Luanda - The start of duties of more than 160 guarantees judges, as of Tuesday, in the country, represents a significant advance in the process of consolidation of the Rule of Law in Angola, according to spokesman for the Superior Council of the Judiciary (CSMJ), Correia Bartolomeu.
In an interview with ANGOP, Correia Bartolomeu declared that the role of the guarantee judges will be, essentially, to safeguard the respect and protection of fundamental rights of defendants during the preparatory instruction phase.
He also stressed that Guarantees Judge will allow that typical functions of a jurisdictional nature, which were performed by prosecutors, will be carried out by career judicial magistrates, in a neutral way, intervening whenever fundamental rights such as freedom, free movement are at stake.
The member of the CSMJ stated that the judge’s work in the preparatory instruction process is aimed at supervising the acts of the Public Prosecutor's Office and carrying out acts within its exclusive competence, such as ordering pre-trial arrest, pre-trial house arrest or even prohibiting the defendants from leaving the country.
These are serious measures that, under the terms of the law, should only be decreed by a guarantees judge, but that until now were decided by prosecutors, he said.
Correia Bartolomeu said that the bodies that intervene in justice must be endowed with competences and powers to fairly, impartially and independently assess issues related to fundamental rights.
He recalled that, until then, the only body that dealt with cases in the preparatory instruction phase was the prosecutor, as the entity that directs the procedural instruction, holder of the criminal action, assisted by the police bodies.
He referred that from May 2, 2023, human rights will deserve stronger protection, which has long been acclaimed by citizens.
He stated that the guarantees judge ensures greater predictability and confidence in the judicial system, including foreign investors who come to believe in the existence of strong institutions, with guarantees of credible judicial assistance.
He underlined that the more than 160 guarantees judges, with several years of experience, will cover the 62 District Courts, established by the judicial map of Angola, some of which cover three or four municipalities, depending on the geographical proximity and strategic location of the locality.
He explained that the Constitution of the Republic establishes, in terms of organization, a common jurisdiction headed by the Supreme Court and which integrates the Courts of Appeal and District Courts. The Court of Appeal, in addition to appraising appeals against decisions taken at first instance, also has powers to judge at first instance to challenge administrative acts of a given public entity.
