Attacks on Justice 2005: Trinidad and Tobago

Jul 11, 2008

Judicial independence is entrenched in the Constitution, and safeguarded in law and in practice.

Attacks on Justice 2005: Brazil

Jul 11, 2008

The judiciary is inefficient, subject to executive influence, especially in the Supreme Court where judges are appointed by the executive, and corrupt, particularly at state level.

Courts are slow and the absence of disciplinary mechanisms has rendered the judiciary unaccountable. There is a shortage of judges coupled with insufficient resources, resulting in a mounting backlog of cases and trial delays. To tackle these problems, the government embarked on a program of judicial reform, including the introduction of constitutional amendments in December 2004 establishing the principle of binding precedent with regard to high court decisions in order to increase the efficiency of lower courts and the establishment of a National Council of Justice to deal with complaints against judges.

The law remains unclear as to whether it is the police or prosecutors who have the prerogative to initiate criminal investigations – a legal vacuum that has yet to be addressed in the constitutional reform process. The constitutionality of criminal investigations initiated by the Public Prosecutor’s Office is currently being tested by the Federal Supreme Court.

The UN Special Rapporteur on the Independence of Judges and Lawyers noted in November 2004 that there is a tendency to nepotism in the appointment of ancillary judicial staff and judicial exams are not always conducted transparently.

Judges and lawyers continue to suffer attacks. While the judicial reform initiative has recognized the functional and administrative autonomy of the Office of the Public Defender for the Federal District and Territories, no provisions have been adopted to ensure the independence of the federal and state offices. Access to justice continues to be discriminatory.

Brazil-Attacks on Justice 2005-Publications-2008 (full text, PDF)

Attacks on Justice 2005: Peru

Jul 11, 2008

The transition towards democracy has been a difficult process but, despite the difficulties, there have been some efforts to improve the judiciary as well as human rights protection.

Attacks on Justice 2005: Argentina

Jul 11, 2008

In Argentina, the Constitution grants the President broad powers with regard to the appointment of judges to the Supreme Court of Justice and federal courts.

For many years, the judiciary has been regarded as subordinate to the executive. At provincial level, complaints of executive interference in the judiciary are also frequent. Recent judicial reforms adopted mainly during 2003 as a result of two presidential decrees, and new legislation adopted in some provinces in response to a general lack of confidence in the justice system, have ensured that there is greater consultation and outside scrutiny with regard to appointments to the Supreme Court and the prosecution service.

Some provinces have adopted similar reforms ensuring that there is a degree of scrutiny in the appointment of judges. Also during 2003, impeachment proceedings initiated by Congress resulted in the removal or resignation of four Supreme Court justices who were generally perceived as being subordinate to the government of former President Carlos Menem (1989-1999).

During 2004, concern about increasing crime rates and lack of security has become one of the most debated judicial reform issues. On 14 June 2005, the notorious amnesty laws (the Full Stop and Due Obedience Laws) were declared unconstitutional and null and void by the Supreme Court of Argentina. This ruling should pave the way for the prosecution of perpetrators of serious human rights violations during the military dictatorship (1976-1983).

Argentina-Attacks on Justice 2005-Publications-2008 (full text, PDF)

Attacks on Justice 2005: Jamaica

Jul 11, 2008

Although an independent judiciary largely functions in practice in Jamaica, it operates within an overburdened system with inadequate resources.

The government has launched a three-year reform plan to modernize and improve the court system and the effectiveness of the judiciary. Legislation was enacted in 2004 to abolish appeals to the Judicial Committee of the Privy Council and make the Caribbean Court of Justice Jamaica’s highest appellate authority.

The Privy Council declared this legislation unconstitutional in February 2005 on procedural grounds. New legislation was under discussion as of April 2005.

In March 2004, the Social Conflict and Legal Reform, a five-year-long initiative to foster mediation and alternative dispute resolution methods at both the institutional and community levels, came to an end. It succeeded in establishing mediation centres in several deprived areas.

Budgetary and political constraints have severely undermined the effectiveness and impartiality of the Police Public Complaints Authority (PPCA) in investigating alleged abuses by state security forces.

Jamaica-Attacks on Justice 2005-Publications-2008 (full text, PDF)