Law of Evidence at Equatorial Guinea
Equatorial Guinea's legal framework governing the admissibility and handling of evidence in judicial proceedings is shaped by a combination of colonial-era statutes, customary practices, and modern legal reforms. However, significant gaps remain between the formal legal provisions and their practical implementation. ([PDF] ACCESS TO JUSTICE FOR CHILDREN: EQUATORIAL GUINEA)
Legal Framework and Sources of Law
Equatorial Guinea operates a mixed legal system influenced by Spanish civil law, customary law, and more recent legislative developments. The Criminal Procedure Law outlines the procedures for criminal cases, including aspects related to evidence. For instance, Article 15 of this law allows for passive personality jurisdiction, enabling the prosecution of offenses committed abroad against Equatorial Guinean nationals, provided the double criminality requirement is met . ([PDF] ACCESS TO JUSTICE FOR CHILDREN: EQUATORIAL GUINEA, Equatorial Guinea - ECPAT)
The Constitution of Equatorial Guinea establishes the judiciary's structure and functions. Article 89 mandates that judgments be public, though deliberations occur in camera, and Article 90 designates the Supreme Court of Justice as the highest judicial authority . ([PDF] Equatorial Guinea Constitution - ConstitutionNet)
Admissibility and Use of Evidence
In practice, the application of evidence laws in Equatorial Guinea has raised concerns. Reports indicate that courts have accepted confessions obtained under torture, even when such confessions constitute the sole evidence against defendants . This practice contravenes international human rights standards and undermines the integrity of the judicial process. ([PDF] Equatorial Guinea: Continued institutional and key human rights ...)
Furthermore, there are instances where defendants lack access to government-held evidence, impeding their ability to mount an effective defense . Such limitations on evidence access compromise the fairness and transparency of legal proceedings. ([PDF] Equatorial Guinea - State.gov)
Judicial Independence and Fair Trial Concerns
The judiciary in Equatorial Guinea faces challenges related to independence and impartiality. Judges and defense counsel are often appointed by military or political authorities and may lack adequate legal training . This situation raises questions about the courts' ability to adjudicate cases fairly and without undue influence. ([PDF] Equatorial Guinea - UPR info)
Moreover, the use of military courts to try civilians, despite legal provisions limiting their jurisdiction to strictly military matters, has been documented . Such practices further erode confidence in the legal system's adherence to the rule of law. ([PDF] Equatorial Guinea - UPR info)
Conclusion
While Equatorial Guinea's legal system encompasses formal provisions regarding evidence and judicial procedures, the implementation of these laws often falls short of international standards. The acceptance of coerced confessions, restricted access to evidence, and concerns over judicial independence highlight systemic issues that undermine the fairness and credibility of the legal process.
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