Cape Verde - Revision history

IBJadmin: /* Court Procedures */

2025-02-13T14:15:15Z

Court Procedures

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	On the day of the trial, the parties are taken to the court where the case is being heard. This will normally be the court closest to where the crime allegedly took place. Trials can be heard by a single judge or a panel of 3 judges. Crimes of a sexual nature are tried in private before a judge, or, at the request of the accused or the assistant, a collective court may be held for offenses punishable by a sentence of more than eight years). There are normally no jury trials in Cape Verde.		On the day of the trial, the parties are taken to the court where the case is being heard. This will normally be the court closest to where the crime allegedly took place. Trials can be heard by a single judge or a panel of 3 judges. Crimes of a sexual nature are tried in private before a judge, or, at the request of the accused or the assistant, a collective court may be held for offenses punishable by a sentence of more than eight years). There are normally no jury trials in Cape Verde.

	The state prosecutor will be present, together with the lawyers and an interpreter if the parties do not speak Portuguese. A court clerk will also be there. Hearings are public unless otherwise decided by the presiding judge.c		The state prosecutor will be present, together with the lawyers and an interpreter if the parties do not speak Portuguese. A court clerk will also be there. Hearings are public unless otherwise decided by the presiding judge.

	Witnesses for both the prosecution and the defense will be called one by one. They will not be allowed in the courtroom until they are required to give evidence.		Witnesses for both the prosecution and the defense will be called one by one. They will not be allowed in the courtroom until they are required to give evidence.
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	'''Appeals'''		'''Appeals'''

	The defendant may appeal through their lawyer against any conviction within 15 days of sentencing. If the appeal is admissible, the court will pass it up to the Court of Second Instance or Appeal. In certain circumstances, a sentence that has become final can be reviewed by the Supreme Court of Justice. The state prosecutor may also appeal if they consider that the conviction is too lenient.		The defendant may appeal through their lawyer against any conviction within 15 days of sentencing. If the appeal is admissible, the court will pass it up to the Court of Second Instance or Appeal. In certain circumstances, a sentence that has become final can be reviewed by the Supreme Court of Justice. The state prosecutor may also appeal if they consider that the conviction is too lenient.


	==International Sources of Defendants Rights==		==International Sources of Defendants Rights==

IBJadmin: /* Pre-Trial Procedure */

2025-02-13T14:07:59Z

Pre-Trial Procedure

IBJadmin: /* Rights of the Accused */

2025-02-13T13:55:53Z

Rights of the Accused

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	<br>		<br>
	<li>'''Right to Counsel and Effective Assistance and the Right to Present a Defense'''		<li>'''Right to Counsel and Effective Assistance and the Right to Present a Defense'''
	As outlined in the constitution, everyone has the right of defense, as well as to legal information, to legal representation and to be accompanied by an attorney before any authority, under the terms of the law.xl Indeed, justice may not be denied because of an insufficiency of economic means or undue delay of a ruling.		As outlined in the constitution, everyone has the right of defense, as well as to legal information, to legal representation and to be accompanied by an attorney before any authority, under the terms of the law. Indeed, justice may not be denied because of an insufficiency of economic means or undue delay of a ruling.

	<br>		<br>
	<br>		<br>
	<li>'''Right to a Fair Trial and Due Process'''		<li>'''Right to a Fair Trial and Due Process'''
	The constitution upholds this right by guaranteeing that everyone should receive, within a reasonable timeframe and through a fair trial, safeguard of his or her legally protected rights or interests.~~xlii~~		The constitution upholds this right by guaranteeing that everyone should receive, within a reasonable timeframe and through a fair trial, safeguard of his or her legally protected rights or interests.

	<br>		<br>

IBJadmin: /* Background */

2025-02-13T13:46:43Z

Background

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	Cape Verde is a country comprising 10 islands that lie 385 miles off the west coast of Africa. Praia, on Santiago, is the capital. The archipelago is divided into the Barlavento group to the north and the Sotavento group to the south.		Cape Verde is a country comprising 10 islands that lie 385 miles off the west coast of Africa. Praia, on Santiago, is the capital. The archipelago is divided into the Barlavento group to the north and the Sotavento group to the south.

	In 1462, the first settlers from Portugal landed on Santiago, subsequently founding the oldest European city in the tropics – Ribeira Grande, now known as Cidade Velha. The islands of Cape Verde initially played a significant role as an offshore entrepôt with the development of the triangular trade, by which manufactured goods from Europe were traded for slaves. However, the colony became neglected over the years, as the wealth Cape Verde generated decreased dramatically when Spain claimed the Portuguese throne in 1580 and ruled Portugal for 60 years thereafter.iv By the 1840s, the transatlantic slave trade was in steep decline.v Portugal began to neglect Cape Verde, as it was no longer a significant supply base. This created public discontent towards the Portuguese authorities, especially since they did little to mitigate the natural disasters and food shortages that Cape Verde was plagued with.		In 1462, the first settlers from Portugal landed on Santiago, subsequently founding the oldest European city in the tropics – Ribeira Grande, now known as Cidade Velha. The islands of Cape Verde initially played a significant role as an offshore entrepôt with the development of the triangular trade, by which manufactured goods from Europe were traded for slaves. However, the colony became neglected over the years, as the wealth Cape Verde generated decreased dramatically when Spain claimed the Portuguese throne in 1580 and ruled Portugal for 60 years thereafter. By the 1840s, the transatlantic slave trade was in steep decline. Portugal began to neglect Cape Verde, as it was no longer a significant supply base. This created public discontent towards the Portuguese authorities, especially since they did little to mitigate the natural disasters and food shortages that Cape Verde was plagued with.

	The long-standing joint colonial administration of Cape Verde and Guinea-Bissau was terminated in 1879 when both became separate Portuguese territories. The contemporary African decolonization movement meant that their status was modified in 1951 to “overseas provinces”, with their inhabitants officially awarded full Portuguese citizenship in 1961. However, some members of the colonial population were dissatisfied and advocated for complete independence from Portugal. In January 1963, the Partido Africano da Independência da Guiné e Cabo Verde (PAIGC) launched its armed campaign to end the colonial and fascist regime. A series of events, including the assassination of PAIGC founder Amilcar Lopes Cabral, and the declaration of independence for Guinea-Bissau on September 24, led to a crisis in Portugal which resulted in a successful coup on April 25, 1974. The new government began negotiating with African nationalist movements.		The long-standing joint colonial administration of Cape Verde and Guinea-Bissau was terminated in 1879 when both became separate Portuguese territories. The contemporary African decolonization movement meant that their status was modified in 1951 to “overseas provinces”, with their inhabitants officially awarded full Portuguese citizenship in 1961. However, some members of the colonial population were dissatisfied and advocated for complete independence from Portugal. In January 1963, the Partido Africano da Independência da Guiné e Cabo Verde (PAIGC) launched its armed campaign to end the colonial and fascist regime. A series of events, including the assassination of PAIGC founder Amilcar Lopes Cabral, and the declaration of independence for Guinea-Bissau on September 24, led to a crisis in Portugal which resulted in a successful coup on April 25, 1974. The new government began negotiating with African nationalist movements.

IBJadmin: /* Background */

2025-02-13T13:38:43Z

Background

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	Currently, the Cape Verde government is a semi-presidential democratic republic. The president is the head of state, while the prime minister is the head of government and is responsible for proposing other ministers. Every 5 years, the president is elected by the absolute majority vote through a two-round system. The prime minister is nominated by the national assembly, the legislative branch which also passes laws. The national assembly has 72 members who are elected through a closed-list proportional system every 5 years.		Currently, the Cape Verde government is a semi-presidential democratic republic. The president is the head of state, while the prime minister is the head of government and is responsible for proposing other ministers. Every 5 years, the president is elected by the absolute majority vote through a two-round system. The prime minister is nominated by the national assembly, the legislative branch which also passes laws. The national assembly has 72 members who are elected through a closed-list proportional system every 5 years.


	==The Legal system==		==The Legal system==

IBJadmin: /* International Sources of Defendants Rights */

2025-02-13T13:38:02Z

International Sources of Defendants Rights

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	</tr>		</tr>
	</table>		</table>


	==Resources==		==Resources==

IBJadmin: /* Pre-Trial Procedure */

2025-02-13T13:34:50Z

Pre-Trial Procedure

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	Note that it is prohibited to seize or in any other way monitor correspondence exchanged between an accused and his lawyer, except in the case of correspondence with respect to a criminal deed for which the lawyer has been accused.		Note that it is prohibited to seize or in any other way monitor correspondence exchanged between an accused and his lawyer, except in the case of correspondence with respect to a criminal deed for which the lawyer has been accused.

	When the seizure is performed not by the judge, that entity must immediately turn over the items seized to the competent judge without opening the correspondence or gaining knowledge of its contents.xc If the judge considers the seized correspondence to be relevant evidence, he shall include it with the case records.~~xci~~ Otherwise, he will return it to its rightful owner, and is bound to maintain the secrecy of the contents of the seized correspondence where it was of no interest as evidence.		When the seizure is performed not by the judge, that entity must immediately turn over the items seized to the competent judge without opening the correspondence or gaining knowledge of its contents. If the judge considers the seized correspondence to be relevant evidence, he shall include it with the case records. Otherwise, he will return it to its rightful owner, and is bound to maintain the secrecy of the contents of the seized correspondence where it was of no interest as evidence.


	==Court Procedures==		==Court Procedures==

IBJadmin at 14:57, 12 February 2025

2025-02-12T14:57:12Z

Show changes

IBJadmin: /* Source of Defendants Rights */

2025-02-12T14:54:40Z

Source of Defendants Rights

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	<li> OACV - Cape Verde Bar Association, a public association representing law graduates who, in accordance with the Statute of the Cape Verde Bar Association and other applicable legal provisions, practice law professionally in Cape Verde.		<li> OACV - Cape Verde Bar Association, a public association representing law graduates who, in accordance with the Statute of the Cape Verde Bar Association and other applicable legal provisions, practice law professionally in Cape Verde.

	==~~Source~~ of Defendants Rights==		==International Sources of Defendants Rights==

	The Constitution of the Republic of Cape Verde upholds the rights and obligations of the general public.		The Constitution of the Republic of Cape Verde upholds the rights and obligations of the general public.

IBJadmin: /* Source of Defendants Rights */

2025-02-12T14:52:15Z

Source of Defendants Rights

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	The Constitution of the Republic of Cape Verde upholds the rights and obligations of the general public.		The Constitution of the Republic of Cape Verde upholds the rights and obligations of the general public.

	The government has mechanisms in place to identify and punish officials who may commit human rights abuses or engage in corruption. Although there were reports that the security forces committed some abuses, there were no reports of significant human rights abuses.

	International sources of human rights primarily stem from the international human rights treaties to which Cape Verde is a party. These United Nations treaties are listed below.		International sources of human rights primarily stem from the international human rights treaties to which Cape Verde is a party. These United Nations treaties are listed below.
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	</tr>		</tr>
	</table>		</table>


	==Rights of the Accused==		==Rights of the Accused==

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	(2) if there is sound reason to believe that any delay may pose a serious and immediate danger to life, physical integrity, freedom, or the survival of the constitutional rule of law in Cape Verde.		(2) if there is sound reason to believe that any delay may pose a serious and immediate danger to life, physical integrity, freedom, or the survival of the constitutional rule of law in Cape Verde.

	Formalities exist, in that a copy of the order shall be given to the person concerned before the inspection is carried out, except in exceptional cases with serious or risky crimes as above. The same applies to searches of premises or vehicles, and where the person who has access to the premises or vehicles to be searched is not available the copy is to be given to a relative, ~~neighbor~~, a building attendant, or someone substituting for them.~~lxviii~~ If the inspection or search objective is to obtain one or more specific items, the judicial authority may order that they be surrendered. Upon compliance, the search shall not take place unless it is considered useful to advance the investigation.		Formalities exist, in that a copy of the order shall be given to the person concerned before the inspection is carried out, except in exceptional cases with serious or risky crimes as above. The same applies to searches of premises or vehicles, and where the person who has access to the premises or vehicles to be searched is not available the copy is to be given to a relative, neighbour, a building attendant, or someone substituting for them. If the inspection or search objective is to obtain one or more specific items, the judicial authority may order that they be surrendered. Upon compliance, the search shall not take place unless it is considered useful to advance the investigation.

	Various rules apply to the search of specific premises.		Various rules apply to the search of specific premises.

	Search of homes – this may be ordered or authorized only by a judge. Alternatively, it may be ordered by the Ministry of the Public Prosecutor or police bodies which are concerned with criminal investigations in the event that a person is apprehended in the act of committing a crime or for the purpose of rendering assistance. It is not permissible to conduct a search of a home before 7 o’clock in the morning or after 8 o’clock in the evening.		''Search of homes'' – this may be ordered or authorized only by a judge. Alternatively, it may be ordered by the Ministry of the Public Prosecutor or police bodies which are concerned with criminal investigations in the event that a person is apprehended in the act of committing a crime or for the purpose of rendering assistance. It is not permissible to conduct a search of a home before 7 o’clock in the morning or after 8 o’clock in the evening.

	Search of professionals’ offices, including lawyers and physicians – the search of the offices of professionals who have a legal or statutory requirement of secrecy must be supervised by the judge in person, unless it be deemed invalid. Before the search is conducted, the judge shall also notify the president of the corresponding professional association (if applicable) so that he or his representative may be in attendance. For instance, in the case of a search of a government health facility, the notification shall be made to the director of the facility or his legal deputy.		''Search of professionals’ offices, including lawyers and physicians'' – the search of the offices of professionals who have a legal or statutory requirement of secrecy must be supervised by the judge in person, unless it be deemed invalid. Before the search is conducted, the judge shall also notify the president of the corresponding professional association (if applicable) so that he or his representative may be in attendance. For instance, in the case of a search of a government health facility, the notification shall be made to the director of the facility or his legal deputy.

	Search of media premises – must be supervised by the judge in person, unless it is deemed invalid. Shall ensure that the investigations and activities will have no impact on the free exercise of the profession of journalism and will not prevent or cause an unjustified delay in the dissemination of information.		''Search of media premises'' – must be supervised by the judge in person, unless it is deemed invalid. Shall ensure that the investigations and activities will have no impact on the free exercise of the profession of journalism and will not prevent or cause an unjustified delay in the dissemination of information.

	Search of university facilities – must be supervised by the judge in person, unless it is deemed invalid. The senior official of the facility in question or his representative must be in attendance.		''Search of university facilities'' – must be supervised by the judge in person, unless it is deemed invalid. The senior official of the facility in question or his representative must be in attendance.


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	The seizure shall take place with a judicial authority in attendance.		The seizure shall take place with a judicial authority in attendance.

	Police bodies concerned with criminal investigations may make seizures as a result of searches or inspections in accordance with the provisions of this Code or when there is urgency or when a delay in obtaining evidence poses a risk, and accordingly, such a seizure must be confirmed by the competent judicial authority within 48 hours, unless it be deemed invalid.~~lxxx~~ The person concerned shall be given a copy of the decision if he is present when the seizure takes place.		Police bodies concerned with criminal investigations may make seizures as a result of searches or inspections in accordance with the provisions of this Code or when there is urgency or when a delay in obtaining evidence poses a risk, and accordingly, such a seizure must be confirmed by the competent judicial authority within 48 hours, unless it be deemed invalid. The person concerned shall be given a copy of the decision if he is present when the seizure takes place.

	The items seized shall be kept together with the case records when this is possible or, when it is not possible, they shall be entrusted to the safekeeping of the court official assigned to the case or to a depositary, with full particulars being recorded in the case records.		The items seized shall be kept together with the case records when this is possible or, when it is not possible, they shall be entrusted to the safekeeping of the court official assigned to the case or to a depositary, with full particulars being recorded in the case records.

	Any seizure ~~authorized~~, ordered or confirmed by the Ministry of the Public Prosecutor may be challenged before the competent judge within a period of five days.A challenge shall be decided upon independently, and if the challenge is upheld, the seized items shall be		Any seizure authorised, ordered or confirmed by the Ministry of the Public Prosecutor may be challenged before the competent judge within a period of five days. A challenge shall be decided upon independently, and if the challenge is upheld, the seized items shall be returned.

	Correspondence, such as letters, parcels, postage stamps and related items, and telegrams, may only be seized if so authorized or ordered by a judicial decision and there are sound reasons to believe that:		Correspondence, such as letters, parcels, postage stamps and related items, and telegrams, may only be seized if so authorized or ordered by a judicial decision and there are sound reasons to believe that: