Cape Verde’s Constitution of 1980 with Amendments through 1992

Judicial Independence

 
Article 2. 1. The Republic of Cape Verde shall be organized as a democratic State based on principles of popular sovereignty, pluralism of expression, democratic political organization, and respect for fundamental rights and liberties. • Reference to fraternity/solidarity 2. The Republic of Cape Verde shall recognize and respect the organization of political power and the unitary nature of the State, the republican form of government, pluralistic democracy, the separation and interdependence of powers, the separation of Churches and the State, the independence of the Courts, the existence and autonomy of local authorities, and the democratic decentralization of Public Administration. Article 221. 1. Justice shall be administered in the name of the people by the Courts. 2. In the administration of Justice, Courts shall have the responsibility to settle public and private conflicts of interest, and to assure the defense of legally protected rights and interests of citizens. 3. Courts shall be independent and shall only be subject to law.
 

Judicial Council or Parallel Institution

 
Article 244. 1. Appointment of judges shall be regulated by special law. 2. Promotion, placement, and transfer of judges, and disciplinary action, shall be under the jurisdiction of the Superior Council of Magistrates as provided by law. Article 246. 1. The Superior Council of Magistrates shall consist of the following members: a. The President of the Supreme Court of Justice; b. The Superior Judicial Inspector; c. Two citizens appointed by the President of the Republic; d. Three citizens elected by the National Assembly; e. Two career judges elected by their peers.
 

Attorney General’s Office

 
Article 247. 1. The Public Prosecutor’s Office shall represent the State, defend democratic legitimacy, the rights of citizens, and the public interest as protected by the Constitution and by law, and shall exercise penal activity. 2. The Public Prosecutor’s Office shall have autonomous magistrates with their own status and shall exercise its duties by means of its own agencies, based on principles of unity of action and interdependence of all levels, and respecting the principles of impartiality and legality. 3. Agents of the Public Prosecutor’s Office shall be magistrates of various ranks, and they may not be transferred, suspended, dismissed, or retired except in cases provided by law.