Editing Politics of Cape Verde (section)

==Courts and criminal law==
The judicial system is composed of the Supreme Court and the regional courts. Of the five Supreme Court judges, one is appointed by the President, one by the National Assembly, and three by the Superior Judiciary Council. This council consists of the President of the Supreme Court, the Attorney General, eight private citizens, two judges, two prosecutors, the senior legal inspector of the Attorney General's office, and a representative of the Ministry of Justice. Judges are independent and may not belong to a political party. In October 2000, a female judge who was known for taking strict legal measures in cases of domestic violence was transferred from the capital to the countryside. Separate courts hear civil, constitutional and criminal cases. Appeal is to the Supreme Court. Reforms to strengthen an overburdened judiciary were implemented in 1998. Free legal counsel is provided to indigents, defendants are presumed innocent until proven guilty, and trials are public. Judges must lay charges within 24 hours of arrests. The Constitution provides for an independent judiciary, and the government generally respects this provision in practice. The constitution provides for the right to a fair trial and due process, and an independent judiciary usually enforces this right. Unlike in the previous year, there were no reports of politicization and biased judgement in the judiciary. Cases involving former public office holders still are under investigation. For example, investigations continued in the case of the former prime minister accused of embezzlement in the privatization of ENACOL (a parastatal oil supply firm) in which he allegedly embezzled approximately $16,250 (2 million Cape Verdean escudos) from the buyers of the parastatal. The case of four persons accused of church desecration in 1996 also was under investigation. These individuals filed a complaint with the Attorney General against the judiciary police for alleged fabrication of evidence.<ref name=":0">{{Cite web|url=http://www-rohan.sdsu.edu/faculty/rwinslow/africa/cape_verde.html |title=Cape Verde |archive-url=https://web.archive.org/web/20041224182853/http://www-rohan.sdsu.edu/faculty/rwinslow/africa/cape_verde.html |archive-date=24 Dec 2004}}</ref>

The constitution provides for the right to a fair trial. Defendants are presumed to be innocent; they have the right to a public, non-jury trial; to counsel; to present witnesses; and to appeal verdicts. Regional courts adjudicate minor disputes on the local level in rural areas. The Ministry of Justice does not have judicial powers; such powers lie with the courts.<ref name=":0" />

The judiciary generally provides due process rights; however, the right to an expeditious trial is constrained by a seriously overburdened and understaffed judicial system. A backlog of cases routinely leads to trial delays of 6 months or more; more than 10,780 cases were pending at year's end. In addition the right of victims to compensation and recovery for pain and mental suffering are overlooked, due both to the low damage assessments imposed and ineffective enforcement of court sentences.