NewsWhore
12-04-2008, 05:10 PM
The executive director of the foundation for Institutionalism and Justice (Finjus), said that this group has never agreed with the idea that prosecutor's offices should operate in police stations, due to the negative consequences that derive from this relationship.
According to Servio Tulio Castanos Guzman, "We cannot be in agreement because, historically, the police do not like to be controlled, but the Ministry of Justice doesn't like to be controlled either."
In order to avoid confrontations that do not contribute to the strengthening of the institution or the clarification of some investigative process, Castanos proposes that the Judicial Police go to the prosecutors and that complaints that are under the jurisdiction of the Judicial System should not be heard in any police station. Nonetheless, Guzman approves of the way in which prosecutors and the police have begun to separate their specific functions over the last few years, without much interference that could affect their relationship.
All this has emerged as a result of stipulations in the Statute of the Judicial Department and the Penal Process Code that gives the former the responsibility to direct the investigation into a crime.
Castanos reminded reporters from El Caribe that due to the clashes between the two bodies, many cases have been thrown out. In spite of improvements, Castanos said that there were still many police stations where the commanders still do not understand the importance of the procedures. Castanos gave the example of a case of a flagrant crime being committed requiring immediate police action, and wherein no representatives of the justice Department can act under any circumstance.
He went on to say that during the interrogation phase, the police have to assist the prosecutors who are directing the investigations. He said "The police cannot continue to excuse themselves in a case of flagrant crime because a law does not allow it, because this is not true. They have six hours to act. But they can never conduct an interrogation without the presence of a member of the Judicial Department present."
More... (http://www.dr1.com/index.html#8)
According to Servio Tulio Castanos Guzman, "We cannot be in agreement because, historically, the police do not like to be controlled, but the Ministry of Justice doesn't like to be controlled either."
In order to avoid confrontations that do not contribute to the strengthening of the institution or the clarification of some investigative process, Castanos proposes that the Judicial Police go to the prosecutors and that complaints that are under the jurisdiction of the Judicial System should not be heard in any police station. Nonetheless, Guzman approves of the way in which prosecutors and the police have begun to separate their specific functions over the last few years, without much interference that could affect their relationship.
All this has emerged as a result of stipulations in the Statute of the Judicial Department and the Penal Process Code that gives the former the responsibility to direct the investigation into a crime.
Castanos reminded reporters from El Caribe that due to the clashes between the two bodies, many cases have been thrown out. In spite of improvements, Castanos said that there were still many police stations where the commanders still do not understand the importance of the procedures. Castanos gave the example of a case of a flagrant crime being committed requiring immediate police action, and wherein no representatives of the justice Department can act under any circumstance.
He went on to say that during the interrogation phase, the police have to assist the prosecutors who are directing the investigations. He said "The police cannot continue to excuse themselves in a case of flagrant crime because a law does not allow it, because this is not true. They have six hours to act. But they can never conduct an interrogation without the presence of a member of the Judicial Department present."
More... (http://www.dr1.com/index.html#8)