Ver Angola

Defense

Superior Council of the Judiciary comes out in defense of Angolan judge

The Superior Council of the Judiciary (CSMJ) held that the judge prevented from returning to his professional domicile for alleged violation of the health fence imposed on Luanda by covid-19 has constitutional support.

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At issue is the announcement made by the police last Thursday of the detention of a judge in the province of Luanda, when he intended to return to Namibe, his area of professional jurisdiction.

In a clarification note, to which Lusa Agency had access this Tuesday, the CSMJ said it was with concern, that he learned of it through the media.

After hearing the magistrate concerned, the CSMJ stresses that, while waiting for the necessary meeting of that body, "to analyze what was reported in plenary, notes beforehand that "when intending to travel to the province of Namibe, [the judge] did nothing but fully comply with the determinations of the Constitution of the Republic.

The document reinforces that the judge also complied with the "Presidential Decree No. 120/20 of 24 April extending the state of emergency, as well as the resolutions of the Superior Council of the Judiciary of 16 April and 25 March 2020".

According to the document, the Constitution of the Republic is explicit in stating that "in no case can the state of emergency affect the rights and immunities of members of the sovereign bodies".

With regard to the Presidential Decree, the note stresses that the movement of the judge is authorized, considering that the ban on movement is exempt from the provision of services authorized to operate and the exercise of employment activities for citizens with employment ties with institutions in operation during the period of the state of emergency.

"On the other hand, the Resolutions of the Superior Council of the Judiciary, of 16 April and 25 March 2020, published following compliance with the measures imposed by the declaration of the state of emergency, recommend the swift, punctual, rigorous action of magistrates, in order to preserve the human dignity of the accused detained and imprisoned on remand", the note stresses.

In conclusion, the CSMJ highlights that the magistrate in question is placed in the 2nd section of the common crimes room of the District of Moçâmedes and his return to his professional domicile "represents nothing more than compliance with what the law provides and authorizes.

"However, the steps taken in this direction lead to informing all judicial magistrates that the judge in question will soon arrive at his professional domicile", indicates the document.

In addition to the CSMJ, the Association of Judges of Angola and the National Union of Magistrates of the Public Prosecutor's Office also expressed their solidarity with the judge, with notes of repudiation on the magistrate's presentation.

Angola currently has 35 positive cases of covid-19, 11 of which have been recovered and two deaths, and is at this stage fulfilling the third period of the State of Emergency, initially declared on 27 March.

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