the penal code and judicial proceedings code, and the adoption of strict measures, such as penalties for judges and prosecutors who violate legal deadlines, and the establishment of stronger victims' compensation laws. These are, by far, the most important next steps for the Cape Verdean justice sector. Justice reform was originally proposed by MpD during its administration (1991-1999). However, following its electoral defeat in 1999, the MpD did an about-face and blocked any such reform, fearing handing PAICV an electoral advantage. The result has been eight years of deteriorating judicial authority, ultimately including releasing convicted murderers onto the streets due to easily avoided procedural errors. MpD showed courage in finally acquiescing to the urgent need for judicial reform, but the party, and in particular party leader Jorge Santos, could pay a steep price for handing PAICV this victory. In light of the highly publicized Sal murder case, Parliamentarians on both sides of the fence likely want resolution (or at least the appearance of resolution) to these pending issues, before another high-profile convict slips through the judicial cracks. These challenges won't be solved in a few one-hour meetings. But this agreement proves that, if lawmakers are sufficiently motivated, more developments could come quickly. END COMMENT MYLES