Consolidation of Judicial Reform in Latin America: Fantasy or Reality?

Similar documents
Latin American Political Economy: The Justice System s Role in Democratic Consolidation and Economic Development

From Inquisitorial to Accusatory: Colombia and Guatemala's Legal Transition

Children on the Run: An Analysis of First-Hand Accounts from Children Fleeing Central America

A MEMORANDUM ON THE RULE OF LAW AND CRIMINAL VIOLENCE IN LATIN AMERICA. Hugo Frühling

A Standardized Victimization Survey Questionnaire. Salomé Flores May 2016

The Road Ahead. What should be done to improve capacity of developing countries to finance trade

BILATERAL AGREEMENTS ON LEGAL ASSISTANCE IN CRIMINAL MATTERS TO WHICH MEXICO IS SIGNATORY

COMPARATIVE LAW TABLES REGARDING CONSTITUTIONAL LAWS IN EUROPE AND LATIN AMERICA. EUROPE (Chronological Order)

EL SALVADOR Open Letter on the Anti-Maras Act

Examen Periódico Universal Colombia

Latin America Public Security Index 2013

EXECUTIVE SUMMARY OF THE 2014 ANNUAL REPORT OF THE OFFICE OF THE SPECIAL RAPPORTEUR FOR FREEDOM OF EXPRESSION OF THE IACHR

The Status of Democracy in Trinidad and Tobago: A citizens view. March 15 th, 2010 University of West Indies

Access to Information Program Access to Information and Transparency in the Judiciary

FORMS OF WELFARE IN LATIN AMERICA: A COMPARISON ON OIL PRODUCING COUNTRIES. Veronica Ronchi. June 15, 2015

Wage Inequality in Latin America: Understanding the Past to Prepare for the Future Julian Messina and Joana Silva

USAID Experiences with Community-Based Social Prevention Programs

AmericasBarometer Insights: 2010 (No. 37) * Trust in Elections

NINTH INTER-AMERICAN MEETING OF ELECTORAL MANAGEMENT BODIES CONCEPT PAPER

Special meeting of the Presiding Officers of the Regional Conference on Population and Development in Latin America and the Caribbean

UNODC BACKGROUND GUIDE: COCAINE TRAFFICKING IN CENTRAL AMERICA AND NARCO- TERRORISM PREVENTION JANE PARK HYUNWOO KIM SEJIN PARK

Internal Migration and Development in Latin America

SIXTH INTERNATIONAL CONGRESS OF PENAL LAW (Rome, 27 September 3 October 1953) 6

CONTRIBUTIONS FROM PERMANENT OBSERVERS IN 2011

REPORT OF THE INTERGOVERNMENTAL WORKING GROUP ON THE MULTILATERAL EVALUATION MECHANISM (MEM)

Can Presidential Popularity Decrease Public Perceptions of Political Corruption? The Case of Ecuador under Rafael Correa

Transitioning to the Accusatorial Model: Addressing Challenges for Legal Education and Training in Latin America

450 Million people 33 COUNTRIES HEALTH IN LATIN AMERICA. Regions: South America (12 Countries) Central America & Mexico Caribbean

Jose Garzon. jgarzon.

The Political Culture of Democracy in El Salvador and in the Americas, 2016/17: A Comparative Study of Democracy and Governance

THE AMERICAS. The countries of the Americas range from THE AMERICAS: QUICK FACTS

AG/RES (XXXI-O/01) MECHANISM FOR FOLLOW-UP OF IMPLEMENTATION OF THE INTER-AMERICAN CONVENTION AGAINST CORRUPTION

AN ACT. Be it enacted by the General Assembly of the State of Ohio:

Human Rights Watch Questions and Answers about Venezuela s Court- Packing Law

Concluding observations by the Human Rights Committee : Peru. 15/11/2000. CCPR/CO/70/PER. (Concluding Observations/Comments)

Behind the Refugee Crisis: Gangs in Central America

To: Colleagues From: Geoff Thale Re: International Assistance in Responding to Youth Gang Violence in Central America Date: September 30, 2005

FGV-OECD Workshop Rio de Janeiro, October, 6, 2008 Andre Hofman (ECLAC) Presentation and additional comments by Aloisio Campelo Jr.

TRANSNATIONAL CRIMINAL ORGANIZATIONS IN THE AMERICAS: RESPONDING TO THE GROWING THREAT

Online Appendix for Partisan Losers Effects: Perceptions of Electoral Integrity in Mexico


THE VOICE OF THE COMMUNITIES OF LATIN AMERICA AND THE CARIBBEAN

Testimony of Mr. Daniel W. Fisk Vice President for Policy and Strategic Planning International Republican Institute

The Inter-American Commission on Human Rights and Human Rights Defenders in Latin America

Better Governance to Fight Displacement by Gang Violence in the Central American Triangle

Americas. North America and the Caribbean Latin America

Superior Court of Washington For Pierce County

FIFTH MEETING OF MINISTERS OF JUSTICE OR OF MINISTERS OR ATTORNEYS GENERAL REMJA-V/doc.7/04 rev. 4 OF THE AMERICAS 30 April 2004

Annex III: Results table for 2011 reported through the

ITJPSL.COM PRESS RELEASE: Sri Lanka s Ambassador in Brazil flees as human rights groups file case accusing him of war crimes.

4.Hemispheric Security

Donor Countries Democracy. Date

Democracy's ten-year rut Oct 27th 2005 From The Economist print edition

List of issues in relation to the initial report of Sierra Leone (CCPR/C/SLE/1)*

ANNUAL REPORT ON THE PROFILE OF DEFENDANTS ASSISTED AT CUSTODY HEARINGS

Román D. Ortiz Coordinador Área de Estudios de Seguridad y Defensa Fundación Ideas para la Paz Bogotá, Abril 30, 2009

THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA

New Economical, Political and Social Trends in Latin America, and the Demands for Participation

Migrants and external voting

Countries at the Crossroads 2012 Methodology Questions

AmericasBarometer Insights: 2010 Number 48

The Merida Initiative and Central America: The Challenges of Containing Public Insecurity and Criminal violence

PROCEDURES FOR CORRUPTION AND MALFEASANCE CASES ACT, B.E (2016)

Washington, D.C. 8 June 1998 Original: Spanish FINAL REPORT

LEGAL RIGHTS - CRIMINAL - Presumption of Innocence

Board Nomination and Selection

Non-Tariff Measures to Trade Economic and Policy Issues for Developing countries.

Chapter 3 Institutions and Economic, Political, and Civil Liberty in Latin America

Economic and Social Council

ORDER OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS OF FEBRUARY 29, 2012 REQUEST FOR PROVISIONAL MEASURES. CASE OF DE LA CRUZ FLORES v.

Freedom in the Americas Today

Document references: Prior decisions - Special Rapporteur s rule 91 decision, dated 28 December 1992 (not issued in document form)

Judicial Reform in Latin America

epp european people s party

Did NAFTA Help Mexico? An Assessment After 20 Years February 2014

By Giovanni di Cola Officer in Charge, ILO Decent Work Team and Office for the Caribbean and

National Security Affairs Office Foreign Travel Files Vice President Quayle

CERTIFICATION PROCEEDING

WORLD RADIOLOGY DAY CELEBRATION 2013

Report of the Working Group on International Classifications (GTCI) of the Statistical Conference of the Americas

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

Congressional Testimony

Carolina Sánchez Páramo World Bank July 21, 2009

INTERNATIONAL MIGRATION IN THE AMERICAS

THE REPRESENTATION OF EAST ASIA IN LATIN AMERICAN LEGISLATURES HIROKAZU KIKUCHI (INSTITUTE OF DEVELOPMENT ECONOMIES)

AmericasBarometer Insights: 2010 (No.34) * Popular Support for Suppression of Minority Rights 1

80th OREGON LEGISLATIVE ASSEMBLY Regular Session. Senate Bill 966 SUMMARY

Concluding observations on the second periodic report of Cambodia*

Earned credit for productive program participation.

INTERNATIONAL CONVENTIONS

III. RELEVANCE OF GOALS, OBJECTIVES AND ACTIONS IN THE ICPD PROGRAMME OF ACTION FOR THE ACHIEVEMENT OF MDG GOALS IN LATIN AMERICA AND THE CARIBBEAN

THE LATIN AMERICAN REGION

Heartland Alliance International in Latin America and the Caribbean

Conference. Constitutional Aspects of Judicial Reform in Ukraine. March 24 and 25, 2011 Lviv, Ukraine CONCLUSIONS OF THE CONFERENCE

"Dynamics of voluntary homicide in Italy and criminal contexts transformation

33 C. General Conference 33rd session, Paris C/68 7 October 2005 Original: French. Item 5.31 of the agenda

RECOMMENDATION FOR DEPORTATION FOLLOWING A CRIMINAL CONVICTION

Prosecuting serious human rights violations in domestic courts

CURRICULUM VITAE Prof. Dr.h.c. RENE BLATTMANN. Date of birth: January, 28 th, 1948

Conference of the Parties to the United Nations Convention against Transnational Organized Crime

Transcription:

Consolidation of Judicial Reform in Latin America: Fantasy or Reality? Presentation by Diana Villiers Negroponte, the Brookings Institution, April 24, 2008

Context for study: globalization of criminal activity penetration of the hemisphere by drug cartels, criminal networks and the mara. Consequence: Homicide rates (per 100,000): In El Salvador - 37 in 03, 45 in 04, 56 in 05, 72 in 07 Guatemala - 32 in 03, 47 in 06, 59 in 07 U.S. on average 5.6 70% of deaths occurred with a deadly weapon, 800,000 firearms possessed illegally and 0.5 million legally held. Source: UN Office of Drug and Crime Statistics Level of Fear: Chile 2000 15% expressed high levels of fear rising to 19.5% in 07 Victim to robbery or intent to rob Source: Adimark: GfK private polling Negative impact on quality of life, investment, protection of property and legitimacy of the state

Alternative means to contain criminal activity Traditional response post crime: mano dura - use of military forces, pre-trail lengthy imprisonment Alternatives: Engage prior to crime with societal prevention programs Intervene with rehabilitation programs + societal prevention Commit to institutional reforms of the judiciary police reform, and Prison reform Recommend integrate societal prevention, intervention and institutional reforms.

Traditional inquisitorial system characterized by: Written arguments at all stages of the process Concentration of investigative and decision making procedures in the examining magistrate Secretiveness Absence of any means, throughout the criminal process, to assure that the person charged is not guilty Automatic conversion into proof of all information gathered in the t course of the indictment Minimal capacity to challenge probity of evidence, and Practice of provisional imprisonment during the investigative stages as a means to ensure that the criminal process achieves results. Underlying purpose is the identification of a culprit to satisfy the needs of the victim and the state. It is less important that the person charged be the guilty party. Source: Instancia Coordinadora para la modernizacion del Sector Justicia,, IADB, Sept 06

Fundamental challenges historical role of the judiciary systemic or structural forms of corruption judicial inefficiency political corruption, and criminal association with the cartels. 1. Cumulatively, the traditional process has undermined the legitimacy of judicial system 2. Judicial reforms not accompanied by cultural change among jurists and the public, and 3. National budgets remain inadequate.

Resulting public opinion of the Judiciary lack of independence, impartiality, transparency, public accountability. minimum access to justice, minimum likelihood of fair hearing, minimum protection of witnesses, and discrimination against women, youth and indigenous people. Sources: Latinobarometro,, World Bank s s Governance Indicator s, Freedom House, Transparency International, Due Process of Law Foundation, World Economic Forum s s Competitiveness Report, Index for Management & Development, Political & Economic Risk consultancy See DATAGOB: http://www.iadb.org/datagob Sources:

Constitutional Reforms Constitutional reforms regarding the penal code introduced in 1990s and influenced by Alberto Binder and Julio Maier. Entered into force in Colombia and Argentina (1992) Guatemala (1994) Costa Rica and El Salvador (1998) Venezuela (1999) Chile (2000) and Peru (2004) Mexico (2008).

Constitutional Changes to the Traditional Judiciary in LATAM Inquisitorial to accusatorial system oral argument Principle of innocent until proven guilty Opportunity to challenge the prosecutor in open court Public trials and public access to state charges and grounds for final decision Timeliness Limitation on pre-trial detention Balancing the rights of the victim and the accused Impartial judge with capacity to enter into a direct relationship p to prosecutor and attorney for the defense, and Alternative remedies.

Current Problems faced Traditional acquiescence to Presidential and judicial authority Culture of judicial exclusiveness and avoidance of public scrutiny Reduced protection of victim and the state Role of attorney general, prosecutor and police remain vague, sometimes undefined Inadequate budget Inadequately trained lawyers Role of the bar, or judicial council Concentration of judiciary in cities

Indicators to determine success in reforming judiciary Size of the budget for the judiciary Existence and independence of a judicial career Qualifications for admission to the judiciary Public trials, translation and interpretation Case load Internal or external audit, process for complaints Independence of bureaucracy Timeliness how long Geographical coverage within the nation Source: Indicadores judiciales para las Americas, Centro de Estudios de la Justicia de las Americas (CEJA)

Conclusion Prolonged process of adaptation Creation of trust in the judiciary is related to trust in the political process Civil society commitment to monitor and help overcome considerable obstacles To date, less than desirable impact on levels of criminality Indispensable engagement with other elements to protect citizen security U.S. role: enhance its support for civil society working on rule of law and citizen security.