Justice sector in Latin America: Where does it stand? Alejandro Ponce The World Justice Project

1. 1 Justice sector in Latin America: Where does it stand? Alejandro Ponce The World Justice Project May 2012

2. This presentation • Comparative analysis of current performance of justice institutions in Latin America

3. Framework • Political dimension • Oversight of government branches and making accountable government officials • Social and economic dimension • Citizen security (criminal justice system) • Deterrence and redress, while ensuring that fundamental rights are protected • Dispute resolution (civil justice system) • Obtain remedies in conformity with fundamental rights (access, efficiency, and fairness)

4. Framework • Political dimension • Social and economic dimension

5. Oversight function SF 1.3 Government powers are effectively limited by the judiciary Source: WJP Rule of Law Index 2011

6. Oversight function SF 1.3 Government powers are effectively limited by the judiciary Source: WJP Rule of Law Index 2011

7. Impunity SF 1.5 Government officials are sanctioned for misconduct Source: WJP Rule of Law Index 2011

8. Please assume that a high-ranking government officer is taking government money for personal benefit. Please also assume that one of his employees witnesses this conduct, reports it to the relevant authority, and provides sufficient evidence to prove it. Please assume that the press obtains the information and publishes the story. Which one of the following outcomes is most likely? • The accusation is completely ignored by the authorities (0.0) • An investigation is opened, but it never reaches any conclusions (0.5) • The officer is prosecuted and punished (through fines or time in prison) (1.0)

9. Ciudad de México (27 febrero 2011).- De mil 779 personas denunciadas penalmente por la Secretaría de la Función Pública (SFP) por delitos asociados a corrupción, únicamente una ha sido consignada y quedó libre bajo fianza.Y es que la Ley de Servidores Públicos vigente no considera como delito grave el desvío, la malversación, el peculado ni ningún otro de los más de 300 que sanciona, y eso impide que los funcionarios que los cometen sean encarcelados.

10. Framework • Political dimension • Social and economic dimension • Citizen security (criminal justice system)

12. Burglary rates Source: WJP Rule of Law Index 2011

13. Business costs of crime and violence Source: WEF Global Competitiveness Report 2011-2012

14. Conviction Rates (burglary) Source: WJP Rule of Law Index 2011

15. Mob justice Assume that a criminal is apprehended by your neighbors after committing a serious crime. Which of the following two situations is more likely to happen? - The criminal gets beaten by the neighbors - The criminal is turned over to the authorities without harm Source: WJP Rule of Law Index 2011

16. Comparative analysis of the criminal justice system • Crimes are effectively investigated. • Crimes are effectively and timely adjudicated. • The correctional system is effective in reducing criminal behavior. • The criminal justice system is impartial. • The criminal justice system is free of corruption. • The criminal justice system is free of improper government influence. • The criminal justice system accords the accused due process of law.

17. Effective criminal justice system Source: WJP Rule of Law Index 2011

18. Criminal justice system

19. Comparative analysis of the civil justice system • People are aware of available remedies. • People can access and afford legal advice and representation. • People can access and afford civil courts. • Civil justice is free of discrimination. • Civil justice is free of corruption. • Civil justice is free of improper government influence. • Civil justice is not subject to unreasonable delays. • Civil justice is effectively enforced.

20. Framework • Political dimension • Social and economic dimension • Citizen security (criminal justice system) • Dispute resolution (civil justice system)

21. Civil dispute • During the past three years, have you or someone in your household had a conflict with someone who refused to fulfill a contract or pay a debt? • Which one of the following mechanisms was used to solve the conflict? Source: WJP Rule of Law Index 2011

22. Civil disputes

23. Civil disputes

24. Civil disputes

25. Access to civil justice Source: WJP Rule of Law Index 2011

26. Access to civil justice Source: WJP Rule of Law Index 2011

27. Access to justice

28. Summary (1) • Substantial variation in the performance of the justice sector in the region • There is important variation in the oversight function, with some countries enjoying a fair system of checks and balances; however the perception of impunity among government officials who break the law remains widespread

29. Summary (2) • The judicial sector struggles to provide protection from crime or to punish perpetrators of abuses. Nowadays, Latin American countries show the highest crime rates in the world and the criminal justice systems rank among the worst in the world. • The performance of civil justice system is mixed, although generally inaccessible for disadvantaged groups

30. 30 Thank you Alejandro Ponce The World Justice Project poncea@wjpnet.org www.worldjusticeproject.org