"The conclusion we reached, analyzing the facts, the law and the political context as they are at this very moment, (...) is that it is neither possible nor opportune to reach any agreement between the State and Isabel dos Santos", says the group academics from Cedesa, in an analysis to which Lusa had access.
Firstly, because in Angola there is no legal norm of general application that allows the State and a person targeted by judicial investigation to reach an agreement. "Even if that person returns any assets that he has illegitimately taken over," say the analysts.
And then, "because the agreement would be the death of the policy to fight corruption initiated by João Lourenço, consequently, eliminating the main objective of the presidential mandate", affirms Cedesa in the document.
Thus, "if the legal framework makes any agreement impossible, the structure of the anti-corruption policy is definitive in that impossibility", defends the group of academics.
For Cedesa, the anti-corruption policy has "credibility as its last foundation", because in addition to punishing eventual offenders, it intends to drastically reduce corrupt practices in Angola.
Thus, the population and the eventual corrupt must believe that the policy is serious, consistent and that it exists, that it is not "a mere propaganda banner".
"Without credibility, there is no policy against corruption. Without the existence of processes that have a beginning, a middle and an end and that everyone can see, there is no fight against corruption. Therefore, credibility and consistency are the key ideas of this fight. Isabel dos Santos is obviously the central symbol of this struggle ", they underline.
Cedesa recalls that Isabel dos Santos is not the only one to be involved in the fight against corruption, "neither far or near".
"From several senior officials in the provinces to the son-in-law and daughter of the first President of the Republic Agostinho Neto, to Manuel Vicente [former vice-president], who has already seen several assets seized in the course of investigations underway at the Attorney General's Office, there are many who are subject to asset seizures, inquiries and legal proceedings under the so-called fight against corruption ", the document says.
But they conclude that "it is evident" that the businesswoman, due to her public prominence and the amounts involved, "occupies a prominent place in the development of this" anti-corruption policy.
"And due to its central position in the grammar of the fight against corruption, and the legal impossibility of an agreement between Isabel dos Santos and the State, which we consider, that in the perspective of the Republic this agreement is also not politically acceptable", they reinforce.
For the group of academics, an agreement would always be made outside the law, because there is no legislation that allows a global agreement, "soon, without transparency", and, thus, one of the central pillars of the fight against corruption would cease to be. be within judicial concerns.
Thus, if it happens "it would lose all credibility to the anti-corruption process" and the population would understand this as a stop, a retreat in the fight. In addition, "the eventual corrupt future would understand that in the future it would be enough for them to hand over some of their earnings to be immune", they warn.
"Consequently, they would have to divert even more money to make up for any future losses" they add.
For this reason, Cedesa argues that "an eventual agreement with Isabel dos Santos is politically harmful to fight corruption, because it takes away its credibility and encourages greater and even more extensive corruption in the future".
The group of analysts also recalls that in addition to the lawsuits, there are eight investigations to be carried out in Portugal against businesswoman Isabel dos Santos, daughter of former president José Eduardo dos Santos.
"Therefore, an agreement would also have to involve the Portuguese judicial authorities", they emphasize.
Now, "Portuguese criminal law has a greater margin of possibility of agreement".
"The range of crimes in which the refund ends the process under certain conditions is greater and covers fraud, the typical financial crime, in addition to a legislative reform being announced in order to introduce the winning collaboration into the Portuguese judicial system", they consider.
Thus, on the one hand, it could even "be easier" to reach an agreement with reference to the processes underway in Portugal.
But, on the other hand, there is "another jurisdiction with autonomy and a will of its own to take into account", they remember.
"In order to face the legal challenges, it is difficult for Isabel dos Santos to have the capacity to settle the responsibilities that are required of her. It should be noted that in addition to these eventual responsibilities that are required of her, there are also commercial responsibilities vis-à-vis banks, suppliers, etc.", they defend in the analysis.
Cedesa is an entity dedicated to the study and investigation of political and economic issues in southern Africa, especially Angola, which was born out of an initiative of several academics and experts who met in the ARN (Angola Research Network).
