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