SOFA Agreement: Court declares US criminal jurisdiction unconstitutional over its military personnel

Praia, Jul 9 (Inforpress) – The Constitutional Court (TC) declared unconstitutional the article referring to US jurisdictional powers over its military personnel for crimes they may practice in Cabo Verde, under the SOFA agreement.

This decision, which is expressed in judgment 10/2020, published this Wednesday on the Constitutional Court website, on the Internet, follows the request for a successive abstract review of the constitutionality of some rules laid down in the agreement on the Status of Forces from the United States of America in Cabo Verde, requested by a group of 27 MPs from the African Party of Independence of Cabo Verde (PAICV – opposition party).

According to paragraph four of the TC judgment, the advisory judges declared, without reducing the text, the unconstitutionality of the second segment of number two of article 3rd of the agreement on the Status of Forces from the United States of America in Cabo Verde territory.

This article, as reported, allows the “exercise of typically jurisdictional powers over its personnel in Cabo Verdean territory for crimes committed during the stay of these forces in the archipelago”. In this sense, the TC understood that this article violates “the principle of national sovereignty, the principle of the typicality of sovereign bodies and judicial bodies”.

AM / HF / HVF

Inforpress

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