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2008 Assessment

Angola: Integrity Indicators Scorecard

Angola : Integrity Scorecard Report > Sub-Category: Rule of Law
Indicators		Score
77	Is there an appeals mechanism for challenging criminal judgments?	50
78	Do judgments in the criminal system follow written law?	50
79	Are judicial decisions enforced by the state?	25
80	Is the judiciary able to act independently?	81
81	Are judges safe when adjudicating corruption cases?	100
82	Do citizens have equal access to the justice system?	50

Indicator and sub-Indicator Details

Is there an appeals mechanism for challenging criminal judgments?

77a: In law, there is a general right of appeal.

Score:

YES

Comments:

References: Lei Constitucional (The Constitution of Angola) Art.º 41.º Portuguese: [ LINK ].

English: [ LINK ].

77b: In practice, appeals are resolved within a reasonable time period.

Score:

100

Comments: The judicial system in Angola suffers from lack of capacity (few judges and many cases) and the citizenry also generally lack knowledge of their rights. Only 23 of 168 municipal courts are operational. This means that a large part of the population has no access to the legal system, which has a significant backlog of cases. The vast majority of disputes are resolved outside the formal court system.

References: Bertelsmann Stiftung (2007) BTI 2008, Angola Country Report, Gütersloh: Bertelsmann Stiftung, page 10-11 [ LINK ].

Skaar & Serra Van Dunem (2006): Courts under Construction in Angola: What can They do for the poor? ([ LINK ]). João Damião, practicing lawyer, Luanda, Nov. 12, 2008, Luanda.

77c: In practice, citizens can use the appeals mechanism at a reasonable cost.

Score:

100

Comments: Despite the constitutional guarantee that costs should not be a barrier to justice and the fact that free legal aid is available (within the limitations set by geography and the limited numbers of lawyers), it costs money to bring a case to court in Angola (Skaar & Serra Van Dunem state that divorce can cost up to US$5,000, making it unaffordable to the vast majority of even middle class citizens).

Appeals are particularly costly as many cases end up in the supreme court (as a consequence of the limited number of courts and the people's distrust of them). A "judicial tax" of 10 percent applies in those cases that are appealed to the supreme court, a cost that severely restricts access to justice for middle class and poor citizens.

References: Skaar & Serra Van Dunem (2006): Courts Under Construction in Angola: What Can They Do for the Poor? ([ LINK ]). João Damião, practicing lawyer, Luanda, Nov. 12, 2008, Luanda.

Do judgments in the criminal system follow written law?

78: In practice, do judgments in the criminal system follow written law?

Score:

100

Comments: In addition to the flaws related to lack of capacity and poorly trained judges, there are also reports of widespread corruption in the judiciary, combined with tight political control. Some judges (perhaps especially in low-level, non-politicized cases) make some efforts to follow protocol. In a particular case that was investigated as part of this research, a municipal court judge ruled against the police in a case of illegal detention that was related to a land dispute.

References: Bertelsmann Stiftung (2007) BTI 2008 Angola Country Report. Gütersloh: Bertelsmann Stiftung, [ LINK ].

Skaar & Serra Van Dunem (2006): Courts Under Construction in Angola: What Can They Do for the Poor? ([ LINK ]). Andre Quitari, student, Agostino Neto University, Nov. 12, 2008, Luanda.

Are judicial decisions enforced by the state?

79: In practice, are judicial decisions enforced by the state?

Score:

100

Comments: Judiciary is strongly influenced by the executive.The interviewee estimated that only 70 percent of all rulings are enforced by the state.

References: Bertelsmann Stiftung (2007) BTI 2008, Angola Country Report. Gütersloh: Bertelsmann Stiftung, page 10-11 [ LINK ].

Skaar & Serra Van Dunem (2006): Courts under Construction in Angola: What Can They Do for the Poor? ([ LINK ]). João Damião, practicing lawyer, Luanda, Nov.12, 2008, Luanda.

Is the judiciary able to act independently?

80a: In law, the independence of the judiciary is guaranteed.

Score:

YES

Comments:

References: Lei Constitucional (Constitutional law) N.º 3 do Art.º 120.º

80b: In practice, national-level judges are protected from political interference.

Score:

100

Comments: The judiciary is weak and highly politicized.

References: World Bank: Doing Business 2009 ([ LINK ]). Bertelsmann foundation 2008 Angola Country report ([ LINK ]).

80c: In law, there is a transparent and objective system for distributing cases to national-level judges.

Score:

YES

Comments: The distribution is done by lottery where numerated cases are put in one bowl and while another bowl is filled with the names of individual judges. The process is overseen by the president judge of the province in question and performed two times per week.

References: Código de Processo Civil (Civli code) Art.º 209.º and º 216.º

80d: In law, national-level judges are protected from removal without relevant justification.

Score:

YES

Comments:

References: Lei Constitucional (Constitutional law) Art.º 128.º

Are judges safe when adjudicating corruption cases?

81a: In practice, in the last year, no judges have been physically harmed because of adjudicating corruption cases.

Score:

YES

Comments:

References: No documented cases reported.

81b: In practice, in the last year, no judges have been killed because of adjudicating corruption cases.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of judges being killed related to their involvement in a corruption case during the study period. YES is a positive score. NO: A NO score is earned if there were any documented cases where a judge was killed because of his/her participation in a corruption trial. The relationship between a mysterious death and a judge\'s involvement in a case may not be clear, however the burden of proof here is low. If it is a reasonable assumption that a judge was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: No documented cases reported.

Do citizens have equal access to the justice system?

82a: In practice, judicial decisions are not affected by racial or ethnic bias.

Score:

100

Comments: Ethnicity is not perceived as a significant problem in Angola -- and particularly not in Luanda where large groups from different ethnic groups live together as a result of their displacement during the war. However, it cannot be denied that there are cases of discrimination in the provinces.

References: João Damião, Practicing Lawyer, Nov. 12, 2008, Luanda.

82b: In practice, women have full access to the judicial system.

Score:

100

Comments: Outside the issues associated with the huge socio-economic gender biases in Angola and focusing exclusively on how they are treated at the courts, women are not treated differently.

References: João Damião, practicing lawyer, Nov. 12, 2008, Luanda.

82c: In law, the state provides legal counsel for defendants in criminal cases who cannot afford it.

Score:

YES

Comments: The state-appointed legal service in Angola is handled by the Bar Association of Lawyers (Ordem dos Advogados). When the Bar Association receives a request by an interested party, including a statement from the municipal authorities that confirms that the individual cannot afford to pay for legal services (atestado de pobreza), the Bar association assigns a lawyer to join the process. The lawyer is subsequently paid a fee (through the Bar Association) by the State upon submitting documentation that he has indeed worked on the case.

References: Lei Constitucional (Constitutional law) Art.º 36.º

82d: In practice, the state provides adequate legal counsel for defendants in criminal cases who cannot afford it.

Score:

100

Comments: Only in Luanda and with exceptions. Applicants need to show that they lack sufficient resources to pay for legal aid.

References: The U.S. Department of State, Bureau on Democracy, Human Rights and Labor (2008): Country Report on Human Rights Practices 2007, [ LINK ].

João Damião, practicing lawyer, Nov. 12, 2008, Luanda.

82e: In practice, citizens earning the median yearly income can afford to bring a legal suit.

Score:

100

Comments: The legal fees of a lawyer varies from case to case based on the level of complexity of the case and other issues. The fees can easily exceed US$500. Sometimes, lawyers lower their fees or work pro bono. There are also legal fees to be paid to the court. This means that, in most cases, the costs will be prohibitive.

References: Skaar & Serra Van Dunem (2006): Courts Under Construction in Angola: What Can They Do for the Poor? ([ LINK ]). João Damião, practicing lawyer, Nov. 12, 2008, Luanda.

82f: In practice, a typical small retail business can afford to bring a legal suit.

Score:

100

References: João Damião, practicing lawyer, Nov. 12, 2008, Luanda.

82g: In practice, all citizens have access to a court of law, regardless of geographic location.

Score:

100

Comments: Courts are unavailable in most of the country. In the provinces there is often only one judge for the entire province.

References: João Damião, practicing lawyer, Nov. 12, 2008, Luanda. Skaar & Serra Van Dunem (2006): Courts under Construction in Angola: What Can They Do for the Poor? [ LINK ].