São Tomé and Príncipe

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Background

São Tomé and Príncipe is a small island nation located in the Gulf of Guinea, off the western coast of Central Africa. It gained independence from Portugal on July 12, 1975, and is Africa’s second-smallest country by both area and population. Its capital, São Tomé, is situated on the main island of the same name, which, along with Príncipe, constitutes the archipelago.

The country has a population of approximately 223,000 people (2023 estimate), with most inhabitants being of African descent, descended from various ethnic groups including the Forros, Angolares, and descendants of freed slaves. Portuguese is the official language, and most people speak Forro (a creole dialect) as a lingua franca.

São Tomé and Príncipe has a mixed economy, heavily reliant on agriculture (notably cocoa production) and increasingly on tourism. Political stability has improved significantly in recent decades, but the country still faces economic challenges, including poverty and reliance on external aid.

The Legal system

São Tomé and Príncipe has a civil law system, rooted in Portuguese legal traditions. The country's legal framework is based on the 1975 Constitution, last amended in 2003, which establishes a multi-party democratic system with three branches of government:

1. Executive: Led by the President and the Prime Minister.
2. Legislative: A unicameral National Assembly.
3. Judiciary: Includes the Supreme Court of Justice, regional courts, and specialized courts.
   
   The judiciary operates independently and has jurisdiction over constitutional matters, criminal justice, and civil disputes.

Source of Defendants Rights

National Sources of Defendant’s rights:

International Sources of defendant’s rights:

Rights of the Accused

Right Against Unlawful Arrests, Searches and Seizures:

Right Against Unlawful Detention:

Right Not to be Tortured or Ill-Treated:

Right to Medical Care:

Right to be Informed of Charges:

Right to Presumption of Innocence:

Right Against Self-Incrimination:

Right to Counsel and Effective Assistance:

Right to Due Process:

Right to Equal Protection of the Laws:

Right to Bail:

Right Against Ex Post Facto Prosecution:

Right Against Double Jeopardy:

Right to a Fair Trial:

• Generally:
• Right to a Trial by Jury:
• Right to a Speedy Trial:
• Right to an Impartial Judge:
• Right to Language Interpretation:
  
  
• Right to Habeas Corpus:
  
  
• Capital Punishment:
  
  
• Right to Appeal:
  
  

  Rights of Counsel

  
  

  Means of Protecting and Enforcing Rights

  Exclusionary Rule:

  
  Nullity of Procedure:

  
  

  
  
  Civil Actions:
  

  
  
  

  Pre-Trial Procedure

  Police procedures

• Arrest, Search and Seizure Laws:
• Interrogation:
  
  

  Court Procedures

• Pre-Trial:
  
  
  
• Sentencing:
  
  
• Appeals:
  
  

  Rights in Prison

• Right to Humane Conditions of Confinement:
  
  
• Right to Medical Care in Prison:
  
  
• Right to Mental Health Care:
  
  
• Restriction of rights:
  
• Rights of Special Populations:
  • Women:
  • Juveniles:

  Resources