Impunity levels in the world. Global Impunity Index 2020 (GII-2020)

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Impunity levels in the world. Global Impunity Index 2020 (GII-2020). D.R. © 2020 Fundación Universidad de las Américas, Puebla. Ex Hacienda de Santa Catarina Mártir, C. P. 72810, San Andrés Cholula, Puebla, México. Phone: +52 (222) 229 21 09 editorial.udlap@udlap.mx www.udlap.mx Publication and databases available at: www.udlap.mx/cesij First edition: October 2020. ISBN: 978-607-8674-28-2 Coordinators: Juan Antonio Le Clercq Ortega Gerardo Rodríguez Sánchez Lara Spanish-English Translation: Ximena Suárez Enríquez (translator), María del Carmen Hernández Guzmán (sworn translator), Erick Antonio Sarmiento Marabotto (sworn translator) This document may not be reproduced, in whole or in part, by any means, without the express consent from the copyright’s owners. The content, style and opinions expressed herein are the responsibility of the authors and do not necessarily reflect the UDLAP’s opinion. Electronic version made in Mexico.


global impunity index 2020 (GII-2020) Impunity Levels in the World


DIRECTORIO Luis Ernesto Derbez Bautista, PhD President University of the Americas Puebla Andrea Ambrogi Domínguez Chairperson Honorary Board of the Center for Studies on Impunity and Justice Cecilia Anaya Berríos, PhD Academic Vice President Mónica Ruiz Huerta, MA Administrative Vice President María del Carmen Palafox Ramos, MA Student’s Affairs Vice President Mario Vallejo Pérez Financial and Institutional Development Vice President Raphael Steger Cataño, H.E. Amb Dean of the School of Social Sciences Mayra Ortiz Prida, MA General director of the President’s Office Mónica Núñez Huerta, MA Finances General Director Mtra. Lorena Martínez Gómez Planning and Evaluation General Director

Research Team Juan Antonio Le Clercq Ortega, PhD Head of the International Relations and Political Science Department Coordinator General of the Center for Studies on Impunity and Justice University of the Americas Puebla Gerardo Rodríguez Sánchez Lara, MPP Academic Coordinator of the Center for Studies on Impunity and Justice University of the Americas Puebla

Azucena Cháidez Montenegro, MA Research coordinator of the Global Impunity Index Edgar Valle Álvarez, MA Research coordinator of the Global Impunity Index International Academic Council Sonia Alda Mejías, PhD (Elcano Royal Institute); Ariel Ávila, MA (Fundación PARES); Mohamed Badine ElYattioui, PhD (UDLAP); John Bailey, PhD (Georgetown University); Claudia Barona Castañeda, PhD (UDLAP); Carlos Barrachina, MA (Universidad Anáhuac); Raúl Benítez Manaut , PhD (CISAN-UNAM); Celeste Cedillo, PhD (UDLAP); Israel Cedillo, MA (UDLAP); Jorge Chabat, PhD (CIDE); David Cingranelli, PhD (Binghamton University); Elisa Gómez Sánchez, MA (Friedrich Ebert Stiftung); Carlos E. Juárez, PhD (UDLAP); Simone Lucatello, PhD (Mora Institute); Hans Mathieu, MA (Friedrich Ebert Stiftung); Irene Muñoz Trujillo, MA (Eje Central Editorial Council); Fabiola Navarro Luna, PhD (UNAM); Volga de Pina Ravest, MA (IMDHD); Fausto Quintana, PhD (FCPS-UNAM); Marcia Rodríguez, PhD (Colombia); José Roldán Xopa, PhD (CIDE); Vidal Romero, PhD (ITAM); Carolina Sampó, PhD (Universidad Nacional de La Plata); Dr. Samuel Stone Canales, PhD (UDLAP); Marcela Szymanski, PhD; and Luis Daniel Vázquez Valencia, PhD (UNAM). Quantitative Research Team, Global Impunity Index Julio César Martínez Sánchez, Sandra Rosalía Ruiz de los Santos, Mayra Andrea Benítez Rivero, Emiliano Irena Hernández, Eduardo Patricio Saavedra and Abraham Maldonado Jaramillo Honors Program Students and Scholars from the International Relations and Political Science Department University of the Americas Puebla María Teresa Angulo Guillermo, Ivana Del Río Benítez Landa, Itziar Berganza Orozco, Jacqueline Castellanos Castellanos, Jorge Cruz Avalos, Dora Oyuki Díaz Sánchez, Daniela Sarai Domínguez Izquierdo, Dahyane Lisseth Galindo Osuna, Melanie García Flores, María José Goytia Morúa, Mercedes Hernández Ferrer, Ivana Herrera McKinney, Mario Alberto López Espinosa, Enrique López Pérez, Daniela Martínez Rojo, Elena Josuany Mena Munive, Carlos Luis Merino Ayala, Antonio Montes Magaña, Alexis Murillo Corona, Naiki Guadalupe Olivas Gaspar y Xchell Celeste Sánchez Cruz.


TABLE OF CONTENTS Executive Summary Foreword by the President of the UDLAP Letter from the Chairperson of the Honorary Board CESIJ

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Introduction to the GII-2020

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Global Impunity Index 2020 Conceptual Framework

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GII-2020 Methodology, Indicators, Components and Statistical Model Structural Dimension Functional Dimension Human Rights Dimension GII-2020 Statistical Model Concepts

38 40 41 43 43

GII-2020 Results Regional results Africa America Asia-Pacific Europe Correlational Analysis

48 62 62 64 66 68 70

Information by Country

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References

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Acronyms

220

Dictionary of Global Impunity

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EXECUTIVE SUMMARY • •

The goal of the Global Impunity Index (GII) is to make visible, in quantitative terms, the impunity worldwide and its relationship with other complex phenomena such as inequality, corruption, and violence. The GII is the most important international academic effort to measure— in comparative terms—levels of impunity worldwide. The GII’s quantitative methodology focuses on measuring the structure and operation of the security and justice systems, as well as respect for human rights in each country. Based on the GII statistical results (and open access to our databases), researchers in universities, the media, civil society organizations, international agencies, global companies and the general public may carry out their own qualitative analysis by dimension, focused on each country and region. From our first report, dated 2015, we have highlighted that measuring impunity is in itself very important; however, high impunity rates may also be related with social and economic inequality, access to justice and a weak Rule of Law, insufficient economic development, difficulties in attracting new sources of foreign investment and tourism, and, equally important, increased human rights violations. The GII-2020 does not measure the impact of the COVID-19 pandemic on impunity. However, given the link between impunity and inequality it would be important to analyze how the pandemic may exacerbate insecurity and violence and further restrict access to justice and other public goods. If so, those regions with high levels of marginalization and lower levels of progress in the Rule of Law, as it is the case of Latin America, Africa, Central Asia, and Asia-Pacific would face a negative impact. The partial or full closure of security and justice offices worldwide will negatively affect impunity rates in the countries in year 2020. This report does not reflect such effect.

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GLOBAL RESULTS •

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This report analyzes 69 countries based on information available in 2019. The GII-2020 . The GII-2020 widened the overall observation units to two additional countries, although Scotland and Northern Ireland are analyzed separately from the United Kingdom. It also includes two countries that are not UN member states but have available data: Palestine and Kosovo. This edition incorporates the following countries (not included in the GII2017: Belgium, Bahrain, Liechtenstein, Scotland, Kosovo, Kyrgyzstan, Belarus, Palestine, Nepal, Guyana, Azerbaijan, Morocco, and Thailand. Although new countries were added, the GII-2020 does not include information on the twelve following countries (which took part in previous years) due to irregularities or significant inconsistencies in their information: Argentina, Australia, Brazil, Czech Republic, Dominican Republic, El Salvador, Philippines, Grenada, Ireland, Kenya, Trinidad and Tobago, and Venezuela. This edition incorporates information on the following countries; from Africa, Morocco; from Asia-Pacific, Bahrain, Kyrgyzstan, Palestine, Nepal, Azerbaijan, and Thailand from America, Guyana and; from Europe: Belgium, Liechtenstein, Scotland, Kosovo, and Belarus. This resulted in a more robust sample for analysis. The statistics on security and justice from 124 countries with United Nations membership do not allow a comparative evaluation. This underscores the importance of statistical impunity as a fundamental component in the comparative analysis of impunity. As previously mentioned, statistical impunity may result from the lack of capacities of the countries to generate national statistics, the lack of will to report information to the international community and the manipulation of official numbers to minimize the consequences of insecurity, violence, violation of human rights, or corruption. Those countries included in the group for statistical impunity could quickly join the GII should they report the missing indicators to the United Nations or to regional statistical institutions.

Low and Very Low Impunity •

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The following twenty countries have a very low impunity index: 1) Slovenia (20.26 points), 2) Croatia (20.46 points), 3) Greece (24.05 points), 4) Bosnia and Herzegovina (25.31 points), 5) Sweden (25.94 points), 6) Norway (27.36 points), 7) Hungary (28.34 points), 8) Romania (28.89 points), 9) Netherlands (29.76 points), 10) Serbia (30.97 points), 11) Iceland (31.03 points), 12) Estonia (31.36 points), 13 ) Bulgaria (31.37 points), 14) Montenegro (31.71 points), 15) Albania (32.12 points), 16) Germany (32.46 points), 17) England and Wales (32.49 points), 18) Slovakia (32.73 points), 19 ) Finland (32.90 points), and 20) Belgium (32.97 points). The fifteen countries that have a low impunity index are: 21) Portugal (33.06


points), 22) Latvia (33.14 points), 23) Italy (33.78 points), 24) Ukraine (33.84), 25) Spain (34.81 points), 26) Mongolia (35.02 points), 27) Lithuania (35.78 points), 28) France (36.06 points), 29) Scotland (36.09 points), 30) Northern Ireland (36.61 points), 31) Poland (37.20 points), 32) Austria (37.24 points), 33) Japan (37.67 points), 34) Republic of Korea (37.71 points), and 35) Switzerland (38.42 points).

Intermediate Impunity •

The following fifteen countries have intermediate levels of impunity: 36) Denmark (38.82 points), 37) Costa Rica (39.51 points), 38) United States (40.21 points), 39) Barbados (40.48 points), 40) Georgia (40.51 points), 41) Belarus (41.17 points), 42) Panama (42.54 points), 43) Moldova (44.29 points), 44) Singapore (44.89 points), 45) Canada (45.66 points), 46) Turkey (46.17 points), 47) Bahrain (46.37 points), 48) Russian Federation (46.37 points), 49) Colombia (46.88 points), and 50) Chile (47.63 points).

Countries with a Higher Impunity Index •

The countries with an intermediate (upper-high) impunity index are: 51) Kosovo (47.69 points), 52) Palestine (47.79 points), 53) Liechtenstein (47.83 points), 54) Cameroon (47.87 points), 55) Ecuador (48.17 points), 56) Kazakhstan (48.30 points), 57) Peru (48.31 points), and 58) Armenia (48.72 points). The countries with a very high impunity index are: 59) Guatemala (49.66 points), 60) Mexico (49.67 points), 61) Kyrgyzstan (51.80 points), 62) Nepal (51.94 points), 63) Guyana (52.07 points), 64) Paraguay (53.15 points), 65) Azerbaijan (54.56 points), 66) Algeria (57.63 points), 67) Morocco (58.04 points), 68) Honduras (59.69 points), and 69) Thailand (62.82 points). Mexico remains a country with high impunity levels. Its variation in the GII rank—when compared to the 2015 and 2017 editions—is the result of changes in the position of other countries, rather than of the implementation of effective actions to strengthen the Rule of Law, ensure access to justice, or protect human rights.

Statistical Impunity •

Statistical impunity refers to the impossibility of measuring, in statistical terms, the capacities and operation of the security and justice systems, as well as the respect for human rights in the countries. Statistical impunity has three possible sources: lack of institutional capacity regarding national

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statistics, lack of political will to generate such information, or the intentional manipulation of official statistics. In countries with higher economic levels or highly developed, the most important variable explaining statistical impunity is the lack of political will of the government to produce national statistics. The impunity index of Saudi Arabia, China, Indonesia, and South Africa could not be measured due to statistical impunity; making them the only four members of the G-20 in this situation. Despite having institutional capacities to report information these countries systematically fail to deliver to the United Nations information on their security and justice systems, the operation of their penitentiary system or human rights violations, making it difficult to compare them with the rest of the world.

Impunity in Africa • •

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The GII-2020 includes the impunity index for three countries of this continent: Cameroon, Algeria, and Morocco. The rest of the countries are in a situation of statistical impunity. Kenya is not included in this edition (unlike 2017) due to inconsistencies in the variables of individuals brought before courts divided by the overall number of judges and individuals brought before courts divided by the number of prosecutors. African countries included in this edition are located in a range of high impunity, leading to the classification of this continent as the one with the highest impunity rates, when correlated with its inequality levels. It should be recalled that most African countries had a relatively late independence. This led to the establishment of their security and justice institutions in an uncertain environment. It is fundamental to strengthen such institutions to improve African countries position in the index. In this regard, international cooperation is fundamental and to focus efforts in the improvement of the justice, security, and human rights systems. Although there has been progress in the development of national statistical offices in the continent, work must continue for their strengthening with the support of international organizations such as the United Nations Economic Commission for Africa. The production of statistics in the region could facilitate the visualization of problems such as inequality, which is correlated with impunity. In addition, these instruments could contribute to make progress in the Goals of the United Nations Sustainable Development Agenda, as well as to the strengthening of economic, justice, security, and human rights systems in African countries.


Impunity in the Americas •

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The 2020 edition of the Global Impunity Index incorporates Guyana. However, due to inconsistencies in the information reported, this edition does not include information on the following countries, which, therefore, have been classified as cases of statistical impunity: Argentina, Brazil, the Dominican Republic, El Salvador, Grenada, Trinidad and Tobago, and Venezuela. None of the countries from the region has low impunity levels. Thus, the countries of the Americas included in this edition have medium and high impunity levels. Costa Rica is the country in the region with the lowest degree of impunity (39.5 points), even if it remains in the group with medium impunity levels (42). The United States (position 38, with 40.21 points), Barbados (position 39, with 40.48 points), Panama (position 42, with 42.54 points), Canada (position 45, with 45.66 points), Colombia (position 49, with 46.88 points), and Chile (position 50, with 47.63 points) are in the same range. Mexico does not top the list of countries with the highest impunity levels, as it did in the 2017 edition. In 2020, Honduras has the highest level of impunity in the region, and is the second with the highest impunity levels worldwide (68). This does not mean that there has been an improvement or a significant transformation in the operation of the security and justice systems, or the respect for human rights in Mexico. The countries with the highest impunity levels in the region, in ascending order, are: Ecuador, Peru, Guatemala, Mexico, Guyana, Paraguay, and Honduras Antigua and Barbuda, Bahamas, Belize, Bolivia, Cuba, Dominica, Haiti, Jamaica, Saint Lucia, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Suriname, and Uruguay remain as countries with statistical impunity as they do not produce sufficient information to analyze them in terms of security and justice. These countries’ governments need to show political will to produce relevant information and report it to the United Nations. Seven countries are classified under an alternative model due to their atypical values: Argentina (five variables without information); Brazil (seven variables without information); the Dominican Republic (without information for the structural dimension of the security system); El Salvador (very high rates in homicides, a scatterplot chart [caja de dispersión] may not be produced); Granada (does not have information on the structural dimension of the security system); Trinidad and Tobago (atypical values in the variable of prisoners divided by individuals convicted), and Venezuela (eight variables without information) The CESIJ will monitor social protests in the region and the governments’ response to them. The discrepancy between the figures of injuries reported by governments compared to those reported by non-governmental organizations, civil society and international organizations is concerning. The region has high degrees of impunity and socioeconomic inequality, which is worrisome. Social exclusion builds on impunity and aggravates the

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consequences of insecurity and violence, especially for those in marginalized conditions. There is a need for public policies that consolidate the Rule of Law and emphasize the importance of the transformation of the security and justice systems.

Impunity in Asia-Pacific •

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Mongolia (35.02 points), Japan (37.67 points), and the Republic of Korea (37.71 points) have the lowest impunity levels in the region and represent the group with the lowest impunity levels worldwide. This is an important contrast with the GII-2017, where the countries with the lowest impunity levels ranked in medium impunity levels worldwide. The Asia-Pacific region had the greatest increase in impunity levels in the GI-2020. This edition incorporates Bahrain, Kyrgyzstan, Palestine, Nepal, Azerbaijan, and Thailand. The situation of violence between Israel and Palestine is worrisome and may affect their impunity levels. Southeast Asia has the country with the highest impunity globally: Thailand. Such country has faced continued periods of violence since the beginning of the century, mostly in the south. Drug trafficking persists a situation that aggravates impunity. Saudi Arabia, China and Indonesia (G-20 countries) do not report statistical information on security and justice to be included in the GII-2020. Palestine, Kazakhstan, Armenia, Kyrgyzstan, Nepal, and Azerbaijan have the highest impunity levels. The Philippines has atypical values in the variables of individuals brought before courts divided by the number of individuals that had formal contact with the police. It is important to recall that this country had the highest impunity levels in the GII-2017. Even when the GII-2020 does not analyze this country, it has situations of violence related with organized crime and local terrorist groups.

Impunity in Europe • • • •

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Europe is the region with the lowest impunity levels. Slovenia (20.3 points) is the country with the lowest impunity rates, while Kosovo (47.7 points) and Liechtenstein (47.8 points) have the highest levels and are classified as countries with high impunity levels. This edition incorporates: Belgium, Scotland, Kosovo, Liechtenstein, and Belarus. Austria and the Russian Federation have atypical values that are important to highlight. Austria has an overall number of judges and court personnel below the average, placing it in the group of countries with high impunity


levels. This is so because in other variables Austria’s indicators are within the average values. The information reported by the Russian Federation is above the international average, leading to its placement in a better position than in previous reports. This represents a very significant change to be analyzed with special caution.

Impunity in Mexico • • •

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Mexico ranks 60 out of the 69 countries analyzed in the 2020 Global Impunity Index. In the 2017 edition, it ranked 66 out of 69 countries and in the GII-2015, it ranked 58 out of 59 cases under study. Mexico has high scores in the structural dimension (in both, the justice and security systems) so these issues should be a priority for the country. Mexico’s high score in the structural dimension of the justice system shows the need to increase the number of judges. This would improve the capacities of the justice administration, leading to a better assessment in the number of incarcerated individuals waiting for a judgment and overcrowding in prisons. The GII-2020 reports an average of 17.83 judges for every 100,000 inhabitants. Mexico has 2.17 judges for every 100,000 inhabitants. The country with the lowest impunity levels, Slovenia, has 42.77 judges for every 100,000 inhabitants. Regarding the security system, the index shows that there are 347.76 police officers for every 100,000 inhabitants. This figure is higher than the average for the 69 countries. However, this does not translate into an effective capacity of policing. When compared with the information from the Executive Secretariat of the National Public Security System, the status of the basic policing capacity in Mexico is almost one police officer below the international minimum standard (1.05 compared to 1.8 police officers per thousand inhabitants). Even when the issue of impunity is far from politicizing, there is an increase in crime statistics. This could affect future impunity measurements The precarious human rights situation is fundamental to understand Mexico’s high impunity levels. Urgent action is needed to reduce the high impunity rates. The security and justice systems require more resources. Such resources must lead to an increase in capacities, infrastructure and professionalization. The country needs more effective and independent evaluation systems within institutions to guarantee truthful and quality information on the operation of the justice and security systems. The entry into force of the new criminal justice system may lead to misconception of increased impunity. Although this system has improved judicial processes (especially in terms of transparency), this has not led to an overall improvement in the country due to the outcome of the trials.

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Improving the capacities of the justice system, including the investigation of crimes and administration of justice is key reduce the country’s extremely high impunity levels. A deficient justice system leads to unequal access to justice and repeated victimization, and it means that it is not possible to address public insecurity through the justice system. The following issues remain a concern: poorly prepared local and federal security systems with unequal capacities and deficient functioning, as well as collapsed justice systems without effective external accountability mechanisms. The current trend of “punitive populism” demanding stronger penalties and increased pre-trial detention as the way to reduce impunity is more and more concerning. Reducing Mexico’s very high impunity levels involves improving the capacities and operation of the justice and security systems, as well as the effective protection of human rights. An approach focused on increasing penalties and increased pretrial detention would further impunity cycles and would have a negative effect on the population that is more vulnerable in social and economic terms.

Methodology •

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For the Center of Studies on Impunity and Justice (Centro de Estudios sobre Impunidad y Justicia - CESIJ) impunity is a multidimensional phenomenon that goes beyond the analysis of crimes that could be punished— such as homicide. Impunity has three major dimensions: security, justice, and human rights. This report measures impunity using two main criteria: first, the functionality of the security, and justice systems and the protection of human rights; second, the structural and existing capacity of countries. Statistical impunity is fundamental to comprehend impunity in a comparative fashion. It could result from the lack of institutional capacity to produce national statistics, lack of political will to report this information to the international community, or the manipulation of official statistics. It has been proven, in statistical terms that impunity is correlated with other matters of concern of the international community such as inequality, corruption, and the Rule of Law. Countries’ wealth, measured through their economic capacity of production, is not a driving factor of impunity. While countries need to devote resources for security and justice structures, this alone does not suffice; it is important that such institutions function properly and respect human rights. The link between inequality and impunity is deeply concerning. Countries lacking of social and economic development options for their population, are failing in reducing unequal access to security and justice. This Index does not narrow the impunity phenomenon to the percentage of punished crimes. Rather, it proposes a more complex approach and a score


based on the following dimensions related with impunity: security, justice, and human rights. The comparison between the GII-2017 and the GII-2020 should be cautious, as there have been changes in some indicators of the three dimensions under analysis, which were necessary due to the inconsistencies of the official information on security, justice, and human rights. On the structural dimension, there has been an adjustment in the indicator on prisoners divided by the overall penitentiary capacity to an indicator measuring prisoners divided by the overall population, due to the lack of information on the variable of penitentiary capacity. In addition, the indicator prison staff divided by the penitentiary capacity has been adjusted to measure prison staff divided by the overall population. On the functional dimension, the variable on prisoners was adjusted as follows: the variable on prisoners for homicide divided by the overall number of homicides was adjusted based on the overall population, as the variable of overall number of homicides was not found. Finally, the human rights dimension also experienced significant changes. As there is not updated information on the Human rights Protection Score (PPDH), estimated by Christopher Fariss (2014) and Fariss and Schnakenberg (2014), which was used for the GII-2017, this edition uses the estimations of the World Justice Project on human rights.

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FOREWORD Luis Ernesto Derbez Bautista, PhD President of the University of the Americas Puebla I hereby present the third edition of the Global Impunity Index (GII), a study measuring impunity in various countries based on information obtained mostly from the United Nations and other international organizations. The GII-2020 complements the effort of measuring impunity in countries as it has happened in Mexico with the 2016 and 2018 GII editions, Colombia with the 2019 edition and its upcoming 2021 update. By comparing the global situation, the GII-2020 reinforces the fact that Mexico still has very high impunity levels due to shortcomings pointed out throughout five years. The poor the performance of the security and justice systems needs to be corrected if we want to overcome the impunity and corruption prevailing in our country. The recommendation that the government invests in improving the capacities and the operation of institutions, especially in the prosecution of crimes and administration of justice is crucial if there is an expectation of substantially reducing impunity and corruption in our nation. The University of the Americas Puebla is pleased that this study is a required reference worldwide on impunity in both academic research and civil society organizations. It is a source of great pride that the GII is a benchmark. This makes it possible to take into consideration its content and recommendations in international decision-making and in public policies aimed at addressing this issue. In this sense, the GII is a high-impact strategic product for the design of policies, economic risk analysis and for the understanding of the social consequences that come with the lack of investigation and punishment of crimes or human rights violations. I want to underscore that the GII is a project developed by researchers from the Department of International Relations and Political Science of our university with the active participation of scholarship holders and students enrolled in the Honors Program. For the UDLAP, scientific research and the production of the GII is fundamental for the students’ training process.

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LETTER FROM THE BOARD Andrea Ambrogi Domínguez

Chairperson of the Honorary Board Center for Studies on Impunity and Justice (CESIJ), University of the Americas Puebla

Once more, the Center of Studies on Impunity and Justice of the University of the Americas has prepared this report providing a detailed panorama on the behavior of impunity worldwide. This is a tireless effort to produce rigorous information for the enforcement of strategies and public policies to eradicate this phenomenon. Since its first publication, the CESIJ’s Global Impunity Index has become a world benchmark for measuring impunity due to its solid methodology and elaboration based on verifiable information. Currently, the index has high recognition in the academia, civil society, and government. Why is the continuity of this index important? Because it has identified and measured the phenomenon of impunity, making it possible to quantify its impact in the proliferation of antisocial behaviors such as corruption, insecurity, and high levels of violence. My full appreciation and thanks to Dr. Luis Ernesto Derbez Bautista, for his perseverance and commitment to the project—and whom despite the difficult times continues to promote research to improve our communities—as well as the CESIJ’s team, masterfully led by Dr. Juan Antonio Le Clercq Ortega, and professor Gerardo Rodríguez Sánchez Lara. I appreciate the honor and opportunity to collaborate with this exceptional team.

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INTRODUCTION Year 2020 will be remembered for the COVID-19 pandemic and the global economic crisis it unleashed. It will also be a watershed for state institutions responsible for providing social goods such as justice and security, and for guaranteeing the enjoyment of other rights such as access to quality health and education services. The Global Impunity Index 2020 does not measure the impact of COVID-19 on security and justice institutions because countries do not report statistics on real time, meaning that there is a two-year desynchronization in the information. The process of request, delivery, processing and presentation of information within the framework of the United Nations System takes time. Therefore, this report presents information on years 2018 and 2019. The GII builds on transparency and access to information on the security, justice, and penitentiary systems of the countries as per the obligation to report to the UNDP its official statistics on a yearly basis. States that fail to timely report their information to the United Nations are in a situation of statistical impunity. It is particularly concerning the case of the countries that are unwilling to report their national information despite having resources to do so. This report includes the respect for human rights as a third variable. A country that strictly enforces the law dismissing fundamental rights can be extremely authoritarian. This index classifies such cases as acts of impunity. Based on the content of this report, the Center for Studies on Impunity and Justice (CESIJ) concludes that the reduction of impunity remains a pending issue for governments around the world. The deterioration of countries such as Honduras, Colombia, Myanmar, the Philippines, Guatemala, Venezuela, and Russia is unfortunate. It is also concerning that Saudi Arabia, China, and Indonesia; countries that take part of the G20, do not regularly report security and justice statistics to the UNDP. The following chapters present an analysis of impunity trends worldwide, explained by region and by areas of multidimensionality. The final section includes eleven recommendations drawn from this report and those by international organizations working on issues related to impunity.

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I. Impunity Trends Worldwide 2019-2020 The Americas As of 2019, Latin America was expected to face a complicated scenario because of its economic slowdown. Some of the relevant situations explaining this are the trade conflict between the United States and China; the political and economic crisis in several countries (Argentina, Bolivia, Chile, Ecuador, Peru, and Venezuela) and; increasing insecurity and violence in the countries of the Northern Triangle in Central America (Guatemala, El Salvador, and Honduras), Brazil, Colombia, and Venezuela. Regarding Central America, Guatemala sent a terrible message to the international community by requesting the end of the mandate of the International Commission against Impunity in Guatemala (CICIG). This commission, established by a United Nations resolution and financed by it, made important progress in strengthening Guatemala’s justice system to investigate grave human rights violations. Especially, it succeeded in investigating high-level political corruption leading to the conviction and imprisonment of a president and vice president in office. In Central America, Mexico and Colombia, serious violations against economic migrants and refugees continue to occur. Colombia is witnessing a twofold drama with the increase of violence in the areas demobilized by the FARC and the increase of criminal gangs. Unfortunately, impunity did not decrease after the peace accords with the FARC-EP and remains high in Colombia: 57% of departments have high or very high impunity levels and only 9% report low rates (GII-Colombia, 2019). According to Fundación Pares (2019): [...] illegal economies associated with the production of cocaine, the illicit extraction of minerals and other natural resources are probably one of the most important variables explaining the current phenomenon of impunity in Colombia. In addition, the demobilization of the FARC-EP has led to traditional guerrilla movements such as the ELN and neo-paramilitary groups to occupy criminal territories and spaces, causing an increase of crimes in Colombia and, consequently, raising impunity levels in some departments. In South America, Venezuela continues to be the country with the highest rates of homicides, crimes, systematic violations of human rights and, therefore, impunity (UNHCHR, 2019 and 2020). Besides the food crisis that the country is experiencing, which is a result of the political and economic turmoil, there is a regional humanitarian emergency of approximately four million Venezuelan refugees living in the countries of the continent. Likewise, the Venezuelan army and politicians linked to the Nicolás Maduro regime have been accused of drug trafficking from the Andean region to North America and Africa (State Department, 2020). In Mexico, the administration of the president Andrés Manuel López Obrador (2018-2024) inherited very high crime rates, grave cases of corruption and

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structural problems in the security and justice institutions from the government of former President Enrique Peña Nieto (2012-2018). The implementation of criminal justice reform has depressurized Mexican prisons. However, there is a perception of impunity due to the poor performance of the security and justice institutions that in practice have failed to adapt to this system based on the respect of rights. Impunity in Mexico is structural and institutional. For example, Mexico has half as many judges on average as the American region and four times less than the global average. In terms of the state of the police force, according to the Ministry of Interior (Gobernación) there is approximately a 50 percent deficit of state police (SESNSP, 2020). There are 1.02 police officers per every thousand inhabitants. The minimum standard is 1.8 police officers. The high crime and homicide rates and institutional collapse explain to a major extent the prevailing high impunity in this country. The Office of the Attorney General has been replaced by and independent Prosecutor’s Office (Fiscalía General de la República), however, it still has to consolidate its autonomy and improve its investigative capacities. Unfortunately, the human and financial capacities of the new institution are insufficient to address the high number of federal investigations related to organized crime and corruption. Most of Mexico’s problems with impunity are at the state-level. State governments and local authorities are responsible for providing security and justice in 85 percent of the cases (GII-Mexico, 2018). Few state-level prosecutor’s offices are in a process of institutional strengthening and have functional independence from governors. Regarding the Federal Police, the creation of the National Guard should lead to results in the medium term and reach the goal of 150,000 troops than can also enforce their functions of investigation and prosecution of crimes. Finally, the government in office is investigating grave criminal cases (drug trafficking, human trafficking, hydrocarbons theft, among others) as well as cases of political corruption such as bribes from the Brazilian company, Odebrech, through the Financial Intelligence Unit. In the United States, increased tensions in cases of police abuse against African American and Hispanic minorities in some cities, high incarceration rates and the collapse of state-level state justice systems are concerning. This country is just at the middle of the impunity index despite the fact that its justice system is an international benchmark. The workload of judges in the country is very high due to the high number of cases brought before courts and the type of crimes. The steady increase in the US population over the past two decades and the failure to increase the human capacities of the federal and state justice systems accordingly are some of the underlying explanations of the workload of its criminal justice system. The United States remains the country with the highest number of incarcerated individuals in the world. The fifteen years of bonanza, economic growth and poverty reduction in some countries of the region the region had experienced, is paused in 2020 due to the negative effects of the COVID-19 pandemic. Government budgets, security, and justice institutions, increased socioeconomic inequalities, among others, will reflect this.

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Global Impunity Index 2020

Europe is by far the continent with the lowest impunity levels. The 32 countries with the lowest impunity are European. The region has a positive balance in its security, justice and prison systems. It also has low levels of crime and human rights violations. The CESIJ is closely analyzing those countries that in past editions had had notable results in the fight against impunity (GII-2015, GII-2017) but now are implementing some policies that could be a setback for criminal justice reform, especially in Eastern Europe. According to the GII-2015, a hypothesis explaining low impunity levels in Eastern European countries that are members of the European Union is the monitoring and supervision from European instances during their criminal justice reforms. It would be unfortunate that legislative reforms are a setback in the fight against impunity and human rights violations. The GII-2020 quantitative team identified that the Russian Federation reported abnormal data to UNODC, making it necessary to conduct an in-depth analysis of its statistics. In terms of global impunity, this country’s invasion of Ukraine was a hostile attitude and concerning. Likewise, international organizations continue to unveil human rights violations against some minorities in the country. In Asia-Pacific, the refugee crisis and the systematic and brutal violence in Myanmar against the Rohingya ethnic group are fundamental in understanding global impunity. In countries such as Afghanistan, Iraq, Syria and Yemen internal conflicts with regional features in the Middle East continue to create conditions enabling impunity due to practices of extreme violence and acts of terror against the civilian population committed by subnational groups. In the case of the Philippines, the presence of sub-national groups, terrorist groups linked to the Islamic State and criminal drug trafficking organizations, results in a country with very high impunity levels. It is concerning that the Philippines is not timely reporting statistics to the UN. This country was the one with the highest impunity levels in the GII-2017. Unfortunately, in this edition it remains as a country with very high impunity levels due to statistical impunity and the reports. Africa keeps facing important conflict challenges leading to crimes against humanity that result in impunity high rates. This continent has the greatest challenges in terms of generating statistical information for the United Nations system, which is necessary to meet Goal 16: Peace, justice and strong institutions of the United Nations Sustainable Development Goals. The GII-2020 incorporates only three countries from this continent that reported sufficient statistics. Likewise, this region has the most important active conflict scenarios for the United Nations Security Council. The link between transnational organized crime and terrorism organizations with armed conflicts enables spaces of impunity in countries with active peace operations such as Mali, the Central African Republic, the Democratic Republic of the Congo, Somalia and South Sudan.

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II. The Multidimensions of Global Impunity Impunity is a multidimensional phenomenon that cuts across the security, justice and human rights systems. It is an issue affecting most countries internally and it has a global impact. The CESIJ aims to deepen studies of subnational impunity, as it is fundamental to understand the ramifications of impunity within countries and at the global level. In addition, it analyzes this phenomenon in the light of other global issues (environmental, political, socioeconomic, health, among others). The GII methodology has been successfully applied to analyze the subnational cases of Mexico and Colombia. Currently a study on developed countries using such methodology is in progress to explain why greater production and economy size are not necessarily associated with lower impunity, greater access to justice and the rule of law, as well as respect for human rights. Impunity related to crimes against the environment is deeply concerning worldwide. The Center will present the results of this research soon. Impunity and Human Rights: Crimes Against Humanity From its first edition in 2015, human rights is one of the dimensions of the Index. There cannot be justice and complete rule of law in countries with grave violations of fundamental rights. Countries with regional, internal or non-ordinary wars (terrorism and high levels of organized crime) have massive human rights violations such as genocides, high levels of homicide, grave cases of disappearances, trafficking and human trafficking, among others. Year 2019 will go down in history for the important conviction of the International Criminal Tribunal for the former Yugoslavia against former-Bosnian Serb leader Radovan Karadžić for his role in the mass killings of civilians in the Bosnian conflict. International justice has been served three decades after the July 1995 massacre of more than 7,000 Muslim men and boys in Srebrenica. However, throughout 2018 and 2019 we witnessed grave cases of human rights violations in countries currently experiencing internal conflicts such as Afghanistan, Algeria, Iraq, Mali, Nicaragua, Myanmar, Syria, Sudan, Venezuela, and Yemen that remain in the impunity. Social-Environmental Impunity It is increasingly important to assess impunity in crimes, misdemeanors and violations of environmental human rights. Environmental justice is a social demand, especially in small communities and for indigenous people. Acts involving the destruction of ecosystems, looting of natural resources and economic practices put health at risk. Information on attacks against environmental activists worldwide—which are especially concerning in Latin America and Mexico—, environmental conflicts on access to water, poorly regulated mining and increased natural resources

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Global Impunity Index 2020

looting by organized crime show the importance of improving statistics on environmental crimes, the need to increase capacities to bring about environmental justice and to create improved mechanisms to protect activists, environmental defenders and community leaders facing threats because of their activity of defense of natural resources and spaces. Political Impunity: Corruption, Capture of the State and Threats to Freedom of Expression Political impunity is one of the dimensions that hurts societies the most. Perverse phenomena such as corruption, the capture of the State by criminal organizations or oligarchic economic groups, violence against the media, the abuse of fake news and the return of authoritarian regimes have a negative effect on justice, security and the enjoyment of human rights. Corruption is a problem that does not respect borders and hurts societies in terms of access to justice and development. The capture of States by economic interest groups and organized crime leads to impunity traps from which it is very difficult to escape. In this sense, there is hope in the advancement of international policies against bribery, political corruption, money laundering, compliance, and due diligence of companies. International organizations such as the Financial Action Task Force (FATF), the Egmont Group and the United Nations Office on Drugs and Crime (UNODC) are key to this fight. Socioeconomic Impunity: Inequality and Poverty Previous GII studies have shown that there is no statistical correlation between the size of an economy, the wealth or poverty of nations, and impunity. However, socioeconomic inequality is correlated with low levels of law enforcement and punishment of criminals. Before the pandemic, the UN reported that approximately 28.5 million children of primary school age do not attend school because they live in areas affected by conflict. This figure will increase due to social distancing measures mandated by governments and the new reality of unemployment that will cause the greatest economic crisis in the last eight decades. Unfortunately, several studies indicate that after the COVID-19 pandemic, poverty and inequality will increase throughout the world. The increase in social inequalities will be seen not only in access to traditional public goods such as health, education, food and housing, it is also very likely that access to public goods such as security and justice will be directly affected by this pandemic. Countries with systems of police, judges and prisons already collapsed before 2020 will have greater pressures for reduction in budgets, human resources and infrastructure. This will cause in some countries the gap in access to justice to skyrocket between social classes, favoring violations of human rights and causing possible social tensions. One of the advances in the redefinition of the UN Goals is the recognition that

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“the rule of law and development are strongly interrelated and mutually reinforcing, making it essential for sustainable development at national and international level” (UN, 2020). International Impunity: Conflicts and Wars Conflict, insecurity, weak institutions and limited access to justice continue to pose a serious threat to sustainable development. The United Nations through the Office of the United Nations High Commissioner for Refugees (UNHCR) indicates that the number of people fleeing wars, persecutions and conflicts surpassed 70 million in 2018, the highest figure recorded in almost 70 years (UN, 2020). As long as the nature of the international system remains anarchic, the only way States can prevent impunity is by respecting treaties. Unfortunately, in the last four years we have seen significant setbacks, especially from great powers such as the United States (trade, arms and environmental) and the Russian Federation (invasion of Ukraine), and from States that are favoring factors of instability affecting their regions like North Korea, Iran, Syria, Venezuela, and Yemen.

III. Impacts of COVID-19 on Impunity More and more countries recognize that impunity is not only a critical problem for their countries but also for national security. In the year 2020, after the pandemic/economic crisis, States face more challenges to reduce their impunity rates. The pandemic has obvious negative effects on the institutions of security, justice, penitentiary systems as well as for the protection of human rights. Below is a summary of the main effects that this pandemic will cause in the security and justice institutions that can increase impunity levels worldwide. 1. Widening the inequality gaps. According to the latest report from the Economic Commission for Latin America and the Caribbean (ECLAC) a 9.1% drop in gross domestic product (GDP) is expected regionally. Furthermore, unemployment grew from 8.1% to 13.5% in 2020, which means that more than 44 million people in the region are in this situation. Regarding poverty, this rate will grow to 37.3% and when it comes to extreme poverty, the increase will reach 15.5% at the regional level. This will translate into an increase of up to 231 million people living in poverty and 96 million in extreme poverty (ECLAC, 2020). 2. Pressure on the institutions of security and justice. The United Nations recently recognized that “among the institutions most affected by corruption are the judiciary and the police” (un, 2020). Many courts and tribunals had to close due to the pandemic, which meant that millions of citizens in the world could not report crimes and access mechanisms for the administration of justice.

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Global Impunity Index 2020

Likewise, most of the countries’ law enforcement agencies, in addition to continuing with their responsibilities for crime prevention and investigation, had to assist political and health institutions to meet different needs during the management of this crisis. 3. Increase in cybercrime and fraud. Cybercrime continues to be a focus of attention for international organizations, even during the COVID-19 pandemic. The Financial Action Task Force in Latin America draws attention to activities such as financial fraud and scams, trafficking in counterfeit drugs, fraudulent investments in Ponzi schemes, and consumer-related fraud or cybercrime (GAFILAT, 2020). Interpol warns of the increase in criminal activities that can take advantage of this pandemic. Among the cyberthreats, the following stand out: the use of malicious domains, online frauds or phishing, malwares related to information gathering and ransomware or denial of service attacks (DDOS) (Interpol, 2020). 4. Increase of political corruption in public procurement. According to the Financial Action Task Force, there is a high risk of corruption and misuse of public resources by governments in contracts for the purchase of medical supplies related to the COVID-19 pandemic. In addition, there should be a careful analysis of the biddings for such purchases since FATF also warns about the use of informal or corrupt channels by individuals to obtain irregular government contracts. This may become somewhat more prevalent in countries where oversight of government spending and purchases is perceived as deficient. (GAFI, 2020).

IV. Recommendations to Reduce Global Impunity Below eleven recommendations to reduce impunity levels worldwide based on the experience recovered from the GII-2020 and previous editions, investigations by the CESIJ and reports from international organizations. 1. 1. Security and justice statistics. The member States of the United Nations will not be able to achieve Goal 16 of the 2030 Agenda to promote just, peaceful and inclusive societies if they do not commit to measuring progress or setbacks in the development of better security and justice systems. The GII will continue to punish the statistical impunity of those countries that, despite having the capacity to register their information and share it with the UN, do not do so, in particular the States that take part of the G-20. Those countries that do not have strong institutions for national statistics should request support from the international community to advance in this issue. The UNODC has a lot of experience in assisting States that request it. 2. International cooperation and supervision. There are proven success stories of regional and international cooperation that help countries to strengthen and professionalize their security and justice systems. Countries of Eastern Europe and Guatemala are tangible proof of this recommendation. 28


3. Combat money laundering. The prevention of money laundering through financial intelligence is a powerful instrument to reduce impunity in countries with a strong presence of organized crime and political corruption. The implementation of the 40 FATF Recommendations, the mutual evaluation mechanisms of the countries taking part of this international organization, as well as international cooperation in the exchange of information and best practices within the framework of the Egmont Group are showing important results to address impunity in many countries. The budgetary and legal strengthening of the Financial Intelligence Units is recommended, as well as improving the coordination mechanisms between these agencies with the national prosecutor’s offices to increase the prosecution of cases related to crimes and high-impact acts of corruption. 4. Strengthening justice institutions. In addition to the professionalization of justice systems, in accordance with the best democratic standards and administrative efficiency, countries must provide them with sufficient human, financial and technological resources to fulfill their function. Justice systems must have sufficient capacities to deal with the amount of received complaints, not only in terms of the size of their population, but also in terms of the magnitude of crime and violence in their societies. Otherwise, their operation will be suboptimal, and promote corruption within such institutions. 5. Professionalization of security institutions. Most of the countries included in the GII have police force close to the global average. The problem is the lack of professionalization of these forces, which overcrowd justice and penitentiary institutions, or fail to carry out investigations to prosecute crimes. In most countries in Latin America, Africa and Asia-Pacific, police salaries and careers do not compare with the levels of professionalization and labor welfare achieved in Europe, some North Asian countries, the United States, Canada and Australia. 6. Review the situation of penitentiary centers. According to the UN and in correspondence with the data presented in this index, the proportion of individuals detained without judgment has remained almost constant in the last decade at 31% of all prisoners (UN, 2020). Countries should use this information to review the extent to which there is saturation in their judicial system preventing victims from accessing justice, and probable criminals from a conviction in accordance with national legislation. Countries should also review the state of their prisons in terms of overcrowding, social reintegration policies, and security. Otherwise, these facilities become centers for the recruitment, training and operation of gangs, criminal organizations and even fundamentalist and terrorist groups. 7. Defense of free and investigative journalism. Free, professional and independent journalism is one of the best shields democratic societies have against political impunity, human rights violations and against fake news that authoritarian regimes promote and lead to different expressions of impunity. Countries must guarantee press freedom through access to public information, as well as protect the physical integrity of journalists

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Global Impunity Index 2020

and allow the free development of information companies. New global social media companies must also guarantee respect of freedom of information, restricting the use of their platforms to spread false information or information that violates freedoms, human rights and democracy. 8. Addressing environmental crimes. Improve the systems of official indicators and statistics related to crime, misdemeanors and violations of environmental human rights, increase capacities to address, report and access to justice in cases related to environmental crimes, as well as implementing protection mechanisms for environmental activists and defenders. 9. Culture of legality, citizen participation and due diligence of companies. National governments alone cannot reduce impunity in their countries. It is necessary to involve citizens, civil organizations, the media and companies in the prevention of crimes. Countries should promote public governance policies to encourage the active participation of different social actors in crime prevention, as well as the reporting of common crimes and corruption. When societies have high standards for the respect of the law and reporting any potential crime, progress is made much faster in the fight against impunity. Companies must promote the highest standards for the prevention of crimes such as bribery and the diversion of their infrastructure for the commission of criminal acts and money laundering. To do this, they must comply the recommendations of international organizations such as FATF, Interpol, UNODC, OFAC, and the European Union on due diligence policies for the prevention of transnational illegal activities. 10. Cybercrime: prevention, investigation and punishment. The space of greatest impunity in the present and future is that of cybercrime. Governments must rapidly strengthen their security institutions for the prevention and investigation of crimes committed in cyberspace. Likewise, States must update their laws so that they are flexible to face the rapid evolution of cybercrime, especially in the use of crypto assets. Finally, the justice institutions must prepare specialized areas in these matters so that impunity does not prevail in this space of operation that new criminals are exploiting. 11. Intensive use of new technologies against crime. Faced with the eternal problem of access to public resources to resolve social issues, new information technologies should be used to the maximum, with strict respect for people’s privacy and human rights, to promote the reporting of crimes, investigation and criminal prosecution, as well as to achieve greater efficiency in judicial procedures.

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1. Global Impunity Index’s Conceptual Framework


The Global Impunity Index (GII) follows the definition of impunity of the United Nations Commission on Human rights (UNCHR) set in Orentlicher’s report: […] [impunity means] the impossibility, de jure or de facto, of bringing the perpetrators of violations to account—whether in criminal, civil, administrative, or disciplinary proceedings—since they are not subject to any inquiry that might lead to their being accused, arrested, tried, and, if found guilty, sentenced to appropriate penalties, and to making reparations to their victims (CDHIO, 2005). This definition makes reference to two situations: the “de facto” impunity that involves actual functioning of the State institutions to ensure that perpetrators of crimes will be punished, and that victims of crime will receive a compensation or remedy; and the “the jure” impunity, meaning the existence of laws and authorities to hold accountable to perpetrators of crimes and other violations, impose a sanction and redressing the harm caused to victims. In order to measure impunity using this definition as reference we need to take into consideration the features of the legal framework (“de jure”), the social and political context where events take place (“de facto”), as well as the sanctions and sentences imposed to crime perpetrators pursuant to the law. From our perspective, impunity may be understood and explained through a chain process that begins with the denounce of a crime, continues when the institution in charge of persecuting crimes conducts a proper investigation, follows with a resolution from State authorities in charge of delivering justice, and ends with the punishment of a crime and redress of harm (see Figure 1). We have called this approach “the chain of impunity.”

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Global Impunity Index 2020

Figure 1. The Process of Crime and Punishment

CRIMINAL PROCEDURE CRIME

CRIME REPORT

INVESTIGATION

DETENTION

PROCEDURE

TRIAL

JUDGMENT

PRISON

Le Clercq and Rodríguez (2015, 2017).

The conceptual framework—from which the GII is structured—incorporates the process of crime and punishment based on certain factors that define the operation of security and justice systems, and adds a dimension that evaluates the human rights situation in a local context. The foregoing admits that public officers, as representatives of the State, can commit human rights violations and be active perpetrators and not only perpetrators by omission or negligence. Our different reports have been focused on integrating, as a key element for explaining degrees of impunity, the specific importance of human rights violations. Likewise, picking up the “de jure-de facto” impunity-oriented approach and according to the definition of the Orentlicher’s report, we cannot reduce the scope and consequences of impunity to a simple percentage of crimes that end in a judgment or another purely punitive criteria. A comprehensive approach to impunity, highlighting its institutional and social aspects, as well as the strictly legal ones, should include crime reports and judgments but also remedies as the final stage of access to justice. For many systems and indicators, the analysis of access to justice ends with final judgments, providing a limited perspective. However, in the issuance of convictions, remedies and redress for victims should be incorporated in the case file and the judicial procedure. The lack of official information on remedies and redress for victims made it impossible to analyze the last link in the chain of impunity and how it leads to chronic impunity or processes of double victimization in many societies. For further information on the challenges to conceptualize impunity refer to the GII 2015 and 2017, as well as to GII-MEX 2016 and 2018. Also, we have analyzed these challenges taking up the analytical consequences of choosing either “thick” or “thin” perspectives and integrating elements beyond the crime report-judgment relationship in Le Clercq, Cháidez, and Rodríguez (2016) and Le Clercq (2017, 2018a, 2018b, 2018c) and Le Clercq and Cháidez (2018). In the GII-2020, following the methodological criteria set up for our different reports, we divided the analysis of the chain of impunity in three dimensions: structural, functional, and human rights. In order to distinguish between prosecution and judging functions, which are carried out by different authorities and, therefore, their performance is measured separately, the GII breaks the structural and functional dimensions into two crosscutting axes: the security system and the justice system (Figure 2).

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Figure 2. GII-2020 Dimensions.

DIMENSIONS OF THE INDEX Structural Dimension CRIME

CRIME REPORT

INVESTIGATION

DETENTION

PROCEDURE

TRIAL

JUDGMENT

PRISON

CRIME REPORT

INVESTIGATION

DETENTION

PROCEDURE

TRIAL

JUDGMENT

PRISON

CRIME REPORT

INVESTIGATION

DETENTION

PROCEDURE

TRIAL

JUDGMENT

PRISON

Functional Dimension CRIME

Human Rights CRIME

Security System

Justice System

Le Clercq and Rodríguez (2015 and 2017)

The GII has been defined as a unique project to investigate—in an empirical fashion—the benefits of specific institutional structures and thus reduce potential loopholes for impunity. We must take into consideration specific paradigms to understand social structures, as well as the complexities of the phenomenon of impunity, its roots and origins (Le Clercq, 2018a). The questions that open the discussion on the institutional consequences and economic politics of impunity are: How is impunity committed institutionally, leading to path dependency [Mahone, 2001] that is caused despite any changes in institutions and public policies? Why is impunity such a deep and difficult burden to eradicate in many societies even when its political, economic, and social costs have been widely identified, and there are roadmaps and good practices that allow the activation of processes of institutional change? Impunity persists even when there are national and local official institutions responsible of safeguarding access to justice for all citizens. Likewise, as shown in the GII results, systematic and historic impunity exists in countries with the capacity to reform detrimental legal structures that in many cases were inherited from the past. Impunity is a reality in countries where voters can periodically hold authorities accountable if they do not comply with citizen expectations (for instance, when they fail to implement reforms). Analyzing the causes that lead to high levels of impunity implies understanding that this involves problems of will and political interest that hinder the transformation of official institutions of the Rule of Law into a political and social practice in which justice and legality prevail. It is revealing that impunity finds its way in countries with high levels of socioeconomic inequality. In other words, as pointed out in the GII 2015 and 2017,

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Global Impunity Index 2020

and in Le Clercq (2017), democratic procedures to correct or replace dysfunctional and exclusive social structures do not operate automatically to fulfill the social function they were conceived for and to guarantee full access to security and justice understood as public assets. Any effort to address this situation must also respond to the question of why institutions subsist even when they produce political pathologies and do not deliver expected results (Le Clercq 2018c). There is not sufficient scientific literature addressing in depth the multiple power balances strengthening and causing different practices of impunity; therefore, it is necessary to take a step back and revise different theoretical approaches and hypothesis to further explore the structural and functional reasons underlying high impunity rates and leading to other social phenomena such as socioeconomic inequality.

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2. GII-2020 Methodology, Indicators, Components, and Statistical Model


The GII has measured –since 2015– comparative levels of impunity using a model that we have called “chain of impunity” which monitors a procedure that begins with the perpetration of a crime or offense, continues with a crime report and an investigation, and concludes with a judgment or procedure to redress or grant remedies to a victim. This methodology builds on the structural and functional conditions of the security, justice, and penitentiary systems of countries, as well as information on human rights violations. Given that information on these issues is incomplete or limited in many countries, for this GII edition we made an additional effort to complete outstanding information from the United Nations Office on Drugs and Crime (UNODC) databases and from a human right dimension that was calculated from the "Due process of the law and the rights of the accused" variable. Thus, we were able to calculate the impunity index of 69 countries, two more than the GII-2017 edition and twelve more than the GII-2015 edition. However, it bears mentioning that in this edition it was necessary to make important methodological adjustments, allowing us to complete information not reported to UNODC and improve the accuracy of the estimate. Figure 3. GII Dimensions and Crosscutting Axes.

GII-2020 GLOBAL IMPUNITY INDEX INDEX CONSTRUCTION

Prisoners divided by the overall penitentiary capacity

Structural Dimension

Prison staff divided by the penitentiary capacity Prison staff divided by prisoners in prisons

Police personnel or law enforcement personnel per 100,000 inhabitants

CRIME

CRIME REPORT

INVESTIGATION

DETENTION

PROCEDURE

TRIAL

JUDGMENT

PRISON

Professional judges or magistrates per 100,000 inhabitants

Functional Dimension

Individuals brought before courts divided by the number of individuals that had formal contact with the police Individuals brought before courts divided by the number of prosecutors

CRIME

CRIME REPORT

INVESTIGATION

DETENTION

PROCEDURE

TRIAL

Individuals brought before courts divided by the overall number of judges

Human Rights

JUDGMENT Percentage of individuals detained without judgment

Protection of the physical integrity of individuals

CRIME

CRIME REPORT

INVESTIGATION

DETENTION

PROCEDURE

TRIAL

Security System

JUDGMENT

PRISON Prisoners divided by individuals convicted Prisoners for homicide divided by the overall number of homicides

PRISON

Justice System

Le Clercq and Rodríguez (2017)

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Global Impunity Index 2020

Structural Dimension The structural dimension measures the installed capacities of a State to prosecute crimes and deliver justice though procedures respectful of due process. This dimension refers to the “de jure� impunity of the definition of the UNCHR and includes indicators related to material, legal, and human resources of governments, including police officers, prosecutors, judges, magistrates, anti-corruption, and transparency laws, penitentiary facilities, and the allocation of resources and budget to the justice system. Not all countries have information on all these variables so we could not use all of them to calculate the GII. In this calculation we tried to keep the same estimate used in the GII-2017; nevertheless, when there are no available or updated data, we propose an alternative model to analyze this dimension, but complying with GII's conceptual and methodological essence. The following chart shows the comparison between the GII-2017 and the GII-2020. For example, it points out that there is no updated information on the overall penitentiary capacity and, therefore, this data is replaced by weighting the number of prisoners divided by overall population. Chart 1. Indicators of the Structural Dimension. GII-2017

GII-2020

Adjustment

Police personnel or law enforcement personnel per 100,000 inhabitants

Police personnel or law enforcement personnel per 100,000 inhabitants

Prisoners divided by the overall penitentiary capacity

Prisoners divided by the overall population

There is no prison capacity variable. Therefore, the proposal is to divide by the overall population

Prison staff divided by the penitentiary capacity

Prison staff divided by the overall population

There is no prison capacity variable. Therefore, the proposal is to divide by the overall population

Prison staff divided by prisoners in prisons

Prison staff divided by prisoners in prisons

Professional judges or magistrates per 100,000 inhabitants

Professional judges or magistrates per 100,000 inhabitants

Own compilation, as per the indicators reported by the UNODC.

1. Police personnel or law enforcement personnel per 100,000 inhabitants. Means personnel in public agencies as of December 31 of the year under study, whose principal functions are the prevention, detection, and investigation of crime and the apprehension of alleged offenders per 100,000 inhabitants. 40


2. Prisoners divided by the overall population. Ratio between the number of individuals deprived of liberty in prisons, penal institutions, or correctional institutions, guilty or potentially guilty of committing a crime (it excludes people detained for administrative reasons, including people detained while their migration status is under investigation), and overall population for 2019. This indicator originally referred to total number of prisoners in prisons, but there is no update on this data, therefore, it was decided to consider the number of inhabitants in each country. 3. Prison staff divided by the overall population. Means all individuals employed in penal or correctional institutions, including management, treatment, custodial, and other personnel (maintenance, food service etc.) divided by overall population. As shown by the indicator above, the overall amount in prisons was originally considered, but this information is not updated. Therefore, the overall population was incorporated. 4. Prison staff divided by prisoners in prisons. Means the overall number of individuals employed in penal or correctional institutions divided by the overall number of prisoners. 5. Professional judges or magistrates per 100,000 inhabitants. Includes the overall number of officials as of December 31 of the year under study, including both full-time and part-time officials authorized to hear civil, criminal, and other cases in appeal courts, and to issue judgments or make dispositions in a court of law. It also includes associate judges and magistrates per 100,000 inhabitants.

Functional Dimension This dimension’s approach to impunity is based on the notion of the “de facto� impunity from the UNCHR and it measures the performance of the institutions in charge of prosecuting crimes and delivering justice, regardless of their legal framework. The structural dimension refers to the installed capacities as a way to measure the commitment of States to counter impunity. On the other hand, the functional dimension focuses on the actual results of the functioning and institutional organization in each country. Thus, each one of the variables of this dimension includes an indicator that measures the actual performance of the institutions of the justice system and how they carry out their duties.

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Global Impunity Index 2020

Chart 2. Indicators of the Functional Dimension. GII-2017

GII-2020

Individuals brought before courts divided by the overall number of judges

Individuals brought before courts divided by the overall number of judges

Prisoners divided by individuals convicted

Prisoners divided by individuals convicted

Percentage of individuals detained without judgment

Percentage of individuals detained without judgment

Prisoners for homicide divided by the overall number of homicides

Prisoners for homicide divided by the overall population

Individuals brought before courts divided by the number of individuals that had formal contact with the police

Individuals brought before courts divided by the number of individuals that had formal contact with the police

Individuals brought before courts divided by the number of prosecutors

Individuals brought before courts divided by the number of prosecutors

Adjustment

The variable of overall number of homicides was not found. Therefore, the proposal is dividing by the overall population

Own compilation, as per the indicators reported by the UNODC.

1. Individuals brought before courts divided by the number of individuals that had formal contact with the police. Ratio between individuals indicted before a judicial authority that is authorized to issue convictions under domestic criminal law, whether a conviction was upheld afterwards or not, and the individuals in formal contact with the police and/or criminal justice system (including suspects, arrested or cautioned individuals). 2. Individuals brought before courts divided by the number of prosecutors. Individuals indicted before a judicial authority divided by the number of prosecutors. The 2015 edition did not include this variable because there was no available information on the number of prosecutors. 3. Percentage of individuals detained without judgment. This is the ratio of individuals incarcerated in prisons, penal institutions, or correctional institutions awaiting first trial or adjudication by relevant authorities. 4. Prisoners divided by individuals convicted. Ratio between individuals legally deprived of liberty and individuals found guilty by any legal body duly authorized to pronounce them convicted under national law, whether the conviction was later upheld or not. The total number of persons convicted

42


includes the number convicted for serious special law offences but excludes the number convicted for minor road traffic offences and other petty offences. 5. Prisoners for homicide divided by the overall population. It is the ratio between individuals convicted for intentional homicide, defined as death deliberately inflicted on a person by another person, and the overall population. The previous indicator used the overall number of homicides as a reference. However, in this new edition we were not able to obtain this information for all countries, so we decided to consider the number of prisoners for this crime divided by the overall number of inhabitants as of 2019. 6. Individuals brought before courts divided by the overall number of judges. Individuals indicted before a judicial authority divided by the overall number of judges and magistrates.

Human Rights Dimension The assessment of the human rights situation focuses on the protection of the physical integrity of citizens. Unfortunately, States did not update this source of information in recent years, making it impossible to use it for the GII-2020 edition. However, the human rights dimension is of vital importance for our project, since it serves as a complement to analyze the behavior of the justice system as a whole and to identify the influence of State agents on impunity. For this reason, we took into consideration data reported by the World Justice Project, which measures how the public experiences and perceives the rule of law around the world based on more than 120,000 household surveys and 3,800 of experts. According to several authors, it is the world's leading source of original and independent data on the rule of law. We took into consideration the “Due process of the law and the rights of the accused� variable to make this dimension comparable with that of previous years.

GII-2020 Statistical Model Definitions The GII-2020 contains updated information for all variables as well as the most up-to-date data as of 2019. In order to have a more complete database, this report includes those countries with less than five missing values, resulting in 73 countries. Most of studies based on statistical information face multiple obstacles; one of the most common is not having a measurement, which generates empty spaces often called missings. This causes problems when analyzing the information since it is not a value of 0 as such, but an absence of information. For several decades now, there have been new ways of "filling" these empty spaces to obtain a complete data set that can serve as input for statistical models. In an estimation exercise such as the GII-2020, these drawbacks are also present.

43


Global Impunity Index 2020

However, this situation is troublesome when the number of empty spaces or missings exceeds the 15% threshold as it can affect the variable in question. For this reason, in recent times and with the help of new computer programs there has been a development of alternative ways of studying missing information in databases. The goal is to avoid bias in the estimates, the alteration of the relationship between the variables, changes in the variances, among others. The GII-2020 data also has some missing values. The first step when analyzing this data is to differentiate between missings from those that actually have a value of 0. After the completion of this process, researchers tested several methods from the simplest, consisting of assigning an average, to the most advanced that uses multivariate models. An additional element under consideration is that, from a theoretical point of view, not having information is a symptom of the failure to provide it efficiently. This should be statistically penalized as it reflects an omission on access to information. For this reason, this report uses a sub-regional average. For example, if a Central American country (Panama) had a missing value in a variable, such value was imputed considering the average of all the countries of the region. Diagram 1. Example of Imputation through Averages.

Own compilation.

Once the database was as complete as possible, then we calculated the variables according to the following logic: we applied a Min-Max normalization to all variables for the 74 selected countries. We normalized variables under the following criteria: “the larger the worse� and, finally, we calculated the index of each dimension and crosscutting axis through a simple average of all the indicators. This is, we constructed each dimension as follows:

44


ESS =

polpc + reccap + percap + perrec 4

ESS is the structural dimension of the security system; polpc is the number of police officers per 100,000 inhabitants (supplementary); reccap means the prisoners divided by the overall population; percap means prison staff divided by the overall population; and perrec means prison staff divided by prisoners in prisons.

ESJ = jpc ESJ is the structural dimension of the justice system; jpc means judges per 100,000 inhabitants.

FSS = pfcf + pftf FSS is the functional dimension of the security system; ptcf means individuals brought before courts divided by the number of individuals that had formal contact with the police; and pftf means individuals brought before courts divided by the number of prosecutors.

FSJ =

pftj + reccon + recssen + rechomh 4

FSJ is the functional dimension of the justice system; pftj means individuals brought before courts divided by the number of judges; reccon means prisoners divided by individuals convicted; recssen means percentage of individuals detained without judgment; rechomh means prisoners for homicide divided by the overall number of homicides.

DDH DDH is the human rights dimension defined by the score of the "Due process of the law and the rights of the accused" variable, included in the World Justice Project 2019. It is important to clarify that the values of the GII-2015, the GII-2017, and the GII-2020 are not comparable in statistical terms due to: 1) the methodological adjustments in the most recent estimations; 2) the inclusion of more countries for analysis and; 3) the variations in the human rights indicator. Despite this, the index is a useful resource to identify impunity levels amongst the countries, analyze variations in each case and remark structural and functional conditions in the countries whose impunity index changes or stays in the same

45


Global Impunity Index 2020

levels for both periods. In this edition we also can identify significant changes in the way information is reported, pointing out when information is related to changes of government or to omissions that have been reported from previous editions.

46



3. GII-2020 Results


The GII-2020 is a statistical model to measure and compare impunity between countries, which we call the “chain of impunity�. This chain follows the process from the commission of a crime or illicit act, to the crime report and investigation to a final judgment, or a procedure to repair the damage caused to the victim. This methodology follows the spirit of the previous versions (GII-2015 and GII2017) in the sense that it retakes the structural and functional conditions of the security, penitentiary and criminal justice systems of countries. An important challenge of this new edition is that the available information is limited and in some cases incomplete for each one of the countries. The primary source of information is the data available in the UNODC that is freely accessible. Thus, this new edition includes information from 69 countries around the world, two more than the last version of 2017. However, given the issue of lack of information some of the countries previously considered are not in the 2020 edition. The following table shows a comparison between the countries from previous versions that are not included in this version, as well as the new countries incorporated.

49


Global Impunity Index 2020

Table 1. GII-2020 and GII-2017 Results.

Country

GII-2020

Position

GII-2017

Position

Slovenia

20.26

1

37.23

3

Croatia

20.46

2

36.01

1

Greece

24.05

3

44.56

8

Bosnia and Herzegovina

25.31

4

48.17

15

Sweden

25.94

5

39.15

4

Norway

27.36

6

40.90

5

Hungary

28.34

7

51.42

26

Romania

28.89

8

48.68

16

The Netherlands

29.76

9

45.31

10

Serbia

30.97

10

47.02

12

Iceland

31.03

11

50.58

23

Estonia

31.36

12

51.37

25

Bulgaria

31.37

13

37.19

2

Montenegro

31.71

14

42.13

6

Albania

32.12

15

56.64

38

Germany

32.46

16

45.10

9

United Kingdom (England and Wales)

32.49

17

49.12

20

Slovakia

32.73

18

46.08

11

Finland

32.90

19

48.70

17

Belgium

32.97

20

Portugal

33.06

21

53.98

32

Latvia

33.14

22

50.30

22

Italy

33.78

23

53.35

29

Ukraine

33.84

24

57.26

41

Spain

34.81

25

52.31

27

50


Table 1. GII-2020 and GII-2017 Results.

Country

GII-2020

Position

GII-2017

Position

Mongolia

35.02

26

53.96

31

Lithuania

35.78

27

48.99

19

France

36.06

28

56.27

37

Scotland

36.09

29

Northern Ireland

36.61

30

50.20

21

Poland

37.20

31

47.61

14

Austria

37.24

32

47.55

13

Japan

37.67

33

54.00

33

Republic of Korea

37.71

34

59.45

47

Switzerland

38.42

35

53.04

28

Denmark

38.82

36

50.70

24

Costa Rica

39.51

37

54.57

35

United States of America

40.21

38

64.78

56

Barbados

40.48

39

48.79

18

Georgia

40.51

40

61.05

50

Belarus

41.17

41

Panama

42.54

42

63.23

54

Moldova

44.29

43

58.61

43

Singapore

44.89

44

57.21

40

Canada

45.66

45

55.27

36

Turkey

46.17

46

62.80

53

Bahrain

46.37

47

Russia

46.74

48

65.49

60

Colombia

46.88

49

66.57

61

Chile

47.63

50

59.05

45

51


Global Impunity Index 2020

Table 1. GII-2020 and GII-2017 Results.

Country

GII-2020

Position

GII-2017

Position

Kosovo

47.69

51

Palestine

47.79

52

Liechtenstein

47.83

53

Cameroon

47.87

54

69.39

66

Ecuador

48.17

55

62.72

52

Kazakhstan

48.30

56

61.04

49

Peru

48.31

57

69.04

64

Armenia

48.72

58

59.06

46

Guatemala

49.66

59

62.40

51

Mexico

49.67

60

69.21

65

Kyrgyzstan

51.80

61

Nepal

51.94

62

Guyana

52.07

63

Paraguay

53.15

64

65.38

59

Azerbaijan

54.56

65

Algeria

57.63

66

53.84

30

Morocco

58.04

67

Honduras

59.69

68

65.04

58

Thailand

62.82

69

In general, the positions of the countries do not vary much when taking into consideration the highest, intermediate and lowest groups. The variations occur within these three large groups of countries; Slovenia and Croatia lead the best ranked groups, countries that in the 2017 GII edition ranked in third and first place, respectively.

52


37.20 POLAND 37.24 AUSTRIA 37.67 JAPAN 37.71 REPUBLIC OF KOREA 38.42 SWITZERLAND 38.82 DENMARK 39.51 COSTA RICA 40.21 UNITED STATES 40.48 BARBADOS 40.51 GEORGIA 41.17 BELARUS PANAMA 42.54 MOLDOVA 44.29 44.89 SINGAPORE 45.66 CANADA 46.17 TURKEY BAHRAIN 46.37 RUSSIAN FEDERATION 46.74 46.88 COLOMBIA CHILE 47.63 KOSOVO 47.69 PALESTINE 47.79 LIECHTENSTEIN 47.83 CAMEROON 47.87 ECUADOR 48.17 KAZAKHSTAN 48.30 PERU 48.31 ARMENIA 48.72 GUATEMALA 49.66 MEXICO 49.67 KYRGYZSTAN 51.80 NEPAL 51.94 GUYANA 52.07 PARAGUAY 53.15 AZERBAIJAN 54.56 ALGERIA 57.63 MOROCCO 58.04 HONDURAS 59.69 62.82 THAILAND AUSTRALIA 28.45 37.04 DOMINICAN REPUBLIC 37.96 GRENADA TRINIDAD AND TOBAGO 41.75 41.82 ARGENTINA 42.97 CZECH REPUBLIC 45.82 VENEZUELA 46.31 BRAZIL EL SALVADOR 47.20 58.00 IRELAND 62.72 PHILIPPINES KENYA 63.56 CHINA INDIA SAUDI ARABIA INDONESIA SOUTH AFRICA N/A N/A N/A N/A N/A

20.26 SLOVENIA 20.46 CROATIA 24.05 GREECE BOSNIA AND H 25.31 25.94 SWEDEN 27.36 NORWAY 28.34 HUNGARY 28.89 ROMANIA THE NETHERLANDS 29.76 30.97 SERBIA 31.03 ICELAND 31.36 ESTONIA 31.37 BULGARIA 31.71 MONTENEGRO 32.12 ALBANIA 32.46 GERMANY ENGLAND AND WALES 32.49 SLOVAKIA 32.73 32.90 FINLAND BELGIUM 32.97 PORTUGAL 33.06 LATVIA 33.14 33.78 ITALY 33.84 UKRAINE 34.81 SPAIN 35.02 MONGOLIA 35.78 LITHUANIA 36.06 FRANCE 36.09 SCOTLAND 36.61 NORTHERN IRELAND 37.20 POLAND 37.24 AUSTRIA 37.67 JAPAN 37.71 REPUBLIC OF KOREA 38.42 SWITZERLAND 38.82 DENMARK 39.51 COSTA RICA 40.21 UNITED STATES 40.48 BARBADOS 40.51 GEORGIA 41.17 BELARUS PANAMA 42.54 MOLDOVA 44.29 44.89 SINGAPORE 45.66 CANADA 46.17 TURKEY BAHRAIN 46.37 RUSSIAN FEDERATION 46.74 COLOMBIA 46.88 CHILE 47.63 KOSOVO 47.69 PALESTINE 47.79 LIECHTENSTEIN 47.83 CAMEROON 47.87 ECUADOR 48.17 KAZAKHSTAN 48.30 PERU 48.31 ARMENIA 48.72 GUATEMALA 49.66 MEXICO 49.67 KYRGYZSTAN 51.80 NEPAL 51.94

Map 1. 2020 Global Impunity Index.

Very Low Impunity Low Impunity

Average Impunity

High Impunity

Statistical Impunity

Very Low Impunity

High Impunity Low Impunity

Statistical Impunity Average Impunity

G20 Countries with Statistical Impunity


Global Impunity Index 2020

As mentioned before, the GII is based on two dimensions: structural and functional and on two crosscutting axes on each of these dimensions: security system and justice system, as well as on a human rights dimension. The human rights dimension has changed the source of its information based on the availability and updating of data. Still, the measuring range is 0-100, where zero means inexistent impunity and 100 is the highest level of impunity in a given period. Diagram 2. 2020 Global Impunity Prism. 100

Structural

Functional 80

60

Human Rights

40

20

100

80

60

40

0

20

40

80

100

It is important to clarify that the values of the GII-2015, the GII-2017, and the GII-2020 are not comparable in statistical terms due to: 1) the methodological adjustments in the most recent estimations; 2) the inclusion of more countries for analysis and; 3) the variations in the human rights indicator. The index is a useful resource to identify impunity levels amongst the countries, analyze variations in each case, and remark structural and functional conditions in the countries whose impunity index changes or stays in the same levels for both periods. In this edition we also can identify significant changes in the way information is reported, pointing out when information is related to changes of government or to omissions that have been reported from previous editions. Unlike previous edition estimates, in this new version of 2020, Slovenia has the lowest level of impunity (20.26). This position was previously obtained by Croatia, which now ranks second on the list (20.46). On the other hand, Thailand scored a GII value of 62.82—however, this is a new country measured in this index, thus there is no previous comparison. One of the GII advantages is that it can be broken down into each of its dimensions, allowing both an individual analysis and an analysis of variables that increase or reduce impunity within the chain of impunity approach. For instance, Austria has a high index in the structural component-security system (ESS) and it has a low index in the functional component-security system (FSS). This shows that while the country has fairly sufficient resources to de-

54


liver justice, in practice authorities’ performance is not optimal. The Dominican Republic is an interesting example: it has a low index (37.25) in the structural dimension-security system (FSS), but the structural dimension-justice system (ESJ) has an index of 90.26. The interpretation of this situation indicates a lack of resources to deliver justice, and even when it has an adequate “installed capacity” in security, the next link of the chain makes it difficult to fully guarantee access to justice.

Table 2. Positioning Scheme by Dimensions. Positioning Structural

Relative Position

Region

1

Europe

2

Functional

Security System

Justice System

Security System

Justice System

Human rights

Slovenia

15

3

31

8

20

Europe

Croatia

9

2

18

3

28

3

Europe

Greece

21

4

24

12

34

4

Europe

Bosnia and Herzegovina

10

6

26

20

25

5

Europe

Sweden

8

16

53

30

1

6

Europe

Norway

1

23

53

33

4

7

Europe

Hungary

18

9

19

17

31

8

Europe

Romania

38

5

10

64

28

9

Europe

The Netherlands

16

28

39

10

6

10

Europe

Serbia

14

8

33

22

40

Country

11

Europe

Iceland

25

26

59

18

1

12

Europe

Estonia

34

21

38

24

15

13

Europe

Bulgaria

47

7

14

48

35

14

Europe

Montenegro

7

1

30

7

61

15

Europe

Albania

4

27

9

6

32

16

Europe

Germany

33

28

49

15

7

17

Europe

United Kingdom (England and Wales)

23

23

51

42

9

18

Europe

Slovakia

19

13

20

23

42

19

Europe

Finland

42

19

61

43

1

20

Europe

Belgium

24

28

48

27

13

21

Europe

Portugal

31

22

28

26

24

22

Europe

Latvia

2

15

15

13

56

23

Europe

Italy

6

20

58

28

20

24

Europe

Ukraine

29

11

36

16

43

55


Global Impunity Index 2020

Table 2. Positioning Scheme by Dimensions. Positioning

56

Structural

Relative Position

Region

25

Europe

Spain

26

Asia

Mongolia

27

Europe

28

Country

Security System

Functional Human rights

Justice System

Security System

Justice System

39

37

44

32

15

13

25

8

21

38

Lithuania

36

10

22

51

48

Europe

France

26

28

45

40

23

29

Europe

Scotland

11

57

37

53

9

30

Europe

Northern Ireland

5

50

57

56

9

31

Europe

Poland

44

14

60

54

25

32

Europe

Austria

37

59

42

45

7

33

Asia

Japan

32

39

52

50

18

34

Asia

Republic of Korea

53

53

43

14

15

35

Europe

Switzerland

35

28

41

11

37

36

Europe

Denmark

20

34

65

52

5

37

The Americas

Costa Rica

46

55

32

47

20

38

The Americas

United States of America

40

63

3

69

9

39

The Americas

Barbados

12

65

12

37

32

40

Asia

Georgia

50

49

13

46

30

41

Europe

Belarus

49

35

29

35

40

42

The Americas

Panama

59

36

17

41

39

43

Europe

Moldova

41

11

25

29

61

44

Asia

Singapore

62

62

27

66

18

45

The Americas

Canada

28

63

66

38

14

46

Asia

Turkey

43

46

34

62

45

47

Asia

Bahrain

3

46

2

4

61

48

Europe

Russian Federation

17

17

21

61

61

49

The Americas

Colombia

60

54

4

57

50

50

The Americas

Chile

22

56

62

67

25

51

Europe

Kosovo

27

18

55

19

61

52

Asia

Palestine

57

46

7

1

60

53

Europe

Liechtenstein

45

28

6

9

61

54

Africa

Cameroon

64

65

1

5

57

55

The Americas

Ecuador

55

43

50

55

45


Table 2. Positioning Scheme by Dimensions. Positioning Structural

Relative Position

Region

56

Asia

57

The Americas

58

Asia

59

The Americas

60

The Americas

61

Functional

Security System

Justice System

Security System

Justice System

Human rights

Kazakhstan

68

65

11

31

43

Peru

61

40

56

39

49

Armenia

30

45

5

2

61

Guatemala

58

51

47

60

50

Mexico

51

60

35

63

45

Asia

Kyrgyzstan

67

65

23

36

58

62

Asia

Nepal

63

65

46

44

50

63

The Americas

Guyana

48

43

63

49

55

64

The Americas

Paraguay

54

38

40

25

61

65

Asia

Azerbaijan

56

58

16

34

61

66

Africa

Algeria

52

41

69

68

36

67

Africa

Morocco

66

41

67

59

54

68

The Americas

Honduras

65

51

64

65

59

69

Asia

Thailand

69

61

68

58

50

Country

Overall Maximum and Minimum Values, by Region and Dimension Before showing the behavior of each country, it is important to assess the regional behavior. The foregoing because the results that countries show individually are related to their location. An example could be the European Union where its economic and social ties that have been set over time favor all member states. The following Diagram shows the minimum, average and maximum values of the overall behavior. Particularly, it is remarkable that the average of the justice system within the structural dimension (70.7) is close to the maximum value of 100, which indicates that this is one of the most complicated aspects when making an overall assessment. At the opposite end is the justice system where the average is close to the minimum—therefore, it is possible to infer that it is one of the aspects to which countries focus the most, resulting in a positive score. It bears mentioning that a high value means trouble, while a low value, in any dimension, means a good performance.

57


Global Impunity Index 2020

Diagram 3. GII-2020 and Dimensions of Overall Behavior (maximum, average, and minimum value).

Nepal 100

100 80

Thailand 80.7 Thailand 62.8

Average 70.7

60

Slovenia 20.3

United Statess ca a of America 2 35.2

Norway 35.7

0

GII

Algeria 68.5

Average 54.4

Average 39.9

40 20

Azerbaijan 100

ESS

Average 16.3

Average 43.5

Average 14.9

Montenegro 0.0

Cameroon 0.0

Palestine 1.6

Sweden 0.0

ESJ

FSS

FSJ

DH

The following Table shows the average values for each variable incorporated into the index. These values are taken as reference and serve as input for the preparation of the dimensions described in the previous chart. Certainly, one fact that should be noted is that the values are similar to those obtained in the GII-2017. Table 3. GII-2020 Averages. Variable Police personnel or law enforcement personnel per 100,000 inhabitants

314.9

Prisoners divided by the overall penitentiary capacity

172.9

Prison staff divided by the penitentiary capacity

65.5

Prison staff divided by prisoners in prisons

491.0

Proportion of judges

17.8

Individuals brought before courts divided by the overall number of judges

80.5

Prisoners divided by individuals convicted

1.6

Percentage of individuals detained without judgment

0.3

Prisoners for homicide divided by the overall number of homicides

4.3

Individuals brought before courts divided by the number of individuals that had formal contact with the police

5.2

Individuals brought before courts divided by the number of prosecutors Human rights 58

General

106.6 0.5


Since this year’s model is based on updated information, there are several countries included in previous editions that not part of this one, as is the case of Argentina, Brazil, El Salvador, Venezuela and, the Philippines: we call this the 'alternative model'. In order to identify the reasons why the first estimation of the index does not include these countries, this report ran an exercise sanctioning their statistical impunity (these cases are not comparable with previous ones because its statistical information presents irregularities). The only purpose of this model is to make a comparison between them. One of the most important aspects in the empirical development of the GII is that it makes a prior validation of the data from each one of the countries. This step is crucial since it allows validating and identifying atypical behaviors that can cause bias in the results and generate a panorama that does not reflect the real behavior. However, this empirical validation has a disadvantage as it excludes countries from the 2017 version, or countries whose information could be of great importance to have a global panorama of the phenomenon. The following chart describes the problems in the fifteen countries excluded for this exercise. The GII-2017 included the first twelve (which not are not included in the 2020 study), while the last three are included in both the GII-2017 and the GII-2020 and are very useful to show the behavior of the indicator worldwide, however, the lack of information destabilizes the index’s behavior. This happens as the index includes information from all countries and it is troublesome if some of them have atypical behaviors.

59


Global Impunity Index 2020

Chart 3. Countries with Inconsistencies in the Reported Information. Country

60

Comments

Argentina

It has five missing variables. It does not have the two variables of the functional dimension, "security system”, so this dimension would be empty and could substantially modify the results of the calculation.

Australia

It presents atypical figures in the number of police officers and the capacity of prison staff. The scatter diagram showed that its values could be atypical.

Brazil

It has seven variables without information.

Czech Republic

It has five missing variables. It does not have the two variables of the functional dimension, "security system”, so this dimension would be empty and could substantially modify the results of the calculation.

Dominican Republic

It only has one variable of the structural dimension, «security system», which has no value. This means that it would not be included in the model, affecting the essence of the index.

El Salvador

It has a very high number of homicides. It expands off-limits out of the limits in the scatter box.

Grenada

It does not have information on the structural dimension, «security system».

Ireland

It has five missing variables.

Kenya

It has atypical values in the variables “Individuals brought before courts divided by the overall number of judges” and “Individuals brought before courts divided by the number of prosecutors”

The Philippines

It as atypical values in the variable “Individuals brought before courts divided by the number of individuals that had formal contact with the police”

Trinidad and Tobago

It has atypical values in the variable “Prisoners divided by individuals convicted”.

Venezuela

It has eight variables with missings.

Canada

It has little information in the variable of judges, affecting the structural dimension, «justice system». According to the quartile analysis, when comparing with other countries, its value is very close to Q1, which is very low. The overall judges and the overall prison staff, related to the SSE dimension, are also very low. Together, these three values result in a score that places the country amongst the worst ranked.

Austria

Large parts of its indicators have average values in all the variables. In the overall number of judges and staff in courts, its value is below the average. The joint effect of these variables locates this country in the third group, unlike the previous edition where it was in the first places.

Russian Federation

In general, the data for Russia is above the international average and, in some cases, for instance, in the number of prison staff is in the range of Q3, its general ranking places it in the first positions, unlike the previous version where it appeared in the last ones.


Although these countries are not included in the 2020 version, it is inevitable to ask what would happen if they were included? What would their behavior? We conducted an exercise based only these countries to answer these questions. This restriction guarantees that the GII results are not affected, yet it is very useful to get a sense about the behavior in these countries. The following table shows the results: Table 4. Results of countries with inconsistency in reported information GII-2020. Country

GII-2020

Australia

28.45

Canada

36.46

Dominican Republic

37.04

Grenada

37.96

Russian Federation

40.37

Trinidad and Tobago

41.75

Argentina

41.82

Austria

42.33

Czech Republic

42.97

Venezuela

45.82

Brazil

46.31

El Salvador

47.20

Ireland

58.00

Philippines

62.72

Kenya

63.56

What is interesting about this exercise is that Australia and Canada are the two best performing countries, despite their data problems, while the Philippines and Kenya are the worst ranked. Certainly, these results are consistent with the results of the GII-2017 and show that, despite the lack or deficiency in information, their behavior reflects the phenomenon of impunity. This also shows the theoretical-methodological strength of the GII, as its scheme allows incorporating countries, even when they have major information gaps.

61


Global Impunity Index 2020

Results by Region

Africa On the behavior of the GII-2020 dimensions, the average of the four dimensions is close to the maximum values: security system, justice and human rights. The statistical bias where there is a tendency to high values shows that this continent needs to address some issues. This situation becomes more evident when looking at the global GII-2020 average (54.5), which is closer to the maximum (58.0) than the minimum (47.9). Diagram 4. GII-2020 and Dimensions in Africa (maximum, average, and minimum value). Cameroon 100

100 80 60 40

Morocco 58.0 Average 54.5

47.9 Cameroon

Morocco 72.9 Average 68.3

Average 88.8 83.2 Algeria Cameroon

Algeria 68.5

61.6 Algeria

Cameroon 63.0

Average 40.5

Algeria 31.4 Average 19.8

20 0

GII

ESS

ESJ

0.0 Cameroon

5.8 Cameroon

FSS

FSJ

When focusing on the countries incorporated to the GII-2020, it shows that, as in the 2017 version, it includes the evaluation of only three countries. The reason is the same as the one described in the last edition, the lack of reliable information, since many of the countries lacked data, or they reported atypical figures when compared to other countries in the world. Another aspect that draws attention is that these three countries obtained high ratings, placing them among the nations with the greatest impunity problems. This is consistent with the previous table describing the maximums and minimums.

62

Average 55.1 43.5 Algeria

DH


Diagram 5. GII-2020 in Three African Countries. 100 80

Morocco

20

58.03

47.87

Algeria

40

57.63

Cameroon

60

Table 5. GII-2020: Dimensions in Africa.

Variable

General

Africa

Police personnel or law enforcement personnel per 100,000 inhabitants

314.9

190.2

Prisoners divided by the overall penitentiary capacity

172.9

160.2

Prison staff divided by the penitentiary capacity

65.5

25.9

Prison staff divided by prisoners in prisons

491.0

170.9

Proportion of judges

17.8

8.4

Individuals brought before courts divided by the overall number of judges

80.5

136.4

Prisoners divided by individuals convicted

1.6

2.5

Percentage of individuals detained without judgment

0.3

0.3

Prisoners for homicide divided by the overall number of homicides

4.3

1.6

Individuals brought before courts divided by the number of individuals that had formal contact with the police

5.2

1.0

Individuals brought before courts divided by the number of prosecutors

106.6

481.7

0.5

0.4

Human rights

63


Global Impunity Index 2020

The Americas The results of the GII-2020 for this region show that there is a bias towards the maximum values in the structural dimension of the security system, since its score is 88.5. On the opposite side, the justice system is one of the best evaluated with an average value of 20.9 and the minimum is 11.4, so there is only a difference of 9.5 points between one value and another. This means that this dimension is one of the best evaluated. Diagram 6. GII-2020 and Dimensions in the Americas (maximum, average, and minimum value).

100 80 60 40 20

Paraguay 100

Barbados 100

Honduras 59.7 Average 47.4 39.5 Costa Rica

Average 88.5

Honduras 72.1 Average 59.7

76.2 Panama

45.7 Barbados

United States of America 35.2

Average 20.1

0

GII

Barbados 51.0

ESS

ESJ

Average 20.9 11.4

12.0

1.5 United States of America

Paraguay

United States of America

FSS

FSJ

DH

When observing the results of the fourteen evaluated countries, it is shown that their values are in a range that goes from 39.5 (Costa Rica) to 59.7 (Honduras). The index’s range goes from zero to one hundred, so it is feasible to assume that the nations of the Americas are in the middle. This is consistent with the results of the initial table where it is evident that not all dimensions presented serious problems. Consequently, a statistical trade-off results in these nations being in the middle ranks.

64

Average 47.8


Diagram 7. GII-2020 in Fourteen Countries of the Americas. 100

48.2

48.3

49.7

49.7

52.1

53.1

Ecuador

Peru

Guatemala

Mexico

Guyana

Paraguay

59.7

47.6

Chile

Honduras

46.9

Colombia

42.5

Panama

45.7

40.5

Barbados

0

40.2

20

USA

40

Costa Rica 39.5

60

Canada

80

Table 6. GII-2020: Dimensions in the Americas.

General

The Americas

Police personnel or law enforcement personnel per 100,000 inhabitants

314.9

300.1

Prisoners divided by the overall penitentiary capacity

172.9

260.5

Prison staff divided by the penitentiary capacity

65.5

59.2

Prison staff divided by prisoners in prisons

491.0

297.4

Proportion of judges

17.8

6.4

Individuals brought before courts divided by the overall number of judges

80.5

99.5

Prisoners divided by individuals convicted

1.6

4.9

Percentage of individuals detained without judgment

0.3

0.4

Prisoners for homicide divided by the overall number of homicides

4.3

13.8

Individuals brought before courts divided by the number of individuals that had formal contact with the police

5.2

13.3

Individuals brought before courts divided by the number of prosecutors

106.6

128.5

0.5

0.4

Variable

Human rights

65


Global Impunity Index 2020

Asia-Pacific The regional behavior from the GII-2020 data shows that most of the problems are in the structural dimension since its two components: the security system (61.3) and the justice system (88.7) show that the average has a bias towards the maximum values. However, the rest of the dimensions have values located in the middle. Consequently, there is a polarization in the results of the evaluated countries, that is, some of them are located in the lowest positions, while others are in the highest. Diagram 8. GII-2020 and Dimensions in Asia-Pacific (maximum, average, and minimum value).

100 Thailand 80.7

80 60

Thailand 62.8

35.0 Mongolia

Average 88.7

Average 61.3

Average 46.7

40 20

3 countries** 100

3 countries* 100

68.2 Mongolia

Thailand 59.2 Average 57.6 Singapore 30.8

40.0 Bahrain Average 11.9

0

1.1 Bahrain

GII

ESS

* Kazakhstan/Kyrgyzstan/Nepal

ESJ

FSS

Average 14.2 1.6 Palestine

FSJD

** Bahrain/Armenia/Azerbaijan

From the fourteen evaluated countries, Mongolia and Japan had the highest results, while Azerbaijan and Thailand had the highest score were. In fact, the latter is the one that holds the highest place on the world scale with a rating of 62.8. In a panoramic view of the results of the entire continent, it is feasible to assume that it is a highly polarized region, since it has some of the countries with the least degree of impunity and others that present serious problems.

66

15.2 Republic of Korea

H


Diagram 9. GII-2020 in 14 Asian Countries. 100

62.8 Thailand

54.6

51.8 Kyrgyzstan

Azerbaijan

48.7 Armenia

51.9

48.3 Kazakhstan

Nepal

47.8

46.2 Bahrein

Palestine

46.2 Turkey

40.5 Georgia

44.9

37.7

37.7

Republic of Korea

0

Japan

20

Mongolia

40

35

60

Singapore

80

Table 7. GII-2020: Dimensions in Asia.

General

Asia-Pacific

Police personnel or law enforcement personnel per 100,000 inhabitants

314.9

266.3

Prisoners divided by the overall penitentiary capacity

172.9

193.5

Prison staff divided by the penitentiary capacity

65.5

53.2

Prison staff divided by prisoners in prisons

491.0

413.6

Proportion of judges

17.8

7.2

Individuals brought before courts divided by the overall number of judges

80.5

77.9

Prisoners divided by individuals convicted

1.6

1.4

Percentage of individuals detained without judgment

0.3

0.2

Prisoners for homicide divided by the overall number of homicides

4.3

2.3

Individuals brought before courts divided by the number of individuals that had formal contact with the police

5.2

6.3

Individuals brought before courts divided by the number of prosecutors

106.6

62.6

0.5

0.4

Variable

Human rights

67


Global Impunity Index 2020

Europe Based on the results of the GII-2020, it is striking that the structural dimension has the greatest problems. This is because the security and justice systems have average values that are close to the maximums. However, the rest of the indicators show the opposite behavior, that is, their average values are close to the minimum values, meaning a good performance. When analyzing the average, it shows that data of the entire region (33.6) is slightly loaded towards the minimum value (35.7), so it is feasible to assume that, in general, all the countries of this region have a good performance. Diagram 10. GII-2020 and Dimensions in Europe (maximum, average, and minimum value). 4 countries* 100

Austria 91.2

100 80 60

Liechtenstein 47.8

40 20

Average 33.6

Belarus 58.5 Average 56.1

Average 48.8

Denmark 48.5

Average 14.5

20.3 Eslovenia

0

GII

ESS

Average 12.6

0.0 Montenegro

2.8 Liechtenstein

5.6 Croatia

ESJ

FSS

FSJ

* Republic of Moldova/Russian Federation/Kosovo/Liechtenstein

This edition includes the analysis of 38 countries. It is striking that most of these countries are in the best positions, that is, their impunity level is one of the lowest. In fact, Slovenia is the country that has the best position in the world with a value of 20.3. This situation shows that, unlike other continents, this presents a more homogeneous behavior in the results, showing a good performance in general terms. One hypothesis of this situation is that their close commercial and cultural relationship result in a better development of the institutions, reducing impunity.

68

Average 35.8

Romania 26.9

35.7 Norway

0.0 Sweden

DH


Diagram 11. GII-2020 in 38 Countries in Europe.

Table 8. GII-2020: Dimensions in Europe.

General

Europe

Police personnel or law enforcement personnel per 100,000 inhabitants

314.9

345.5

Prisoners divided by the overall penitentiary capacity

172.9

134.1

Prison staff divided by the penitentiary capacity

65.5

72.1

Prison staff divided by prisoners in prisons

491.0

587.8

Proportion of judges

17.8

23.7

Individuals brought before courts divided by the overall number of judges

80.5

69.4

Prisoners divided by individuals convicted

1.6

0.3

Percentage of individuals detained without judgment

0.3

0.2

Prisoners for homicide divided by the overall number of homicides

4.3

1.8

Individuals brought before courts divided by the number of individuals that had formal contact with the police

5.2

1.8

Individuals brought before courts divided by the number of prosecutors

106.6

95.1

0.5

0.5

Variable

Human rights

69


Global Impunity Index 2020

Correlation Analysis The statistical tools of Pearson's correlation coefficient, for clearly linear relationships, and Spearman's correlation coefficient (a correlation that uses ranges instead of gross values), for nonlinear relationships allowed to create a relationship between the GII-2020 and other indicators. Diagram 12. GII Relationship and Gini Index.

50

45

Gini

40

35

30

25 20

30

40

GII

50

60

Correlation between the 2020 Global Impunity Index and the Gini coefficient.

In the same way as in the 2015 and 2017 editions, there is a correlation between income inequality, the Gini index and the GII. There is a positive correlation of 0.51 between the two index (p value <0.01). We draw from the analysis that countries with greater income inequality have greater impunity. Undoubtedly, this information shows that impunity and income inequality are related.

70


Diagram 13. Relationship between GII and GDP Per Capita.

100000

GDP per capita

75000

50000

25000

0 20

30

40

GII

50

60

Correlation between the 2020 Global Impunity Index and GDP per capita.

Diagram 12 shows a very weak linear relationship between each country's GDP per capita and its GII. However, when using the Spearman correlation there is a negative correlation of -0.498 (p value <0.01). Impunity reduces the possibilities of individuals to get out of their condition of poverty and feeds the reproduction and deepening factors (Galvรกn and ร lvarez, 2000). Diagram 14. GII Relationship and Perception of Corruption.

Perception of Corruption

80

60

40

20 20

30

40

GII

50

60

Correlation between the 2020 Global Impunity Index and the Corruption Perception Index from Transparency International.

71


Global Impunity Index 2020

The relationship between the GII and the perception of corruption (the larger it is, the lower the perception) shows that impunity leads the population to have greater distrust in institutions. Diagram 13 shows that there is a Spearman correlation of -0.51 (p value <0.01), that is, the greater the impunity, the lower the index of perception of corruption. Diagram 15. GII Relationship and Democracy Index. 10

Democracy Index

8

6

4

20

30

40

GII

50

60

Correlation between the Global Impunity Index 2020 and the Democracy Index from The Economist Intelligence Unit.

Non-democratic states are often seen as non-transparent states and, therefore, with a high degree of impunity in certain areas. Diagram 14 shows a correlation of -0.501 (p value <0.01) between the democracy index and impunity. In other words, the less democratic a society is, the more impunity there is. In addition to the univariate analyzes (correlation analysis), the multivariate regression shows how the independent variables are related to each other and the independent variable.

72


Table 9. Coefficients of Multiple Linear Regression. Estimate

Standard Deviation

Percentage of Value

Intercep

30.9884123

7.9978455

0.000317

GDP Per Capita

-0.0001042

0.0001725

0.548657

Democracy Index

-2.7829092

1.2152553

0.026367

Perception of Corruption

0.1348988

0.1529297

0.382031

Gini

0.6439938

0.1819316

0.000889

Table 8 shows that, together, GDP per capita and perception of corruption are not significant at a significance level of 5%, that is, these two variables are not related to the GII when they are considered together with the Gini and the index of democracy. Table 10. Multiple Linear Regression Coefficients. Estimate

Standard Deviation

Percentage of Value

Intercep

33.3672

7.4025

0.0000386

Democracy Index

-2.3238

0.638

0.000632

Gini

0,6125

0.1502

0.000159

The final model shows the democracy index and the Gini index as significant. When there is a one-point increase in the democracy index (this index has a score of zero to ten) there is a 2.32 decreasing trend in the GII. This shows the importance of democracy in the fight against impunity. Also, when there is a ten-point increase in the Gini index (this index has a score of zero to one hundred), then there is an increase of 6.125 in the GII. In other words, inequalities affect the structure of the fight against impunity in countries.

73


Information by Country



Slovenia ranks as the 1st out of 69 countries with lesser impunity worldwide. In the Global Impunity Index of 2017, it ranked third out of 67 countries, and obtained a score of 37.23, whereas, in the new calculation of the GII-2020, a total value of 20.26 is reported. The country is located in the southeast part of Europe, in the border of the Balkan Peninsula. It is surrounded by Italy, Austria, Hungary, and Croatia. It is divided in twelve political districts, with a population of 2.1 million of inhabitants. It forms part of the European Union. The form of its government is a democratic parliamentary republic, created under the Constitution of 1991, which has experienced several amendments. The executive branch resides in the president, who is the Head of the State and the commander in chief of the armed forces. The legislative branch is bicameral; the National Assembly and the National Council form the parliament.

eral courts are divided in local, district and superior courts, and the Supreme Court. In 2017, after the ballotage, Borut Pahor renewed his term of office for five more years. After the resignation of the prime minister due to the annulment of a referendum on the railroad project, the country was involved in negotiations that lasted three months in order to elect a new prime minister. Marjan Sarec, who lost the presidential election against Pahor, was elected for the position. In economic terms, the GDP per capita (2018) of Slovenia is of 26,124.0 USD, the Gini index is situated in 23.7 (2018), seven tenths below the previous year. Twenty percent 20% of the richest people had, that year, an income 3.4 times above 20% of the poorest people. There was a significant reduction in the five variables analyzed of the GII-2020; however, the most relevant changes are found at functional level, with a security system that produces values of 9.84, and a justice system of 6.93. In the structural dimension, there is a reduction of 15 points, diminishing from 62.16 for the justice system in 2017, up to 46.43 in 2020.

The judicial branch establishes that the Supreme Court is the highest court in the country. The judges are proposed by the Judicial Council and approved by the National Assembly propose them. The judicial system is formed by general and specialized courts. The specialized courts hear cases related to labor, social and administrative law, whereas the gen-

2020 201 7 COUNTRY 76

01

â„– / 69 VALUE 20.26 VALUE 37.23 â„– / 67

03

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Slovenia GII and Dimensions Indicator

Value

Positioning

GII-2020

20.26

1

Structural-security system

46.43

15

Structural-justice system

14.19

3

Functional-security system

9.84

31

Functional-justice system

6.93

8

23.91

20

Human rights

Component Indicators Indicator

Value

69-Country Average

394.68

314.86

63.31

172.90

Prison staff divided by the penitentiary capacity

Accused

65.47

Prison staff divided by prisoners in prisons

Accused

490.95

42.77

17.83

13.13

80.52

Prisoners divided by individuals convicted

0.19

1.55

Percentage of individuals detained without judgment

0.21

0.27

Prisoners for homicide divided by the overall number of homicides

0.91

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

1.20

5.23

54.06

106.55

0.70

0.47

Police personnel or law enforcement personnel per 100,000 inhabitants Prisoners divided by the overall penitentiary capacity

Proportion of judges Individuals brought before courts divided by the overall number of judges

Individuals brought before courts divided by the number of prosecutors Human rights

77


Croatia ranks as the 2nd out of 69 countries that had enough information to calculate the GII-2020. In the 2017 edition, it ranked as the first out of 67 countries analyzed. In this edition, the area of the structural dimension of the security system (43.72) obtained the worst score. Croatia borders to the northeast by Hungary, to the west by Serbia, to the southeast by Bosnia and Herzegovina and Montenegro, to the northeast by Slovenia, and to the southeast by the Adriatic Sea, where it shares the maritime boundary with Italy. It has a territorial extension of 56,594 km2, and its population amounts to 4.076 million people. Croatia is a republic that defines itself as a unitary and indivisible State, democratic and social, with a mixed form of government; this is, between a semi-presidential and parliamentary government. It has only one legislative chamber, formed by 151 members, of which eight seats are assigned to ethnic minorities and three of them to Croatians residing abroad. The current constitution dates back to 1990, and recognizes the separation of branches, the rule of law, the fundamental rights of civil and political nature, the multiparty system and a series of rights. The judicial duties are

2020 201 7 COUNTRY 78

conferred upon judges appointed by the National Judicial Council of the State. In the exercise of their duties, judges must be independent, autonomous and enjoy immunity pursuant to the law. The ballotage of presidential elections was held on January 5, 2020, and the leader of the Social Democratic Party, SDP, Zoran Milanovic, defeated the candidate of the conservative party, and became the new president of Croatia, which means a new change in the policy of Croatia. According to the most current data of the World Bank, its gross domestic product (GDP) was of 60.972 billion dollars, with a GDP per capital of 14,000 USD. Notwithstanding the above, the value that this country obtains in the Gini index up to its last recorded measurement (2015) is of 31.1; the above indicates that inequality is increasing. The data of the GII-2020 fix a total value of 20.46, and indicate that the structural dimension concentrates the highest values, where the security system (43.72) is stressed. Likewise, the area of human rights (32.61) must also be addressed. In order for Croatia to maintain itself within the countries with less impunity, it must address the structural level, and keep maintaining itself in this same manner, even with the new presidential administration of Zoran Milanovic.

02

â„– / 69 VALUE 20.46 VALUE 36.01 â„– / 67

01

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Croatia GII and Dimensions Indicator

Value

Positioning

GII-2020

20.46

2

Structural-security system

43.72

9

13.15

2

Functional-security system

7.20

18

Functional-justice system

5.63

3

32.61

28

Structural-justice system

Human rights

Component Indicators 69-Country Average

Indicator

Value

Police personnel or law enforcement personnel per 100,000 inhabitants

496.23

314.86

75.25

172.90

Prison staff divided by the penitentiary capacity

Accused

65.47

Prison staff divided by prisoners in prisons

Accused

490.95

43.29

17.83

9.12

80.52

Prisoners divided by individuals convicted

0.22

1.56

Percentage of individuals detained without judgment

0.25

0.27

Prisoners for homicide divided by the overall number of homicides

1.11

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

1.15

5.23

26.61

106.55

0.62

0.47

Prisoners divided by the overall penitentiary capacity

Proportion of judges Individuals brought before courts divided by the overall number of judges

Individuals brought before courts divided by the number of prosecutors Human rights

79


Greece ranks as the third out of 69 countries that had enough statistical information to calculate the GII-2020. In the last edition, it ranked as the 8th out of 67 countries. The structural dimension of the security system (48.05) obtained the worst score. With nearly eleven million inhabitants, Greece is a country that has great geopolitical power due to its location between Europe, Asia and Africa. It shares borders with Albania, Northern Macedonia, Bulgaria and Turkey. Its territory, of 131,957 km2, comprises more than five thousand islands, even though only 225 of them have inhabitants. Athens is both the capital city and the most populated city of the country, whereas Crete is the larger island, with greater population. Its form of government is a parliamentary republic. The head of government is the prime minister; the legislative branch is unicameral with 300 seats, 280 members in only one national district are directly elected by the vote of proportional representation from an open list of parties, and 8 members in unipolar districts, who are elected by simple majority of votes.

known as “Areios Pagos”, with 56 judges (including the president), the Council of State, an administrative court formed by the president, 7 vice-presidents, 42 private advisors, 48 councilors and 50 associate judges. Finally, the Court of Audit is formed by the president, five vice-presidents, twenty councilors and ninety associate and reporting judges. Now then, as of 2008, it has experienced an economic recession. Its external debt has increased, insofar that it is one of the major beneficiaries of the loans of the EU or the IMF. This is reflected in the Gini index, ranking as the 36th place (2015), which indicates a great gap of inequality. Its GDP per capita (2018) is of 20,324.3 USD. However, since 2017, Greece has increased its GDP and has reduced its unemployment rate. In terms of impunity, the results show that in Greece, the GII-2020 value is of 24.05. Even though the structural and functional dimensions of the index performed better than the average index of the region, this is not the case in the area of human rights (39.13). In fact, Amnesty International has recommended Greece to implement policies in matters of gender equality, refugees and immigration, and in crimes of hatred and racism.

Furthermore, the judicial system is divided in three supreme courts: the Supreme Civil and Criminal Court,

2020 201 7 COUNTRY 80

03

№ / 69 VALUE 24.05 VALUE 44.56 № / 67

08

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Greece GII and Dimensions Indicator

Value

Positioning

GII-2020

24.05

3

Structural-security system

48.05

21

Structural-justice system

17.07

4

Functional-security system

8.24

24

Functional-justice system

7.75

12

39.13

34

Human rights

Component Indicators Indicator

Value

69-Country Average

510.65

314.86

Prisoners divided by the overall penitentiary capacity

95.58

172.90

Prison staff divided by the penitentiary capacity

42.98

65.47

449.71

490.95

41.33

17.83

Individuals brought before courts divided by the overall number of judges

Accused

80.52

Prisoners divided by individuals convicted

Accused

1.56

Percentage of individuals detained without judgment

0.32

0.27

Prisoners for homicide divided by the overall number of homicides

0.78

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

Accused

5.23

Individuals brought before courts divided by the number of prosecutors

Accused

106.55

0.56

0.47

Police personnel or law enforcement personnel per 100,000 inhabitants

Prison staff divided by prisoners in prisons Proportion of judges

Human rights

81


Bosnia and Herzegovina ranks as the 4th out of 69 countries analyzed in the GII2020. In the previous edition of the index, it ranked as the 15th out of the 67 countries included. The structural variable of its security system had the worst scoring, 45.19. Located in the Balkans, Bosnia and Herzegovina has a population of 3,835,586 inhabitants. It is bordered by the Adriatic Sea and Croatia, and is divided in the Federation of Bosnia and Herzegovina, and the Republic of Srpska. The form of its government is the parliamentary republic. The division of powers in the country is influenced by its history. The executive branch is formed by a presidency of three members that represent three nations: Bosnia, Serbia, and Croatia. They are directly elected through the system of simple majority for a period of four years, and the person who obtains the greater number of votes leads it. The legislative branch is a bicameral parliament formed by the House of Peoples and the House of Representatives. The former is formed by fifteen seats elected for periods of four years. The second is formed by 42 seats, elected for periods of four years: 28 members for the Federation of Bosnia and Herzegovina, and fourteen of the

2020 201 7 COUNTRY 82

Republic of Srpska. The judicial branch is formed by the Constitutional Court of Bosnia and Herzegovina, with nine members, and by the Court of Bosnia and Herzegovina, with 44 national judges and seven international judges. The justice system within the country has experienced a transformation, starting with the support from the European Union through a series of recommendations presented in the Justice Sector Reform Strategy (2014-2018) and the recent implementation of the EU4 Justice Program. The GDP per capita of the country is situated in 6,065 USD, according to the World Bank, this figure has increased since 2015, which is positive, insofar that the standard of living was considered low. Furthermore, the Gini index (2011) is of 33.0, and is considered as a middle-high income country. The total score of the index is of 25.31 points, which situates it with low impunity levels in the global scope, and below the regional average in Europe (33.6). It is required observing closely the changes that could create the programs implemented with the support of the European Union, and the manner in which this affects the variables analyzed in the next editions of the GII. Currently, the dimensions most affected by impunity are at the structural level, and in matters of human rights.

04

â„– / 69 VALUE 25.31 VALUE 48.17 â„– / 67

REGIONAL

15

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Bosnia and Herzegovina GII and Dimensions Indicator

Value

Positioning

GII-2020

25.31

4

Structural-security system

45.19

10

Structural-justice system

31.99

6

Functional-security system

8.96

26

Functional-justice system

9.99

20

30.43

25

Human rights

Component Indicators Indicator

Value

69-Country Average

463.16

314.86

85.79

172.90

Prison staff divided by the penitentiary capacity

Accused

65.47

Prison staff divided by prisoners in prisons

Accused

490.95

Proportion of judges

33.90

17.83

Individuals brought before courts divided by the overall number of judges

15.59

80.52

Prisoners divided by individuals convicted

0.17

1.56

Percentage of individuals detained without judgment

0.15

0.27

Prisoners for homicide divided by the overall number of homicides

1.27

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

1.24

5.23

46.65

106.55

0.64

0.47

Police personnel or law enforcement personnel per 100,000 inhabitants Prisoners divided by the overall penitentiary capacity

Individuals brought before courts divided by the number of prosecutors Human rights

83


Sweden ranks as the 5th out of 69 countries that had enough statistical information for the calculation of the GII-2020. In the edition of 2017, it ranked as the fourth out of 67, among the countries with a very low level of impunity. The structural dimension of the justice system (53.78) was the area that had the worst score. Its population is of 10.12 million inhabitants, and it has a long coastline of 7,625 km. This line forms the eastern boundary of the Scandinavian Peninsula. To the south, it is bordered by the Oresund Strait, to the south and to the west, it is bordered by the Skagerrak and Kattegat Straits. To the west side, it has a coast to the Baltic Sea and the Gulf of Bothnia. It has approximately 221,800 islands and islets. The form of its government is a constitutional monarchy, based on the precepts of a parliamentary democracy. There is a cabinet of ministers entrusted with the affairs of the government; and this group is leaded by the prime minister. Both the prime minister and the cabinet must render account on their decisions before the Riksdag, this is, the parliament.

2020 201 7 COUNTRY 84

With respect to the monarchy, Charles XVI is the king of Sweden since 1973. However, he has no competition, his duties are mainly established by protocol, and he has a moderating function. The prime minister is appointed by the president and ratified by the Parliament. The parliament is unicameral since 1971, and is formed by 349 members elected by direct suffrage. The Ministry of Justice is the agency responsible for the affairs regarding the courts of law, including the procedural codes and the organization of the courts. However, neither the Government nor any other institution has the power to decide on the manner in which the courts must adjudge specific cases. The data of the World Bank indicate that the GDP per capita is of 53,442.01 USD, which represents a good indicator of the standard of living. In relation thereto, the Gini index (2018) is equal to 25.7, which indicates that the gap of inequality between poor and rich is not that great. The results of the GII-2020 show that Sweden has a score of 25.94, and ranks among the countries with less impunity issues, both worldwide and in the region, even though there are structural problems in security (42.90) and in justice (53.78). With respect to the GII-2017, the score was of 39.15. Thus, we can conclude that efforts have been made to reduce the existing issues related to impunity.

05

â„– / 69 VALUE 25.94 VALUE 39.15 â„– / 67

04

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Sweden GII and Dimensions Indicator

Value

Positioning

GII-2020

25.94

5

Structural-security system

42.90

8

Structural-justice system

53.78

16

Functional-security system

21.03

53

Functional-justice system

11.98

30

Human rights

0.00

1

Component Indicators Indicator

Value

69-Country Average

196.69

314.86

Prisoners divided by the overall penitentiary capacity

56.92

172.90

Prison staff divided by the penitentiary capacity

60.50

65.47

1,062.84

490.95

23.04

17.83

Accused

80.5

Prisoners divided by individuals convicted

0.10

1.56

Percentage of individuals detained without judgment

0.27

0.27

1.13

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

Accused

5.23

Individuals brought before courts divided by the number of prosecutors

Accused

106.55

0.92

0.47

Police personnel or law enforcement personnel per 100,000 inhabitants

Prison staff divided by prisoners in prisons Proportion of judges Individuals brought before courts divided by the overall number of judges

Prisoners for homicide divided by the overall number of homicides

Human rights

85


Norway ranks as the 6th out of 69 countries that had enough statistical information for the calculation of the GII-2020. In the previous edition, it ranked 5th out of 67 countries. The structural dimension of the justice system (66.31) had the worst score.

Norway held parliamentary elections at the end of 2017. As the result of such process, the center-right coalition, leaded by the conservatives, maintained itself in power by narrow margin of difference. Furthermore, the Progress Party, a membership of xenophobe nature that governs in coalition with the conservatives; it was the third force most voted in the country, following the trend on the increase of right-wing parties in Europe.

With nearly five million inhabitants, this country is located in Europe, and forms part of the Scandinavian Peninsula and shares borders with Finland, Sweden, and the Russian Federation.

Norway is a very prosperous country, in economic terms, according to the data of the World Bank. Its GDP per capita is of 61,414 USD. Likewise, its Gini index is situated in 27.5, and shows that, even though social inequality is not as marked as in other countries, this is a problem that continues.

It is a constitutional monarchy, with a parliamentary system of government. The duties of the king are essentially ceremonial, insofar that the Norwegian constitution is based on the principle of separation of powers. The executive branch resides in the prime minister and in the Council of State. The parliament, entrusted to the legislative branch, has 165 members elected through a proportional representation system. Likewise, the judicial branch has been entrusted with different courts, being the Supreme Court of Norway the highest judicial level of the country, with powers to resolve whether the cabinet has acted according to the law, and whether the parliament has approved a legislation consistent with the constitution.

2020 201 7 COUNTRY 86

In matters of impunity, its total value in the GII-2020 is of 27.36, below the European average, which is of 33.6. The structural dimension had the highest values: the justice system (66.31), and the security system (35.65). In general terms, this is a stable country, but some challenges for the future continue. Furthermore, in the next years it will be necessary to observe closely the impact that the new political trends may have on this area.

06

â„– / 69 VALUE 27.36 VALUE 40.90 â„– / 67

05

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Norway GII and Dimensions Indicator

Value

Positioning

GII-2020

27.36

6

Structural-security system

35.65

1

Structural-justice system

66.31

23

Functional-security system

21.03

53

Functional-justice system

12.70

33

1.09

4

Human rights

Component Indicators Indicator

Value

69-Country Average

159.94

314.86

62.71

172.90

85.46

65.47

Prison staff divided by prisoners in prisons

1,362.88

490.95

Proportion of judges

Accused

17.83

Individuals brought before courts divided by the overall number of judges

Accused

80.52

Prisoners divided by individuals convicted

0.05

1.56

Percentage of individuals detained without judgment

0.22

0.27

Prisoners for homicide divided by the overall number of homicides

0.52

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

Accused

5.23

Individuals brought before courts divided by the number of prosecutors

Accused

106.55

0.91

0.47

Police personnel or law enforcement personnel per 100,000 inhabitants Prisoners divided by the overall penitentiary capacity Prison staff divided by the penitentiary capacity

Human rights

87


In GII-2020, Hungary ranks as the 7 th out of 69 countries evaluated. In the prior edition, it ranked as the 26th of 67. Its structural security system (47.48) was the area that obtained the worst score.

Its population is of 9.8 million people, with a GDP per capita of 29,479 USD. In 2018, its GDP grew at a speed of 5.1%, however, a slowdown was foreseen for 2019 in an average of 4.6%, and for 2020, it dropped down to 2.8%. This is due to the worldwide trends, and due to the fact that the current government has showed a more reluctant stance to international commerce.

This country is located in Central Europa, borders to the north by Slovakia, to the northeast by Ukraine, to the east by Romania, to the south by Serbia, Croatia and Slovenia, and to the west by Austria.

In the GII-2020, Hungary produced a total result of 28.34, indicating that the structural level reached the highest values, 47.48 for the security system, and 40.71 for the justice system, just like the dimension of human rights (36.96). These values are related to the strict control in the reception of refugees, with restrictive measures that place immigrants in a vulnerable position, and even criminalizes non-government organizations that offer support to refugees. In this case, it would be pertinent to establish policies to improve the situation of immigrants, but it would also would make the Hungarian society more open and, therefore, to recover, in this manner, the infringements they have experienced during the last two years, thus violating human rights of both of foreigners and nationals.

It has a parliamentary government, with a head of state and a head of government. It has 19 districts and 23 cities, including Budapest, which possess a power equal to the power of a district. It is a member of the EU since 2003. The rule of law has become eroded upon the implementation of changes in the court system, wherein the government instrumentalities may file appeals and file the case before the Institutional Court, where most of the judges have a close relationship with the government. These actions have caused criticisms from the European Council, insofar that they violate the balance of powers. It was also implemented a law that grants power to the government to control the media, and persons who have a close relationship with the government have bought different media channels, thus weakening the opening up of the media in such country.

2020 201 7 COUNTRY 88

07

â„– / 69 VALUE 28.34 VALUE 51.42 â„– / 67

26

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Hungary GII and Dimensions Indicator

Value

Positioning

GII-2020

28.34

7

Structural-security system

47.48

18

Structural-justice system

40.71

9

Functional-security system

7.35

19

Functional-justice system

9.22

17

36.96

31

Human rights

Component Indicators Indicator

Value

69-Country Average

Police personnel or law enforcement personnel per 100,000 inhabitants

411.09

314.86

Prisoners divided by the overall penitentiary capacity

179.08

172.90

90.89

65.47

507.52

490.95

Proportion of judges

29.55

17.83

Individuals brought before courts divided by the overall number of judges

25.84

80.52

Prisoners divided by individuals convicted

0.25

1.56

Percentage of individuals detained without judgment

0.19

0.27

2.50

4.34

1.31

5.23

33.41

106.55

0.58

0.47

Prison staff divided by the penitentiary capacity Prison staff divided by prisoners in prisons

Prisoners for homicide divided by the overall number of homicides Individuals brought before courts divided by the number of individuals that had formal contact with the police Individuals brought before courts divided by the number of prosecutors Human rights

89


Romania ranks as the 8th out of 69 countries in the calculation of the GII2020. In the edition of 2017, it ranked as the 16th out of 67 countries. Its structural system of security (53.47) was the worst evaluated area. It is located to the southeast of Europa, bordered by the Ukraine, the Republic of Moldavia, Hungary, Serbia, Bulgaria, and by Black Sea. Its territorial extension is of 238,391 km2 , and its population amounts to 19,473,936 inhabitants. It constitutionally defines itself as a national State, sovereign and independent, unitary and indivisible. The form of government of the Romanian State is a republic, divided in the legislative, executive and judicial branches. The Supreme Court of Cassation and Justice holds the highest position in the hierarchy of the courts of law of the country. This institution guarantees the interpretation and unitary application of the law by other courts of law. The judicial system is supplemented by fifteen appeal courts, to which the ordinary and specialized courts are subordinated, 42 district courts (plus Bucharest), and four special courts, which preside minor cases. 176 trial courts are subordinated to the district courts.

2020 201 7 COUNTRY 90

The political scene is dominated by the bipartisan of the Social Democratic Party and the National Liberal Party. During the last days, there have been talks about a fall of the current Government, with the follow-up of a censorship motion towards the opposition to prevent a polemical electoral reform only ten months away from the end of its government. The implementation of a ballotage for the election of majors would leave the SDP without a great part of the municipal councils where it wins by simple majority, thus favoring the NLP. This destabilizes the country, in political terms, and gives rise to democratic uncertainty. According to the most current data of the World Bank, in 2018, the GDP was of 239.553 billion dollars, and had a GDP per capita of 11,290 USD. The above notwithstanding, its Gini index is of 35.1. The above indicates that inequality is on the rise. The data presented in the GII-2020 (28.89) indicate that, in order to situate itself within the first ranks and being considered a low-impunity country, the structural level must be addressed, insofar that the highest values are concentrated therein, 53.47 for the security system and 27.16 for the justice system. With respect to human rights (32.61), this area records values that deserve to be addressed, above all, in view of the new challenges posed by the end of the current government, and by the potential victory of the opposition.

08

â„– / 69 VALUE 28.89 VALUE 48.68 â„– / 67

16

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Romania GII and Dimensions Indicator

Value

Positioning

GII-2020

28.89

8

Structural-security system

53.47

38

Structural-justice system

27.16

5

Functional-security system

4.27

10

Functional-justice system

26.94

64

Human rights

32.61

28

Component Indicators 69-Country Average

Indicator

Value

Police personnel or law enforcement personnel per 100,000 inhabitants

246.03

314.86

Prisoners divided by the overall penitentiary capacity

121.10

172.90

Prison staff divided by the penitentiary capacity

63.40

65.47

523.58

490.95

36.30

17.83

Individuals brought before courts divided by the overall number of judges

9.06

80.52

Prisoners divided by individuals convicted

0.71

1.56

Percentage of individuals detained without judgment

0.05

0.27

Prisoners for homicide divided by the overall number of homicides

1.48

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

3.04

5.23

24.97

106.55

0.62

0.47

Prison staff divided by prisoners in prisons Proportion of judges

Individuals brought before courts divided by the number of prosecutors Human rights

91


The Kingdom of the Netherlands ranks as the 9th out of 69 countries in the GII-2020. In the edition of 2017, it ranked as the 10th out of 67 countries. The area that had the worst evaluation was the structural dimension of the justice system, with a score of 72.45. It is a member of the European Union. It is located at the northwest of Europa; it is bordered by Belgium, Germany, and the North Sea. The origin of its name is due because a portion of the northern and western part of the territory is located below the sea level. In 2018, it had a population of approximately 17 million people. This constitutional monarchy has a division of powers, wherein the executive branch is leaded by a king (head of state), who appoints the prime minister as head of state for four years. This prime minister must be part of the majority party or coalition in the parliament. The legislative branch is bicameral, formed by the Lower House (Tweede Kamer, 150 members) and the Upper House (Eerste Kamer, 75 members), which members are elected by proportional representation. The judicial branch resides in the Supreme Court (Hoge Raad, 41 judges), that presides over civil, criminal, tax, and ombuds cases.

2020 201 7 COUNTRY 92

In 2018, the Senate approved a Bill to Implement the Fourth Anti Money Laundering Directive of the European Union. The measures presented are aimed to halt the use of money for terrorist purposes. The Netherlands is one of the founders of the International Monetary Fund; it is the seat of several international organizations, especially of judicial nature, such as the International Court of Justice, the Permanent Court of Arbitration, the International Criminal Court, the International Criminal Tribunal for the Former Yugoslavia, the Hague Conference on International Private Law, and the Hague Academy of International Law. The Hague is also located there, in the Organisation for the Prohibition of Chemical Weapons. According to the World Bank (2018), it has a GDP of 913 billion dollars and a GDP per capita of 53,024 USD. Its Gini is of 28.2 (2015), and has an unemployment percentage of 3.8, almost 3 points below the average of the European Union (6.5). The Kingdom of the Netherlands has, in the GII-2020, a total score of 29.76, and, just like other countries, it has problems at structural level: 47.39 in the security system, and 72.45 in the justice system. The recommendation is to improve the latter dimension by fulfilling the number of professional magistrate judges per each one hundred thousand inhabitants.

09

â„– / 69 VALUE 29.76 VALUE 45.31 â„– / 67

10

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


The Netherlands GII and Dimensions Indicator

Value

Positioning

GII-2020

29.76

9

Structural-security system

47.39

16

Structural-justice system

72.45

28

13.13

39

7.12

10

8.70

6

Functional-security system Functional-justice system Human rights

Component Indicators Indicator

Value

69-Country Average

356.32

314.86

61.20

172.90

Prison staff divided by the penitentiary capacity

Accused

65.47

Prison staff divided by prisoners in prisons

Accused

490.95

Proportion of judges

Accused

17.83

44.44

80.52

Prisoners divided by individuals convicted

0.12

1.56

Percentage of individuals detained without judgment

0.26

0.27

Prisoners for homicide divided by the overall number of homicides

0.77

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

2.70

5.23

Accused

106.55

0.84

0.47

Police personnel or law enforcement personnel per 100,000 inhabitants Prisoners divided by the overall penitentiary capacity

Individuals brought before courts divided by the overall number of judges

Individuals brought before courts divided by the number of prosecutors Human rights

93


Serbia ranks as the 10th out of 69 countries that had enough statistical information to calculate the GII-2020. In the prior edition, it ranked as the 12th out of 67 countries. Its worst area evaluated was the structural dimension of the justice system (46.06). It is located in Eastern Europa. It is bordered, to the east, by Romania and Bulgaria, to the west by Montenegro, Croatia and Bosnia Herzegovina, to the south by Macedonia and Albania. In 2019, the population of Serbia amounted to seven million. Serbia is a unicameral parliamentary regime, the head of State is the president of the Republic, and the head of Government is the prime minister. The legislative branch is unicameral, and is represented by the National Assembly; whereas the judicial branch is autonomous and has its seat in the Constitutional Court. The current Constitution of Serbia was approved in 2006 with a separation of powers. The dynastic rights are vested upon the prince Aleksandar Karadjorjevic, who participates in official acts, notwithstanding the republican form of government. The Parliament of Kosovo proclaimed its independence under the name of the Republic of Kosovo on February of 2008, which is not recognized by Serbia.

2020 201 7 COUNTRY 94

At the beginning of 2018, the Project «Judicial Efficiency» was carried out, which purposes, among others, were to harmonize legal precedents, improve the general performance of courts and public prosecutors' offices, including the management of human resources. Upon its implementation, 1.4 million pending cases were reduced to 655,000. The Serbian economic activity continues to expand, notwithstanding its temporary deceleration in 2017, and is supported on the increase of investment and the improvement of exports with respect to imports. According to the date of the World Bank, the GDP per capita (2018) is of 7,246.7 USD, which, in comparative terms, is one of the lowest in the Balkans, and has a less egalitarian distribution than other countries of the region, with a Gini Coefficient (2015) set in 39.6. The GII-2020 ranked Serbia among the ten first countries with a low impunity level, its total value was of 30.97; the functional dimension concentrates the lowest values, with 10.11 for the security system, and 10.26 for the justice system. In comparison, the structural dimension stands out with its high values, 46.06 in security and 38.43 in justice; notwithstanding the foregoing, the most alarming area are human rights, where it obtained 50.00, which is associated to the perception that a sentence can be imposed without any specific evidence.

10

№ / 69 VALUE 30.97 VALUE 47.02 № / 67

REGIONAL

12

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Serbia GII and Dimensions Indicator

Value

Positioning

GII-2020

30.97

10

Structural-security system

46.06

14

Structural-justice system

38.43

8

10.11

33

Functional-justice system

10.26

22

Human rights

50.00

40

Functional-security system

Component Indicators Indicator

Value

69-Country Average

483.64

314.86

123.20

172.90

Prison staff divided by the penitentiary capacity

Accused

65.47

Prison staff divided by prisoners in prisons

Accused

490.95

Proportion of judges

30.69

17.83

Individuals brought before courts divided by the overall number of judges

15.64

80.52

Prisoners divided by individuals convicted

0.31

1.56

Percentage of individuals detained without judgment

0.14

0.27

Prisoners for homicide divided by the overall number of homicides

1.07

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

1.17

5.23

55.63

106.55

0.46

0.47

Police personnel or law enforcement personnel per 100,000 inhabitants Prisoners divided by the overall penitentiary capacity

Individuals brought before courts divided by the number of prosecutors Human rights

95


Iceland ranks as the 11th out of 69 countries that had enough statistical information to calculate the GII-2020. In the prior edition, it ranked as the 23rd out of 67 countries. Its area that scored the worst was the structural dimension of the justice system (69.82). With approximately 356,991 people, this country is not very populated, and maintains a low population density: three inhabitants per km2: 120 million. Its capital city is Reykjavik, and its currency is the Iceland kronas. Because it is located in the Mid-Atlantic Ridge, this country has a high volcanic and geological activity. It is a parliamentary republic, governed by the Constitution, which became effective when the country gained its full independence (1944). It has no armed forces, except for 130 members of the coastguard service, but it is a member of the North Atlantic Treaty Organization (NATO). Currently, the parliament has 63 members elected for a maximum period of four years. The president is elected by direct voting for a term of office of four years. The government and local councils are elected by separate in the presidential elections every four years.

In 2008, the financial system experienced a standstill, causing a great economic contraction and demonstrations, which resulted in bringing forward the parliamentary elections. In parallel with these events, the «Iceland Revolution» became more important, this is, a series of protests and citizen uprisings that lead to the impeachment of the former prime minister of Iceland. This crisis led to a citizen process that gave rise to amendments to the Constitution and, from then on, the economic has had a significant recovery, mainly due to an increase in tourism. Its GDP per capita is of 70,056.87 USD (2017). Iceland is one of the countries that are taken as reference because, notwithstanding the economic crisis that they experienced in 2008, and even though they could not manage to save their banks, they were able to save their economy. The Gini index is situated in 24.4, which makes this country one of the countries with less levels of inequality. In terms of impunity, the results show that the total value for Iceland was of 31.03, and this ranks it among the countries with less impunity problems worldwide, and reflects that Iceland is a role model for many other countries. However, it is required to maintain the political will and tools, such as the legislation, just as they have done until now, notwithstanding that the index also indicates issues at the structural level: security (49.42) and justice (69.82), due to its high values.

2020 201 7 COUNTRY 96

11

№ / 69 VALUE 31.03 VALUE 50.58 № / 67

23

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Iceland GII and Dimensions Indicator

Value

Positioning

GII-2020

31.03

11

Structural-security system

49.42

25

Structural-justice system

69.82

26

Functional-security system

26.31

59

Functional-justice system

9.60

18

Human rights

0.00

1

Component Indicators Indicator

Value

69-Country Average

Police personnel or law enforcement personnel per 100,000 inhabitants

191.13

314.86

Prisoners divided by the overall penitentiary capacity

38.64

172.90

Prison staff divided by the penitentiary capacity

33.33

65.47

862.60

490.95

Proportion of judges

15.04

17.83

Individuals brought before courts divided by the overall number of judges

36.07

80.52

0.05

1.56

Percentage of individuals detained without judgment

0.17

0.27

Prisoners for homicide divided by the overall number of homicides

0.88

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

2.08

5.23

230.00

106.55

0.00

0.47

Prison staff divided by prisoners in prisons

Prisoners divided by individuals convicted

Individuals brought before courts divided by the number of prosecutors Human rights

97


Estonia ranks as the 12th out of 69 countries that had enough statistical information to calculate the GII-2020. In the prior edition, it ranked as the 25th out of 67 countries. Its area that scored the worst was the structural dimension of the justice system (65.19). With approximately 1,228,624 inhabitants, the Republic of Estonia is located in Eastern Europe, bordered by the Baltic Sea and the Gulf of Finland, between Latvia and the Russian Federation. Its form of government is the parliamentary republic. There exists a division of powers, where the president is indirectly elected by the Parliament for a period of five years. Likewise, the cabinet appointed by the prime minister must be approved by the Parliament. The unicameral Parliament is represented by 101 members directly elected in districts of several seats with the vote of proportional representation for four years. It is based on a civil-law justice system, accepting the mandatory jurisdiction of the CIJ, but with reservations.

World Factbook. One of the major problems that affect Estonia are illegal drugs, according to the CIA World Factbook, it is an important producer, and drug trafficking is one of its main problems. The security policy of Estonia is to maintain its independence, sovereignty, territorial integrity, constitutional order, and public security. Therefore, it acknowledges that its membership in the NATO and the EU has helped it to fulfill these objectives. Estonia has a modern market-based economy, and enjoys one of the highest levels of income per capita in Central Europe and in the Baltic region. According to the data of the World Bank, its GDP per capita is of 23,266.35 USD, and has certain range of social inequality among the population, reflected in the Gini index, situated in 34.70. The results of Estonia, in terms of impunity show that it obtained a value of 31.36 for the GII-2020, in the area of human rights, it has a score of 15.22, taking into account that the area that show the worst score is closer to 100, in this area, there are no mayor problems. However, it could implement public policies to improve the structural security system (52.41) and the justice system (65.19).

The last amendment made to the constitution took place in 2016, through a referendum, as per the data of the CIA

2020 201 7 COUNTRY 98

12

â„– / 69 VALUE 31.36 VALUE 51.37 â„– / 67

25

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Estonia GII and Dimensions Indicator

Value

Positioning

GII-2020

31.36

12

Structural-security system

52.41

34

Structural-justice system

65.19

21

Functional-security system

12.95

38

Functional-justice system

11.05

24

Human rights

15.22

15

Component Indicators Indicator

Value

69-Country Average

Police personnel or law enforcement personnel per 100,000 inhabitants

293.82

314.86

Prisoners divided by the overall penitentiary capacity

194.32

172.90

Prison staff divided by the penitentiary capacity

91.35

65.47

Prison staff divided by prisoners in prisons

470.11

490.95

Proportion of judges

17.35

17.83

Individuals brought before courts divided by the overall number of judges

64.30

80.52

Prisoners divided by individuals convicted

0.34

1.56

Percentage of individuals detained without judgment

0.20

0.27

Prisoners for homicide divided by the overall number of homicides

2.19

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

1.33

5.23

88.02

106.55

0.78

0.47

Individuals brought before courts divided by the number of prosecutors Human rights

99


Bulgaria ranks as the 13th out of 69 countries that had enough statistical information to calculate the GII-2020. In the edition of 2017, it ranked as the 2nd out of 67 countries. The area that had the worst score was the structural dimension of the justice system (57.95). It is located to the southeast of Europe; it is bordered by Romania, to the east by the Black Sea, to the south by Turkey and Greece, and to the west by Serbia and North Macedonia. It has a surface of 110,993.6 km2, and its population amounts to 7,024,216 people. Once the Constitution was approved in July of 1991, Bulgaria established itself as a parliamentary republic, unitary and democratic. The National Assembly is unicameral, and is formed by 250 representatives, who are elected by universal suffrage for a period of four years. The judicial branch is independent, and is formed by the Supreme Court of Cassation, the Superior Administrative Court, and by the appeal, regional, military and district courts. According to the amendment to the Constitution of 1991, the Supreme Judicial Council was created. This is a permanent body that represents the judicial branch and guarantees its autonomy, establishes its membership and

2020 201 7 COUNTRY 100

its workload management, and manages its activity without interfering in the independence of all the bodies that make it up. The main challenges of the current politics of Bulgaria are two: the energy dossier, even though, during the last years, some projects have been carried out to improve it, which indicates a great dependency on foreign suppliers, mainly Russia. On the other hand, the demography is a challenge for the medium and long-term, insofar that the population of the country constantly decreases, partly due to emigration and the low birthrate. According to the most current data of the World Bank, in 2018, the GDP per capita was of 8.86 billion dollars, and its Gini index is of 38.3. This situates it in a highly centralized economy, planned for an open and free market system, with an upper-middle income economy. In the GII-2020 Bulgaria obtained a total value of 31.37, closer to the average in the region (33.6), and thus, it must maintain the strength of the functional dimension of its justice system (17.16) and of its security system (5.58), which have the lowest scores of the variables analyzed in the GII. It must concentrate itself in the creation of public policies aimed to reduce the deficiencies indicated in its high score in the structural dimension, not disregarding human rights (40.22).

13

№ / 69 VALUE 31.37 VALUE 37.19 № / 67

02

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Bulgaria GII and Dimensions Indicator

Value

Positioning

GII-2020

31.37

13

Structural-security system

57.95

47

Structural-justice system

35.94

7

Functional-security system

5.58

14

Functional-justice system

17.16

48

40.22

35

Human rights

Component Indicators 69-Country Average

Indicator

Value

Police personnel or law enforcement personnel per 100,000 inhabitants

404.26

314.86

Prisoners divided by the overall penitentiary capacity

99.83

172.90

Prison staff divided by the penitentiary capacity

23.47

65.47

235.12

490.95

Proportion of judges

31.93

17.83

Individuals brought before courts divided by the overall number of judges

15.25

80.52

Prisoners divided by individuals convicted

0.24

1.56

Percentage of individuals detained without judgment

0.09

0.27

Prisoners for homicide divided by the overall number of homicides

1.47

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

1.35

5.23

Individuals brought before courts divided by the number of prosecutors

17.53

106.55

Human rights

0.55

0.47

Prison staff divided by prisoners in prisons

101


Montenegro ranks as the 14th out of 69 countries which statistical information was necessary and sufficient to calculate the GII-2020. In the previous edition, it ranked as the 6th out of 67 countries. The total value obtained was of 31.71, and the area with the worst score was the area of human rights. The country is located to the south of Europe, and is bordered by Serbia and Bosnia Herzegovina to the north, by the territory of Kosovo to the east, by Albania to the south, and by the Adriatic Sea to the west. It has a population of 622,387 inhabitants. Its territory is divided in 23 municipalities that make up 40 cities. Montenegro is a Parliamentary Republic. The Constitution of 2007 defines the State as a civil, democratic and environmentally friendly state based on the rule of law. The executive branch resides on the president, who represents the country abroad. The Parliament is formed by 81 members directly elected for a period of four years. The judicial branch is exercised by a series of autonomous and independent courts.

2020 201 7 COUNTRY 102

Currently, the president is Milo Djukanovic, who has held this position since 2018, and who was previously president during the period from 1998 to 2002, and held the position of prime minister seven times, held a referendum in his fourth term of office to declare the independence of Serbia in 2006. In 2008, Montenegro presented itself as a candidate to the membership of the European Union. Two years later, it was recognized as a candidate, and its annexation is expected in 2025. The country has a score of 31.9 in the Gini index; the level of inequality is the same one with which the impunity study was prepared in 2017. In economic terms, the GDP per capita (2018) is of 8,844.2 USD, whereas its GDP is of 5.504 billion USD, an increase with respect to the 4.663 billion USD reported in 2016. The most significant and contrasting change of the results of Montenegro in the GII-2020 corresponds to the structural level. On one hand, the security system (42.77) obtained one of the highest values and, at the same time, the justice system (0.00) reported the lowest value of all. In this last category, a great progress has been shown in comparison with the GII-2017, where a score of 30.19 was reported. Finally, human rights must be addressed, insofar that it obtained the highest possible score (100), due to the existence of serious violations to international humanitarian law, where freedoms and minorities are relinquished.

14

â„– / 69 VALUE 31.71 VALUE 42.13 â„– / 67

06

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Montenegro GII and Dimensions Indicator

Value

Positioning

31.71

14

42.77

7

Structural-justice system

0.00

1

Functional-security system

9.69

30

6.11

7

100.00

61

GII-2020 Structural-security system

Functional-justice system Human rights

Component Indicators Indicator

Value

69-Country Average

Police personnel or law enforcement personnel per 100,000 inhabitants

651.77

314.86

Prisoners divided by the overall penitentiary capacity

178.19

172.90

Prison staff divided by the penitentiary capacity

78.03

65.47

437.89

490.95

49.84

17.83

Individuals brought before courts divided by the overall number of judges

13.51

80.52

Prisoners divided by individuals convicted

0.30

1.56

Percentage of individuals detained without judgment

0.27

0.27

Prisoners for homicide divided by the overall number of homicides

2.39

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

0.85

5.23

35.83

106.55

0.00

0.47

Prison staff divided by prisoners in prisons Proportion of judges

Individuals brought before courts divided by the number of prosecutors Human rights

103


Albania ranks as the 15th out of 69 countries that had enough statistical information to calculate the GII-2020. In the previous edition, it ranked as the 38th out of 67 countries. The area that scored the worst was the structural dimension of the justice system (72.35). With nearly 3,074,579 inhabitants, and twelve states, the Republic of Albania is a country located in Southeastern Europe, bordered by the Adriatic Sea and the Ionian Sea, between Greece to the south, and by Montenegro Kosovo to the north. Its constitution was promulgated on November 28, 1998. It is a parliamentary republic, with a division of powers. The executive branch is represented by the president of the Republic (head of State). The prime minister is appointed by the president according to the proposal of the party or coalition with majority in the Assembly. There is a Council of Ministers proposed by the prime minister, appointed by the president and approved by the Assembly.

Instance, and the specialized Courts in corruption and organized crime matters. During the last twenty years, the Democratic Party and the Socialist Party of Albania have taken turns in power. On March 5, 2020, the Parliament of Albania approved a law of special application to increase the powers of the police to «fight organized crime» until the end of this year. Thus, the set of rules grant powers to the police to attach properties of alleged criminals, and to order them not to change their addresses without their permit. According to the data of the World Bank, it has a stable market economy; its GDP per capita (2019) reached 5,448 USD. However, it has a significant range of social inequality, as reflected in the Gini (2017), which is situated in 33.2. Thus, Albania continues to be a country that shows inequality in Europe. In terms of impunity, the results of the GII-2020 situate it with a total value of 32.12, and indicate that its main problems are found at the structural level, obtaining 72.35 for the justice system, and 40.13 for the security system, and thus, it is suggested to make changes and take into account new public policies to improve this situation.

The legislative branch is unicameral. The Parliament is formed by 140 representatives, directly elected and by proportional representation for a period of four years. The judicial branch is formed by the Supreme Court, the Constitutional Court, the Appellate Courts, the Courts of First

2020 201 7 COUNTRY 104

15

№ / 69 VALUE 32.12 VALUE 56.64 № / 67

38

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Albania GII and Dimensions Indicator

Value

Positioning

GII-2020

32.12

15

Structural-security system

40.13

4

Structural-justice system

72.35

27

Functional-security system

4.26

9

Functional-justice system

5.83

6

38.04

32

Human rights

Component Indicators Indicator

Value

69-Country Average

Police personnel or law enforcement personnel per 100,000 inhabitants

369.71

314.86

Prisoners divided by the overall penitentiary capacity

196.95

172.90

Prison staff divided by the penitentiary capacity

137.60

65.47

698.63

490.95

Proportion of judges

13.78

17.83

Individuals brought before courts divided by the overall number of judges

40.19

80.52

Prisoners divided by individuals convicted

0.38

1.56

Percentage of individuals detained without judgment

0.41

0.27

Prisoners for homicide divided by the overall number of homicides

2.36

4.34

2.17

5.23

18.49

106.55

0.57

0.47

Prison staff divided by prisoners in prisons

Individuals brought before courts divided by the number of individuals that had formal contact with the police Individuals brought before courts divided by the number of prosecutors Human rights

105


Germany ranks as the 16th out of 69 countries that had enough statistical information to calculate the GII-2020. In the previous edition, it ranked as the 9th out of 67 countries. The area that scored the worst was the structural dimension of the justice system (72.45). With 83 million inhabitants, is the most populous country among the member states of the European Union, and is home of the third largest group of international emigrants. Berlin is its capital city. Germany is formed by sixteen federal states (Bundesländer) and is bordered, to the north by the North Sea, Denmark and the Baltic Sea; to the west by Poland and the Czech Republic, to the south by Austria and Switzerland, and to the west by France, Luxembourg, Belgium, and the Netherlands. Germany is a federal, democratic, representative and parliamentary republic, with a head of Government (the chancellor), and a head of State (the president), whose main duties are representative responsibilities. The legislative branch is vested in the parliament, formed by the Bundestag and the Bundesrat that form one single type of legislative body.

2020 201 7 COUNTRY 106

At the end of 2019, the election of the candidates of the antiestablishment, Norbert Walter-Borjans and Saskia Esken leaded the SPD pressed Angela Merkel, head of the Executive branch, insofar that the new SPD intends to renegotiate the coalition agreement it executed with the conservatives (CDU/CSU) more than a year ago to imprint it with a more social nature. The data of the World Bank indicate that the GDP per capita (2018) is of 47,603.0 USD, and its Gini index (2016) situated in 31.9. In the last quarter of 2018, the German GDP contracted in 0.2%, and did not recover its growth in the first three months of 2019. Even though the standard of living of its inhabitants is good, German industrial production is experiencing a sensitive moment. Another factor that affected the German economy was the uncertainty due to the Brexit. In terms of impunity, the results show that the total result in the GII-2020 is of 32.46, and implies that it is required to review the structural level of the security system (51.60), and of the justice system (72.45). This situates Germany among the countries that have average indicators. Even though this was a difficult year for Germany in economic matters, it is undeniable that it is still a role model for other States, as well as a European power with international weight. Therefore, to improve its rank in the GII, it requires to assess the structure of its justice system.

16

№ / 69 VALUE 32.46 VALUE 45.10 № / 67

09

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Germany GII and Dimensions Indicator

Value

Positioning

GII-2020

32.46

16

Structural-security system

51.60

33

Structural-justice system

72.45

28

18.93

49

8.42

15

10.87

7

Functional-security system Functional-justice system Human rights

Component Indicators Indicator

Value

69-Country Average

295.27

314.86

Prisoners divided by the overall penitentiary capacity

75.32

172.90

Prison staff divided by the penitentiary capacity

43.45

65.47

576.83

490.95

Accused

17.83

43.42

80.52

Prisoners divided by individuals convicted

0.08

1.56

Percentage of individuals detained without judgment

0.21

0.27

Prisoners for homicide divided by the overall number of homicides

0.97

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

2.62

5.23

163.65

106.55

0.82

0.47

Police personnel or law enforcement personnel per 100,000 inhabitants

Prison staff divided by prisoners in prisons Proportion of judges Individuals brought before courts divided by the overall number of judges

Individuals brought before courts divided by the number of prosecutors Human rights

107


England and Wales ranks as the 17 th out of 69 countries that had enough statistical information to calculate the GII-2020. In the previous edition, it ranked as the 20th out of 67 countries. The area that scored the worst was the structural dimension of the justice system (66.31). The United Kingdom is formed by England, Wales and Scotland (Great Britain), and Northern Ireland. The population of England reaches 55,977,200 inhabitants; the population of Wales is of 3,138,600 inhabitants. It is a unitary State, comprised by four nations that form constitute it: Scotland, Wales, England, and Northern Ireland. The government is a parliamentary system, and London is the seat of the government and the capital city, but it has three decentralized national administrations in Edinburg, Cardiff and Belfast, which correspond to the capital cities of Scotland, Wales and Northern Ireland, respectively. It operates as a parliamentary monarchy, and Queen Elizabeth II is the head of State. All parliamentary bills require the royal assent to become a law.

term to hold a position in the parliament. However, the law sets forth that, every five years, a new election will be held. The political union of countries that, in the past, were independent countries created the legal system. Currently, the country has three different legal systems: first, the English Law, second, the Northern Irish Law, and last, the Scottish Law. In 2009, there were amendments to the constitution that gave rise to the creation of a new Supreme Court that would assume the appeal functions of the Appellate Committee of the House of Lords. The GDP per capita of the United Kingdom is of 39,720.44 USD, and its Gini index is situated in 32.80, which indicates that no great gap exists between rich and the poor. However, the existing difference is relevant. The value produced by the GII-2020 is of 32.49; with respect to the structural dimension of its justice system, it obtained a score of 66.31, meaning that the justice system requires a systematic adjustment to reach a lower level of impunity. Otherwise, this could represent a serious problem in the access to justice.

The Parliament has two houses: the House of Commons and the House of Lords. The prime minister and the cabinet constitute the executive branch. There is no minimum

2020 201 7 COUNTRY 108

17

â„– / 69 VALUE 32.49 VALUE 49.12 â„– / 67

20

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


England and Wales GII and Dimensions Indicator

Value

Positioning

GII-2020

32.49

17

Structural-security system

48.74

23

Structural-justice system

66.31

23

Functional-security system

19.73

51

Functional-justice system

15.73

42

Human rights

11.96

9

Component Indicators Indicator

Value

69-Country Average

Police personnel or law enforcement personnel per 100,000 inhabitants

209.87

314.86

Prisoners divided by the overall penitentiary capacity

140.78

172.90

Prison staff divided by the penitentiary capacity

Accused

65.47

Prison staff divided by prisoners in prisons

Accused

490.95

Proportion of judges

Accused

17.83

55.17

80.52

0.06

1.56

Percentage of individuals detained without judgment

0.11

0.27

Prisoners for homicide divided by the overall number of homicides

1.23

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

1.02

5.23

Accused

106.55

0.81

0.47

Individuals brought before courts divided by the overall number of judges Prisoners divided by individuals convicted

Individuals brought before courts divided by the number of prosecutors Human rights

109


Slovakia ranks as the 18th out of 69 countries from which enough statistical information was obtained to calculate the GII-2020. In the previous edition, it ranked as the 11th out of 67 countries that were evaluated in matters of impunity. The area that scored the worst was human rights (50.64). It has 5.13 million inhabitants. This country located in Central European, member of the European Union. It does not have a coast, and is bordered by Poland to the north, to the west, by the Czech Republic and Austria, to the south by Hungary, and to the east by Ukraine. Its form of government is the parliamentary republic, with a multiple party system. There exists a division of powers, formed by the prime minister as the head of government, and a president as the head of State. The latter is directly elected by popular vote, and appoints the prime minister. The highest legislative body is the National Council of the Slovak Republic, unicameral, formed by 150 members. The judicial body with the highest hierarchy is the Constitutional Court, entrusted with constitutional matters, formed by thirteen members appointed by the president from a list of candidates submitted by the Parliament. Since 2002, due to decentralizing reasons, it is divided in

2020 201 7 COUNTRY 110

eight higher territorial units and their respective autonomous regions. Each one has its own council and president. The purpose is establishing a regional level of self-government. Its GDP per capita is of 17,604.95 USD. There is a significant gap between the richest and the poorest sectors of the population, according to the data of the OECD, 60% of the lowest-income households have, in fact, 26% of the net wealth, whereas 10% of the richest households possess 34% of the wealth. This can be reflected in the Gini index, which is of 26.5. In 2019, the human rights were put at risk when the Parliament rejected the ratification of the Istanbul Convention, and with the persistence of the concern caused by the discrimination towards the Romany community, the excessive use of force by the police, and the continuous accusations of irregularities in public contracting. In terms of impunity, the results show that the value of the GII-2020 is of 32.73, and even though it is located in the continent with the lowest levels of global impunity, the structural dimension concentrates very high values: 47.65 (security) and 47.35 (justice), which must be considered to obtain a better rank in the index.

18

â„– / 69 VALUE 32.73 VALUE 46.08 â„– / 67

REGIONAL

11

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Slovakia GII and Dimensions Indicator

Value

Positioning

GII-2020

32.73

18

Structural-security system

47.65

19

Structural-justice system

47.35

13

7.59

20

10.41

23

50.64

42

Functional-security system Functional-justice system Human rights

Component Indicators 69-Country Average

Indicator

Value

Police personnel or law enforcement personnel per 100,000 inhabitants

403.52

314.86

Prisoners divided by the overall penitentiary capacity

192.01

172.90

Prison staff divided by the penitentiary capacity

96.37

65.47

Prison staff divided by prisoners in prisons

501.91

490.95

Proportion of judges

26.24

17.83

Individuals brought before courts divided by the overall number of judges

23.25

80.52

Prisoners divided by individuals convicted

0.38

1.56

Percentage of individuals detained without judgment

0.16

0.27

Prisoners for homicide divided by the overall number of homicides

1.47

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

1.30

5.23

35.50

106.55

0.00

0.47

Individuals brought before courts divided by the number of prosecutors Human rights

111


Finland ranks as the 19th out of 69 countries in the GII-2020, whereas in the GII-2017, it ranked as the 17 th out of 67 countries. The area with the worst score was the structural dimension of the justice system, with a score of 62.10. With 5.5 million people, Finland forms part of the European Union and is located to the north of Europe, bordered by Russia, Sweden and Norway. It was part of Sweden until 1809, when it as annexed to the Russian Empire, and formed part of the Grand Duchy of Finland (autonomous entity of Russia until 1917, when it gained its independence). Finland is a Parliamentary Republic divided in 317 municipalities. Its Executive branch is leaded by a prime minister (currently, a female prime minister), and by the cabinet. The prime minister is the leader of the majority party after an election, and shares the government duties with the cabinet of ministers. Its legislative body is the Parliament, formed by 200 members that elected every four years under the D’Hondt method. It also has a president, who is the head of State. Its justice system functions independently, and is formed by a supreme court of justice and district courts (27), regional courts (6), and appeal courts (6). Finland also has a special office for the Ombudsman, an independent official

2020 201 7 COUNTRY 112

elected by the parliament, entrusted with the supervision of public officials, and the protection of both constitutional and human rights. Finland is frequently used as example due to its economic performance, competitiveness and innovation. It has been difficult for it to recover from the global financial crisis and the Eurozone crisis. This makes it vulnerable to the international situation. In addition, Finland was penalized by the Russian sanctions against countries of the EU. According to the data of the World Bank, its GDP per capita is of 276 billion dollars (2018), whereas its GDP per capita is of 50,152 USD (2018). Inequality, in terms of wealth, is not very high, with a Gini index of 27.1. Finland has a total score of 32.90 in the GII-2020, a score almost one point above Europe (33.6). It had a strong improvement with respect to the score of the GII 2017, which improved by 15.8 points. The remarkable value of human rights (0.00) is stressed, and it is recommended to continue with the improvement in the structural dimension, due to the score of 54.73 for the security system, and 62.10 for the justice system.

19

№ / 69 VALUE 32.90 VALUE 48.70 № / 67

REGIONAL

17

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Finland GII and Dimensions Indicator

Value

Positioning

GII-2020

32.90

19

Structural-security system

54.73

42

Structural-justice system

62.10

19

Functional-security system

31.92

61

Functional-justice system

15.74

43

0.00

1

Human rights

Component Indicators Indicator

Value

69-Country Average

135.84

314.86

Prisoners divided by the overall penitentiary capacity

55.71

172.90

Prison staff divided by the penitentiary capacity

37.65

65.47

675.86

490.95

18.89

17.83

151.95

80.52

Prisoners divided by individuals convicted

0.02

1.56

Percentage of individuals detained without judgment

0.19

0.27

Prisoners for homicide divided by the overall number of homicides

1.25

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

2.53

5.23

288.19

106.55

0.92

0.47

Police personnel or law enforcement personnel per 100,000 inhabitants

Prison staff divided by prisoners in prisons Proportion of judges Individuals brought before courts divided by the overall number of judges

Individuals brought before courts divided by the number of prosecutors Human rights

113


Belgium ranks as the 20th out of 69 countries that had enough statistical information to calculate the GII-2020. Due to the lack of statistical information, it did not form part of the GII 2017. The area that scored the worst was the structural dimension of the justice system (72.45). Belgium is located to the north of Central Europe. It is bordered by the North Sea, the Netherlands, Germany, Luxembourg, and France. Its population is of 11,720,716 people. It is a federal constitutional monarchy where the king is the head of State, and the prime minister, the head of Government of a multiple party system. The powers are divided in three levels of government: the Federal Government, three linguistic communities (of Dutch language, French language, and German language), and three regions (Flanders, Wallonia, and Brussels Capital Region). The Belgian legal system is a civil law tradition system, comprising a set of codified rules that are applied and interpreted by judges. In Belgium, the organization of both courts and courthouses is exclusively of federal competence. The judicial branch is exercised by the courts of law, within the framework of the constitutional

2020 201 7 COUNTRY 114

and legislative provisions. The judiciary is distinguished (judges and advisers of courts and courthouses), and the Federal Prosecutor Office (public prosecutor or district attorney's office). Its State has progressively evolved from a unitary State to a federal State after successive reforms. An important step materialized in the VI State Reform, approved in 2011 and 2014 by the governing coalition, that foresaw the transfers of competences (employment, health, family, youth, etc.) that represented 40% of increase to the budget of the federal entities, and the Senate reform, that meant the reduction of its authorities, which meant the reduction of its powers, and that was reduced from 71 to 60 members. According to the data of the World Bank, the GDP per capita (2018) of Belgium was of 47,518.6 USD, whereas the Gini index in 2015 was of 27.7, which maintains it under low inequality levels. In terms of impunity, the results of the GII-2020 show that its total value was of 32.97. The foregoing notwithstanding, it obtained high scores in the structural dimension, 49.28 for the security system, and 72.45 for the justice system. On the other hand, the lowest scores are situated at functional level, 18.31 for the security system, and 11.74 for the justice system. Therefore, the government must address the high values to reduce impunity.

20

â„– / 69 VALUE 32.97 NO PARTICIPĂ“

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Belgium GII and Dimensions Indicator

Value

Positioning

GII-2020

32.97

20

Structural-security system

49.28

24

Structural-justice system

72.45

28

Functional-security system

18.31

48

Functional-justice system

11.74

27

13.04

13

Human rights

Component Indicators Indicator

Value

69-Country Average

329.76

314.86

87.29

172.90

Prison staff divided by the penitentiary capacity

Accused

65.47

Prison staff divided by prisoners in prisons

Accused

490.95

Proportion of judges

Accused

17.83

138.22

80.52

Prisoners divided by individuals convicted

0.08

1.56

Percentage of individuals detained without judgment

0.35

0.27

Prisoners for homicide divided by the overall number of homicides

1.67

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

0.72

5.23

Accused

106.55

0.80

0.47

Police personnel or law enforcement personnel per 100,000 inhabitants Prisoners divided by the overall penitentiary capacity

Individuals brought before courts divided by the overall number of judges

Individuals brought before courts divided by the number of prosecutors Human rights

115


Portugal ranks as the 21st out of 69 countries that had enough statistical information to calculate the GII-2020. In the previous edition, it ranked as the 32nd out of 67 countries. The area that scored the worst was the justice system, with 65.25. Portugal is a country located to the south of Europe, in the Iberian Peninsula. It is only bordered by Spain to the east, north and south, and bordered by the North Atlantic Ocean to the west. Its population is of 10.3 million inhabitants. It is a sovereign country, a member of the European Union, and established a democratic state based on the rule of law. Its government is a parliamentary republic, which Magna Carta is the Constitution of 1976, which has been revised six times. The Portuguese republic is a democratic state, which powers are separate and interdependent. The executive branch is formed by the president of the Republic and by the Government, headed by the prime minister, who presides the Council of Ministers. The judicial branch is independent, and the judicial personnel culminates in the Supreme Court of Justice, whereas the legislative branch resides in the Assembly of the Republic, and is unicameral.

2020 201 7 COUNTRY 116

Since the end of November of 2015, Portugal is governed by the minority government of the Socialist Party (SP), with strict austerity. The Portuguese Government has committed itself to revert the austerity within the limits established in the tax treaty with the EU, supported by the economic growth, the increase of indirect taxes, and the contracting of public investment to reduce the deficit. After reaching its greater growth in 2017, the Portuguese economy is still expanding. This growth is boosted by the strong internal demand; the foregoing notwithstanding, there is lack of employment and the risk of poverty. According to the results of the World Bank, the Gini index (2015) was of 35.5, whereas the GDP per capita (2018) was situated in 23,407.9 USD. The results of the GII-2020 situate Portugal with a total value of 33.06, and assign to the functional dimension the lowest values: the security system (9.12), and the justice system (11.61). The opportunity areas are located at the structural level and human rights (28.26). This situation must be considered in its whole, insofar that it is caused by social differences and the violation of constitutional rights. Therefore, it is important to address violations and abuses of human rights in situations of conflict; in particular, those committed against most the vulnerable groups, such as women and immigrants.

21

â„– / 69 VALUE 33.06 VALUE 53.98 â„– / 67

32

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Portugal GII and Dimensions Indicator

Value

Positioning

GII-2020

33.06

21

Structural-security system

51.08

31

Structural-justice system

65.25

22

9.12

28

11.61

26

28.26

24

Functional-security system Functional-justice system Human rights

Component Indicators Indicator

Value

69-Country Average

Police personnel or law enforcement personnel per 100,000 inhabitants

452.92

314.86

Prisoners divided by the overall penitentiary capacity

132.86

172.90

52.86

65.47

397.88

490.95

17.32

17.83

48.30

80.52

Prisoners divided by individuals convicted

0.24

1.56

Percentage of individuals detained without judgment

0.15

0.27

Prisoners for homicide divided by the overall number of homicides

0.74

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

2.03

5.23

63.65

106.55

0.66

0.47

Prison staff divided by the penitentiary capacity Prison staff divided by prisoners in prisons Proportion of judges Individuals brought before courts divided by the overall number of judges

Individuals brought before courts divided by the number of prosecutors Human rights

117


Latvia ranks as the 22nd out of 69 countries that had enough statistical information to calculate the GII-2020. In the previous edition, it ranked as the 22nd out of 67 countries. The area that scored the worst was human rights (60.88). With approximately 1,881,223 inhabitants, Latvia is located to the north of Europe. It is bordered by Estonia, Lithuania and the Baltic Ocean. It is important to mention that it formed part of the Soviet Union. Currently, it is a parliamentary republic, with the system of division of powers. The executive branch has a head of Government (prime minister), and a head of State (president). The president is elected by the parliament for a term of office of four years, with the option of a second term of office. Likewise, the prime minister is appointed by the president and ratified by the parliament. The legislative branch consists in a unicameral parliament, or Saeima, formed by one hundred seats directly elected. With respect to the judicial branch, the superior courts of Latvia are: the Supreme Court, which is formed by the Senate, and 36 judges, and the Constitutional Court, with 7 members. The judges of the Supreme Court are appointed by the president and approved by the Saeima, and hold their offices for ten years. Three of the judges

2020 201 7 COUNTRY 118

of the Constitutional Court are appointed by the Saeima, two by the Supreme Court sitting en banc, and two by the ministers of the cabinet. All of them must be ratified according to the majority vote of the Parliament. According to the most current data of the World Bank, in 2018, Latvia had a GDP per capita of 17,860.62 USD, a figure that has been on the rise since 2016. In 2015, it had a score of 34.2 in the Gini index, which indicates that economic growth is on a par with equality. The total value shows that the GII-2020 is of 33.14, and indicates that the highest values are found at the structural level, with 52.23 for the justice system, and 38.10 for the security system, and even though it has not risen above the regional average with its score, it is high in comparison with its other dimensions. A cause for concern is that one of each three inhabitants speaks in the Russian language, but the State speaks to its inhabitants only in the Latvian language; therefore, ignoring the language reduces the access of citizens to the justice system. On the other hand, there has been significant progress to reduce the cases of stateless children. The foregoing notwithstanding, the situation of the refugees has not shown significant improvement or their condition in detention centers.

22

â„– / 69 VALUE 33.14 VALUE 50.30 â„– / 67

22

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Latvia GII and Dimensions Indicator

Value

Positioning

GII-2020

33.14

22

Structural-security system

38.10

2

Structural-justice system

52.23

15

Functional-security system

6.49

15

Functional-justice system

8.01

13

60.88

56

Human rights

Component Indicators 69-Country Average

Indicator

Value

Police personnel or law enforcement personnel per 100,000 inhabitants

459.32

314.86

Prisoners divided by the overall penitentiary capacity

197.46

172.90

Prison staff divided by the penitentiary capacity

134.26

65.47

Prison staff divided by prisoners in prisons

679.95

490.95

Proportion of judges

23.81

17.83

Individuals brought before courts divided by the overall number of judges

25.05

80.52

Prisoners divided by individuals convicted

0.42

1.56

Percentage of individuals detained without judgment

0.27

0.27

Prisoners for homicide divided by the overall number of homicides

4.25

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

1.32

5.23

25.33

106.55

0.00

0.47

Individuals brought before courts divided by the number of prosecutors Human rights

119


Italy ranks as the 23rd out of 69 countries that were evaluated in the GII-2020. In the previous edition, it ranked as the 29th out of 67 countries. The area that scored the worst was the structural dimension of the justice system (65.04). It is located to the south of Europe, at the center of the Mediterranean, bordered to the north by France, Switzerland, Austria, and Slovenia. The country forms a peninsula, and has two large islands in the Mediterranean: Sicily and Sardinia. The volume of its population is of 60.48 million inhabitants. Its form of government is the parliamentary republic, which is a representative and multiple-party democracy. The political system is defined according to the constitution of 1948, established in the Constitution of the Italian Republic. There is a division of powers, where the executive branch is entrusted to the Government, formed by three bodies: the president of the Council of Ministers, who is the head of Government, known as prime minister; the ministers and the council of ministers.

dent from the executive and legislative branches. The Superior Council of the Magistrature is a body with constitutional weight, and of self-government of the Judicial Branch. Its function is to guarantee the independence and autonomy of the magistrature with respect to the other branches of the State. The judicial system is framed within the continental legal system. The duties of the judge and of the public prosecutor are exercised by the members of the magistrature. The GDP per capita is of 31,952.98 USD, a good indicator of the standard of living. However, it belongs to the group of Mediterranean countries, where inequality is on the rise. The Gini index (2018) is situated in 33.40 and, even though, in comparison with other countries, it does not represent a great gap between rich and poor, shows that inequality is on the rise. The results of the GII-2020 show that the values situate Italy with a score of 33.78, and is ranked as one of the European countries with greater problems of impunity, insofar that it obtained 42.16 in the security system, and 65.04 in the justice system, at structural level, and implies that greater efforts must be made to reduce its impact.

The president of the Republic is the head of State, and appoints the prime minister and the ministers. The legislative branch is represented by the Parliament, which structure is bicameral (the Chamber of Deputies and the Senate of the Republic). The judicial branch is indepen-

2020 201 7 COUNTRY 120

23

â„– / 69 VALUE 33.78 VALUE 53.35 â„– / 67

29

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Italy GII and Dimensions Indicator

Value

Positioning

GII-2020

33.78

23

Structural-security system

42.16

6

Structural-justice system

65.04

20

Functional-security system

26.04

58

Functional-justice system

11.74

28

Human rights

23.91

20

Component Indicators 69-Country Average

Indicator

Value

Police personnel or law enforcement personnel per 100,000 inhabitants

453.60

314.86

Prisoners divided by the overall penitentiary capacity

98.52

172.90

Prison staff divided by the penitentiary capacity

68.78

65.47

698.10

490.95

Proportion of judges

17.43

17.83

Individuals brought before courts divided by the overall number of judges

67.79

80.52

0.28

1.56

0.17

0.27

Prisoners for homicide divided by the overall number of homicides

0.66

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

1.25

5.23

211.64

106.55

0.70

0.47

Prison staff divided by prisoners in prisons

Prisoners divided by individuals convicted Percentage of individuals detained without judgment

Individuals brought before courts divided by the number of prosecutors Human rights

121


Ukraine ranks as the 24th out of 69 countries that had enough statistical information to calculate the GII-2020. In the previous edition, it ranked as the 41st out of 67 countries. The area that scored the worst was human rights (51.09). With a population of 42,028,846 inhabitants, Ukraine has a surface of 603,550 km2. It is bordered by seven countries: Russia, Belarus, Poland, Romania, Hungary, and Moldavia. Its constitution sets forth the balance between the legislative and executive branches, with a significant reduction of powers for the president, who maintains control, almost exclusively, over the ministries of foreign affairs, defense and security services, and appoints the regional governors. The Ukrainian Parliament is unicameral, formed by 450 deputies, elected by universal suffrage. In Ukraine, the justice is administered solely by the courts, which jurisdiction comprises all type of legal conflicts. The judicial system of Ukraine is based on the principles of territoriality and specialization. It is formed by the local and appeal courts, and by the Supreme Court. The creation of extraordinary or special courts is not allowed. In 2016, there was an essential change in the judicial system, with the introduction of transparent and independent se-

2020 201 7 COUNTRY 122

lection processes to appoint judges in the new Supreme Court of Ukraine, the creation of the High Court for Intellectual Property Matters, and of the High Anti-Corruption Court. One of the political impunity phenomena that can be found in the country is the corruption scandal in relation to Donald Trump. The accusations of the president of the United States deal with bribery, extortion or other type of abuses regarding the investigation of Burisma, the gas company where the son of Joe Biden worked while his father was vice-president. The total value in the GII-2020 was of 33.84, and the areas that scored the highest were the security system at the structural level (50.54), and human rights (51.09). The score of the latter is related to the war at the eastern part of the country. This caused that Human Rights Watch would classify the record in this matter as «mixed». Notwithstanding the adoption of measures in the right direction to fight corruption, even so, there are still problems such as the pressure on the independent media, the risk of violence by right-wing groups towards persons and activists of the LGBT+ community and ethnic minorities. Finally, there are still discriminatory practices towards prisoners in areas controlled by Russian (proxies) agents.

24

№ / 69 VALUE 33.84 VALUE 57.26 № / 67

41

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Ukraine GII and Dimensions Indicator

Value

Positioning

GII-2020

33.84

24

Structural-security system

50.54

29

Structural-justice system

47.02

11

Functional-security system

11.71

36

Functional-justice system

8.82

16

51.09

43

Human rights

Component Indicators Indicator

Value

69-Country Average

Police personnel or law enforcement personnel per 100,000 inhabitants

401.66

314.86

Prisoners divided by the overall penitentiary capacity

129.79

172.90

59.80

65.47

460.70

490.95

Accused

17.83

34.82

80.52

Prisoners divided by individuals convicted

0.33

1.56

Percentage of individuals detained without judgment

0.33

0.27

Prisoners for homicide divided by the overall number of homicides

6.25

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

0.75

5.23

Accused

106.55

0.45

0.47

Prison staff divided by the penitentiary capacity Prison staff divided by prisoners in prisons Proportion of judges Individuals brought before courts divided by the overall number of judges

Individuals brought before courts divided by the number of prosecutors Human rights

123


Spain ranks as the 25th out of the 69 countries analyzed in this edition, and showed an improvement with respect to the results obtained in the GII 2017, where it ranked as the 27 th out of 67. The dimension that had the worst score is the structural dimension. Specifically, the area with respect to the justice system (76.92). This is a transcontinental country located in the southwest region of Europe, and in the north region of Africa. It borders, to the west, by the Atlantic Ocean and Portugal, to the north, by the Bay of Biscay, to the northeast by France and Andorra, to the west by the Mediterranean Sea, and to the south by Morocco. The Spanish government is constituted as a parliamentary monarchy, where the king is the head of State, and the existence of the Executive, Legislative and Judicial branches, where the head of Government is the president. The territory is organized in 17 autonomous communities that have their own government and legislations, and in two autonomous cities: Ceuta and Melilla.

2020 201 7 COUNTRY 124

In 2019, its population was of 47.1 million inhabitants. During that same period, its economy experienced the worst growth (2%) since 2014. It has a GDP per capita (2018) of 30,370.9 USD. During the last years, it became one of the most important regions for African immigration. In 2018, it received 65,000 immigrants through the enclaves in Ceuta, Melilla and the Mediterranean Sea, which, in that same year, claimed the life of 2,200 immigrants. In 2019, the number of immigrants that arrived to the territory decreased in 39%. Economic inequality in Spain has decreased since 2014, when it obtained the score of 34.7 in the Gini index. In 2018, that number decreased to 33.2. Both the northern central region, and provinces such as Madrid, Valencia, Barcelona, and Girona, have a greater economic complexity. Furthermore, those with a lesser complexity are: Almeria, Murcia, Alicante, and a great part of the provinces bordered by Portugal, thus affecting the economic distribution, and the access to goods and services. Based on the results obtained in the index, Spain had 34.81, and the highest values are found at structural level, 53.79 in the security system, and 76.92 in the justice system. It must be stressed the need to increase the resources of the security and justice mechanisms of Spain, and thus, to be able to give more coverage to the crimes committed, and prevent their impunity, even if they involve the selfsame public officials, and the victims are either national or foreign citizens.

25

â„– / 69 VALUE 34.81 VALUE 52.31 â„– / 67

27

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Spain GII and Dimensions Indicator

Value

Positioning

GII-2020

34.81

25

Structural-security system

53.79

39

Structural-justice system

76.92

37

Functional-security system

15.47

44

Functional-justice system

12.68

32

Human rights

15.22

15

Component Indicators 69-Country Average

Indicator

Value

Police personnel or law enforcement personnel per 100,000 inhabitants

358.59

314.86

Prisoners divided by the overall penitentiary capacity

125.84

172.90

51.25

65.47

407.25

490.95

Proportion of judges

11.50

17.83

Individuals brought before courts divided by the overall number of judges

51.55

80.52

Prisoners divided by individuals convicted

0.25

1.56

Percentage of individuals detained without judgment

0.14

0.27

Prisoners for homicide divided by the overall number of homicides

0.66

4.34

1.31

5.23

111.74

106.55

0.78

0.47

Prison staff divided by the penitentiary capacity Prison staff divided by prisoners in prisons

Individuals brought before courts divided by the number of individuals that had formal contact with the police Individuals brought before courts divided by the number of prosecutors Human rights

125


Mongolia ranks as the 26th out of the 69 countries included in the GII-2020. In 2017, it ranked as the 31st out of 67 countries. In this edition, Mongolia obtained a total value of 35.02. It is an Asian country that shares its border with Russia, and with China to the south. It is considered one of the largest countries, with 1,564,116 km2, but it is also the less populated. In 2019, the number of inhabitants was of 3.2 million. This nation has its roots in the former Mongol, an empire that dominated Asia in the 13th Century. The government of Mongolia experienced a change from the socialist system to a democratic republic, with parliamentary overtones. The president is the head of State, the cabinet of the prime minister resides in the executive branch, whereas the judicial branch is regulated by the Supreme Court of Mongolia, and the legislative branch is unicameral and corresponds to the Great Khural. The civil law is influenced by the Soviet legal system and the Romano-Germanic legal system.

After decades of total control by the government, its economy is experiencing a transition; the management of mining resources and the role in foreign investments in the sector are some of the main challenges of the government, because its economy depends on them. The GDP per capita (2018) was of 4,121.7 USD, whereas the Gini index (2016) was of 32.3, so, one of the main challenges is to consolidate the economic development based on the exploitation of mining resources, and to make sure that the benefits extend to all people. The results in matters of impunity for the GII-2020 show that Mongolia has contrasts, its total value was of 35.02; the functional dimension was the best evaluated, with 4.17 4.17 for the security system, and 10.11 for the justice system. On the other hand, the structural level showed the worst scores: 45.90 for the security system, and 68.21 for the justice system. In matters of human rights, the index reported was of 46.74, the second worst evaluated dimension.

The territory is constituted by provinces and a capital city that, in turn, is divided in districts. The autonomous bodies of the latter units are the parliaments of citizens' representatives, and public citizen assemblies. All of these bodies have their presidents throughout all levels.

2020 201 7 COUNTRY 126

26

№ / 69 VALUE 35.02 VALUE 53.96 № / 67

31

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Mongolia GII and Dimensions Indicator

Value

Positioning

GII-2020

35.02

26

Structural-security system

45.90

13

Structural-justice system

68.21

25

Functional-security system

4.17

8

Functional-justice system

10.11

21

46.74

38

Human rights

Component Indicators Indicator

Value

69-Country Average

Police personnel or law enforcement personnel per 100,000 inhabitants

216.42

314.86

Prisoners divided by the overall penitentiary capacity

119.96

172.90

Prison staff divided by the penitentiary capacity

93.45

65.47

Prison staff divided by prisoners in prisons

779.01

490.95

Proportion of judges

15.84

17.83

Individuals brought before courts divided by the overall number of judges

19.80

80.52

Prisoners divided by individuals convicted

0.58

1.56

Percentage of individuals detained without judgment

0.23

0.27

Prisoners for homicide divided by the overall number of homicides

5.92

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

2.35

5.23

19.28

106.55

0.49

0.47

Individuals brought before courts divided by the number of prosecutors Human rights

127


Lithuania ranks as the 27 th out of 69 countries that had enough statistical information to calculate the GII-2020. In the previous edition, it ranked as the 19th out of 67 countries. The area that scored the worst was human rights (54.65). Se encuentra situada en el centro geográfico del contiIt is located in the geographical center of the European continent, and is bordered by Latvia, Belarus, Poland, Kaliningrad, and the Baltic Sea. Its population is of 2,890,679 million people, according to the latest statistics. It is a parliamentary republic, where the president is elected by universal suffrage for a period of five years, and is the head of State. The Parliament, or Seimas, is unicameral and is the repository of popular sovereignty. It is formed by 141 representatives elected for a period of four years. The government is appointed by the president of the Republic and ratified by the Seimas. The constitution is the legal basis of the Lithuanian legal ordinance. Lithuania has 56 ordinary courts of law, and six specialized (administrative) courts of law. The General Meeting of Judges is the highest governing body of the independent judicial branch, and has jurisdiction over all Lithuanian judges and magistrates. The Judicial Council of Lithuania is the executive body of the judicial branch; it is formed by

2020 201 7 COUNTRY 128

23 members, and guarantees the independence of judges and courts. They are supplemented by the Judicial Court of Honor and the National Judicial Administration. According to the Organized Crime and Corruption Reporting Project, in 2019, the Lithuanian authorities detained 26 persons, including judges and attorneys, in a large-scale anticorruption investigation of the judicial branch. The suspects have been accused of bribery, influence peddling, and abuse of power. According to the World Bank, the GDP of Lithuania was of 47.17 million dollars in 2017, whereas its GDP per capita is of 19,153,40 USD. The value of the Gini index was 34.20 (2018). For the GII-2020, the total value was of 35.78 and, after the area of human rights (54.56), the structural dimension shows more problems, with 44.02 for the justice system, and 52.48 for the security system. According to the Human Rights Monitoring Institute, there has been progress in matters of freedom of speech, with the decriminalization for insults to private persons and public officials. However, the discrimination towards the LGBT continues, there are weaknesses in the right to a fair trial, and the bad situation in the detention centers (prisons) stands out.

27

№ / 69 VALUE 35.78 VALUE 48.99 № / 67

REGIONAL

19

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Lithuania GII and Dimensions Indicator

Value

Positioning

GII-2020

35.78

27

Structural-security system

52.48

36

Structural-justice system

44.02

10

7.98

22

19.77

51

54.65

48

Functional-security system Functional-justice system Human rights

Component Indicators 69-Country Average

Indicator

Value

Police personnel or law enforcement personnel per 100,000 inhabitants

298.26

314.86

Prisoners divided by the overall penitentiary capacity

239.13

172.90

Prison staff divided by the penitentiary capacity

107.22

65.47

448.40

490.95

Proportion of judges

27.90

17.83

Individuals brought before courts divided by the overall number of judges

26.16

80.52

Prisoners divided by individuals convicted

0.42

1.56

Percentage of individuals detained without judgment

0.09

0.27

Prisoners for homicide divided by the overall number of homicides

4.67

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

1.04

5.23

29.98

106.55

0.00

0.47

Prison staff divided by prisoners in prisons

Individuals brought before courts divided by the number of prosecutors Human rights

129


France ranks as the 28th out of 69 countries that had enough statistical information to calculate the GII-2020. In the previous edition, it ranked as the 37 th out of 67 countries. Its total index value in this edition was of 36.06. The Republic of France has a population of approximately 67.8 million inhabitants (2020). The country is located in Western Europe, shares borders with Andorra, Belgium, Germany, Italy, Luxembourg, Monaco, Spain, and Switzerland. Furthermore, it has a great coastal line divided between the Mediterranean Sea, the Atlantic Ocean, the English Channel, and the North Sea. France possesses the French Guiana, in South America, and several islands and archipelagos around the world. France is a semi-presidential republic, where the president is the head of State, elected by popular vote for a term of office of five years, with the possibility of being reelected. The prime minister acts as head of Government, and is elected by the president. It also has a bicameral parliamentary system, formed by a Senate (348 seats), and a National Assembly (577 seats). The French justice system is formed mainly by the Court of Cassation, the highest governing body for the administration of justice, the Constitutional Council, Regional Courts, and Courts of First Instance.

2020 201 7 COUNTRY 130

With a GDP per capita of 41,463 USD, France is the sixth largest economy in the world, and the second one in the European Union, only below Germany. This country also experiences inequality; the Gini index (2017) is of 31.6. This inequality increases with the gentrification experienced by most of its cities. The recent migration wave from the Middle East and Western Asia—together with the toughening of antiterrorist laws—has caused violations of human rights within the French territory, above all, against populations displaced due to the armed conflicts in the cited regions. The French state has had problems processing the entrance of immigrants and, after a series of terrorist attacks, France currently prioritizes national security over international rules. With a total value of 36.06, the GII-2020 indicates that the highest values are found in its structural dimension. By way of example, it can be mentioned the crimes against journalists which, in their majority, have been left unpunished, apart from being constantly threatened, attacked and imprisoned, and thus, also the area of human rights (26.09) must be a focus of attention.

28

№ / 69 VALUE 36.06 VALUE 56.27 № / 67

37

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


France GII and Dimensions Indicator

Value

Positioning

GII-2020

36.06

28

Structural-security system

50.04

26

Structural-justice system

72.45

28

Functional-security system

16.33

45

Functional-justice system

15.39

40

Human rights

26.09

23

Component Indicators Indicator

Value

69-Country Average

Police personnel or law enforcement personnel per 100,000 inhabitants

329.69

314.86

Prisoners divided by the overall penitentiary capacity

105.90

172.90

Prison staff divided by the penitentiary capacity

Accused

65.47

Prison staff divided by prisoners in prisons

Accused

490.95

Proportion of judges

Accused

17.83

184.79

80.52

Prisoners divided by individuals convicted

0.10

1.56

Percentage of individuals detained without judgment

0.28

0.27

Prisoners for homicide divided by the overall number of homicides

1.27

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

1.00

5.23

Accused

106.55

0.68

0.47

Individuals brought before courts divided by the overall number of judges

Individuals brought before courts divided by the number of prosecutors Human rights

131


Scotland is one of the countries that has been incorporated into the GII-2020, and ranks as the 29th out of 69 countries. In the previous edition, it did not have enough statistical information to calculate its profile. The total value in this edition was of 36.09, and the area that obtained the worst score was the structural dimension of the justice system (90.30). The above notwithstanding, the best score was obtained in the dimension of human rights (11.96). Scotland is one of the four countries that form part of the United Kingdom, together with England, Wales and Northern Ireland. It has a territory of 78,772km2, its capital city is Edinburg, and its most populated city is Glasgow. It has a population of 5,400,161 inhabitants. A great part of the political decisions is entrusted to the head of State, Queen Elizabeth II, to the prime minister of the United Kingdom, and to the British parliament, even though it is true that it enjoys a certain degree of autonomy after the referendum of 1997. The legislative branch resides in the prime minister, 11 ministries of the cabinet, and other 16 ministers. The Scottish parliament

2020 201 7 COUNTRY 132

is unicameral, formed by 129 members, 73 of them elected according to the principle of relative majority, and 56 according to the system of proportional representation. It takes care of local tasks or the welfare in the region. It has the representation of 59 members in the British parliament. The judicial branch is formed mainly by two types of courts: civil and criminal courts. They have a supreme court, the Court of Session and the High Court of Justiciary, and each one has appellate courts. The above notwithstanding, there are more specialized courts and tribunals. According to the data of the World Bank, the GDP per capita (2018) is of 42,943.9 USD, whereas the Gini index (2016) is of 34.8, thus, it is classified in a good rank. Scotland is in process of abandoning the European Union after the result of the referendum of 2016 and, therefore, it will cease to have a representation in diverse institutions of the organization that supplemented its political system. Even though during the last years, it showed an economic growth, and it is known as an innovative State, concerned for the wellbeing of its people, in terms of impunity, the results show that the total value of the GII-2020 is of 36.09, whereas the average in Europe is of 33.6. Scotland has a tall order, which is to increase its police capacity, the performance of its detention centers, and of its personnel.

29

№ / 69 VALUE 36.09 NO PARTICIPÓ

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Scotland GII and Dimensions Indicator

Value

Positioning

GII-2020

36.09

29

Structural-security system

45.49

11

Structural-justice system

90.30

57

Functional-security system

12.53

37

Functional-justice system

20.20

53

11.96

9

Human rights

Component Indicators Indicator

Value

69-Country Average

317.21

314.86

143.84

172.90

Prison staff divided by the penitentiary capacity

Accused

65.47

Prison staff divided by prisoners in prisons

Accused

490.95

4.84

17.83

212.22

80.52

Prisoners divided by individuals convicted

0.17

1.56

Percentage of individuals detained without judgment

0.18

0.27

Prisoners for homicide divided by the overall number of homicides

1.08

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

3.45

5.23

106.51

106.55

0.81

0.47

Police personnel or law enforcement personnel per 100,000 inhabitants Prisoners divided by the overall penitentiary capacity

Proportion of judges Individuals brought before courts divided by the overall number of judges

Individuals brought before courts divided by the number of prosecutors Human rights

133


Northern Ireland ranks as the 30th out of 69 countries that had enough statistical information to calculate the GII-2020. In the previous edition, it ranked as the 21st out of 67 countries. The area that scored the worst was the structural dimension of the justice system (85.71). The population of Northern Ireland is of 1.88 million people, and is divided in 26 territorial districts. It forms part of the United Kingdom, and is bordered by the Republic of Ireland, the Atlantic Ocean and the Irish Sea. The British prime minister is the head of Government, and Queen Elizabeth II is the head of State. It has a constitutional monarchy, with a parliamentary system. Subsequent to the referendums of 1998 (or the Belfast Agreement), Northern Ireland witnessed an independence in its form of government, through the transfer of powers to its national parliament. The Assembly of Northern Ireland is considered as the basis of the government. 90 members of the Legislative Assembly, who belong mainly to unionist and nationalist parties, form it. The executive branch is a committee known as the Northern Ireland Executive, directed by the first minister and the deputy first minister. These two figures act as joint presidents (each one belongs to each one

2020 201 7 COUNTRY 134

of the two parties in power), and are joined by other eight ministers elected by the Assembly, and by the minister for Justice. It must be noted that the government of Northern Ireland just got over a governmental crisis that lasted almost three years, due to the disagreement between the governing parties: The Democratic Unionist Party and Sinn Fein. The justice system functions parallel to the system of the United Kingdom. The Royal Court, the High Court, and the Court of Appeal manage it. In matters of misdemeanors, magisterial courts or county courts can try them. The elections of the Assembly and of the European Parliament are held through proportional representation, and citizens older than 18 years of age can cast the vote. Northern Ireland has the lower economy of the United Kingdom, with a GDP of approximately 59,890 million dollars (2.1% of the total GDP of the United Kingdom), and a GDP per capita of 28,000 USD. However, its Gini index is of 30, a little lower than the United Kingdom (34). In terms of impunity, the value produced by the GII-2020 is of 36.61, which indicates a low level of impunity, but comes closer to the countries classified with an average impunity. With respect to the structural area of its justice system, it obtained a score of 85.71, which represents a negative score that affects its total value.

30

â„– / 69 VALUE 36.61 VALUE 50.20 â„– / 67

REGIONAL

21

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Northern Ireland GII and Dimensions Indicator

Value

Positioning

GII-2020

36.61

30

Structural-security system

41.68

5

Structural-justice system

85.71

50

Functional-security system

22.81

57

Functional-justice system

20.87

56

11.96

9

Human rights

Component Indicators Indicator

Value

69-Country Average

357.45

314.86

80.78

172.90

Prison staff divided by the penitentiary capacity

Accused

65.47

Prison staff divided by prisoners in prisons

Accused

490.95

7.12

17.83

280.87

80.52

Prisoners divided by individuals convicted

0.05

1.56

Percentage of individuals detained without judgment

0.30

0.27

Prisoners for homicide divided by the overall number of homicides

1.28

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

2.15

5.23

197.05

106.55

0.81

0.47

Police personnel or law enforcement personnel per 100,000 inhabitants Prisoners divided by the overall penitentiary capacity

Proportion of judges Individuals brought before courts divided by the overall number of judges

Individuals brought before courts divided by the number of prosecutors Human rights

135


Poland ranks as the 31st out of 69 countries that had enough statistical information to calculate the GII-2020. In the edition of 2017, it ranked as the 14th out of 67 countries. The worst scored area was the structural dimension of the justice system (56.17). Poland is a state of Central Europe. It is bordered by the Baltic Sea, the Russian Federation, Lithuania, Belarus, Ukraine, the Czech Republic, Slovakia, and Germany. The western border was fixed after the Second World War, alongside the Oder River, whereas the east border was partially fixed in the Bug River. It has a surface of 311,888 km2, and its population amounts to 37,980,000 inhabitants. Poland is a parliamentary republic, with a president elected by direct universal suffrage every five years. The Parliament is formed by the Lower House (460 representatives), and the Senate (100 senators). The judicial branch is regulated by the Constitution of the Republic, in accordance to the principles of independence and the separation of powers, contained in Articles 173, 178, and 180. Furthermore, it is divided in two levels: ordinary and administrative, which are joined by special judges.

2020 201 7 COUNTRY 136

The current political scenario of Poland is dominated by the uncertainty generated by the reforms that the right wing government intends to implement. There have been some demonstrations subsequent to the enactment of the laws that granted politicians the power to fine and dismiss judges whose actions and decisions they would deem to be harmful. This law has given rise to changes in the judicial system for more than four years, made by the governing party, «Law and Justice». The European Union and many Polish judges state that these changes violate the separation of powers, which are essential in a democracy. According to the most current data of the World Bank, in 2018, the GDP was of 585.664 billion dollars and the GDP per capita of 14,100 USD. The above notwithstanding, its Gini index is of 32.10. The above indicates that inequality is an element present in current Polish society. In the GII-2020, the total value obtained by Poland is of 37.20, therefore, in order to decrease its impunity indexes, it must concentrate in improving the system at structural level. This makes clear that the restrictive policies experienced by Polish people must be considered, and even though there has been a veto to the polemic proposals on the judicial branch, the dissatisfaction is still present. A proof of this is the value of 30.43 in human rights.

31

№ / 69 VALUE 37.20 VALUE 47.61 № / 67

REGIONAL

14

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Poland GII and Dimensions Indicator

Value

Positioning

GII-2020

37.20

31

Structural-security system

56.17

44

Structural-justice system

49.01

14

Functional-security system

29.98

60

Functional-justice system

20.39

54

Human rights

30.43

25

Component Indicators Indicator

Value

69-Country Average

Police personnel or law enforcement personnel per 100,000 inhabitants

260.69

314.86

Prisoners divided by the overall penitentiary capacity

196.58

172.90

79.78

65.47

405.84

490.95

Proportion of judges

25.41

17.83

Individuals brought before courts divided by the overall number of judges

92.96

80.52

Prisoners divided by individuals convicted

0.24

1.56

Percentage of individuals detained without judgment

0.09

0.27

Prisoners for homicide divided by the overall number of homicides

0.76

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

0.34

5.23

148.22

106.55

0.64

0.47

Prison staff divided by the penitentiary capacity Prison staff divided by prisoners in prisons

Individuals brought before courts divided by the number of prosecutors Human rights

137


Austria ranks as the 32nd out of 69 countries analyzed in the preparation of the GII-2020. In the previous edition, it ranked as the 13th out of 67 countries. The area that scored the worst was the structural dimension of the justice system (91.17). The Republic of Austria has a population of approximately 8.8 million inhabitants (2019), and the official language of the nation is the German language. It is bordered: to the northwest by Germany, to the southwest by Italy, to the north, by the Czech Republic, to the northeast, by Slovakia, to the southeast by Slovenia, and to the east by Switzerland and Liechtenstein. It is a federal parliamentary republic, with three branches of government: the executive branch, headed by the president, the legislative branch, represented by the Austrian Parliament that, in turn, has two chambers: the lower chamber or National Assembly, and the upper chamber or Federal Council. The judicial branch is formed by four levels of justice: local courts, regional courts, higher regional court and the Supreme Court of Justice. Apart from these bodies of justice, it also has the Supreme Administrative Court and the Constitutional Tribunal.

2020 201 7 COUNTRY 138

Citizens who are 16 years of age or older have the right to vote, through direct suffrage, for the majority of members of the Bodies that govern their country: the National Assembly, the Parliament of their Province of Residence, the Municipal Council of their locality, and for the president of the nation. As member of the European Union, they can also elect, through suffrage, 19 representatives of Austria in the European Parliament. According to the World Bank, the GDP per capita is of 49,310 USD, one of the highest in the European Union. Likewise, we can observe in the de Gini index, that the country is situated in 30.5 (2015), these data, in their whole, indicate that the economic and social development of the nation are healthy. According to the GII-2020, the total value was of 37.24, the structural dimension has the highest values, 53.38 for security, and 91.17 for its justice system. The constant violence towards the immigrants and the journalists that work in the country has been left unpunished in multiple occasions. This is due to the model of justice of the country, wherein the violations of the law by large corporations or persons who have political power are left unpunished, for the most part.

32

â„– / 69 VALUE 37.24 VALUE 47.55 â„– / 67

REGIONAL

13

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Austria GII and Dimensions Indicator

Value

Positioning

GII-2020

37.24

32

Structural-security system

53.38

37

91.17

59

Functional-security system

14.68

42

Functional-justice system

16.08

45

Human rights

10.87

7

Structural-justice system

Component Indicators Indicator

Value

69-Country Average

312.19

314.86

Prisoners divided by the overall penitentiary capacity

97.06

172.90

Prison staff divided by the penitentiary capacity

46.43

65.47

478.37

490.95

4.40

17.83

168.77

80.52

Prisoners divided by individuals convicted

0.28

1.56

Percentage of individuals detained without judgment

0.21

0.27

Prisoners for homicide divided by the overall number of homicides

0.64

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

4.06

5.23

129.37

106.55

0.82

0.47

Police personnel or law enforcement personnel per 100,000 inhabitants

Prison staff divided by prisoners in prisons Proportion of judges Individuals brought before courts divided by the overall number of judges

Individuals brought before courts divided by the number of prosecutors Human rights

139


Japan ranks as the 33rd out of 69 countries that had enough statistical information to calculate the GII-2020. In the previous edition, it ranked as the 33rd out of 67 countries. The area that scored the worst was the structural dimension of the justice system, with 78.24. It is commonly known as the "land of the rising sun", because it became one of the strongest economies after Second World War. Japan is an insular country to the east of Asia, with a territory of 377,864 km2, and a population of 125,507,472 inhabitants, most of such people are located in Tokyo, its capital city. Its form of government is the constitutional parliamentary monarchy; the head of State resides in the hands of the emperor. The Liberal Democratic Party has governed during the last 61 years, except for the period between 2009 and 2012, where the Democratic Party governed. The legislative branch is bicameral, formed by the lower house or the House of Representatives, whereas the Supreme Court represents the judicial branch. The house of councilors has 242 seats, 146 of them elected by districts of simple majority, 96 in a single district according to the principle of proportional representation. They hold their office for a term of six years, but the offic-

2020 201 7 COUNTRY 140

es of half of the members are renewed every three years. On the other hand, the House of Representatives has 465 seats, 289 of them elected by districts of simple majority, and 176 in a single district, according to the principle of proportional representation. The judicial branch resides in the Supreme Court of Justice, which consists in a president of the court and 14 assistant judges; other entities are the subordinate courts, divided in eight high courts, district courts with 203 additional branches, and 438 summary courts. In 2018, the GDP per capita was of 39,290 USD, and situated Japan as the largest third economy in the world, and, notwithstanding that it does not show sustained rates of growth, it offers a secure environment for businesses. The Gini index (2013) is of 32.9. This situates Japan as a developed country, where the poor become more impoverished. In terms of impunity, the results show that, in Japan, the total value of the GII-2020 is of 37.67. By comparison with its region, it shows a better score in the functional dimension. However, in the structural dimension, it obtained the highest values, 51.58 for the security system, and 78.24 for the justice system, and thus, the recommendation for Japan is to increase its police capacity, the performance of its detention centers, and of its personnel.

33

â„– / 69 VALUE 37.67 VALUE 54.00 â„– / 67

33

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Japan GII and Dimensions Indicator

Value

Positioning

GII-2020

37.67

33

Structural-security system

51.58

32

Structural-justice system

78.24

39

Functional-security system

19.97

52

Functional-justice system

18.98

50

Human rights

19.57

18

Component Indicators Indicator

Value

69-Country Average

202.59

314.86

40.84

172.90

Prison staff divided by the penitentiary capacity

Accused

65.47

Prison staff divided by prisoners in prisons

Accused

490.95

Proportion of judges

Accused

17.83

93.19

80.52

Prisoners divided by individuals convicted

0.89

1.56

Percentage of individuals detained without judgment

0.10

0.27

Prisoners for homicide divided by the overall number of homicides

0.24

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

0.82

5.23

133.04

106.55

0.74

0.47

Police personnel or law enforcement personnel per 100,000 inhabitants Prisoners divided by the overall penitentiary capacity

Individuals brought before courts divided by the overall number of judges

Individuals brought before courts divided by the number of prosecutors Human rights

141


The Republic of Korea ranks as the 34th out of 69 countries that had enough statistical information to calculate the GII-2020. In the previous edition, it ranked as the 47 th out of 67 countries. Its area that scored the worst was the structural dimension of the justice system (88.26). The country became independent after the occupation by Japan (1910-1945), and at the end of the Korean War (1950-1953). The mountainous peninsula is bordered, to the west, by the Yellow River, and to the east by the Sea of Japan; to the south, by the Korea Strait and the East China Sea, to the north, by the Democratic People's Republic of Korea. Its capital city is Seoul, and is the most populated city. In 2019, it had an estimated population is of 51.6 million inhabitants. Its form of government is a presidential republic. The executive branch resides in the head of State and of the Government, the president. The legislative branch is unicameral, resides in the National Assembly with 300 seats, 253 elected by simple majority, and 47 by proportional representation. Their terms of office are renewed every four years, and the elections were held in April of 2020.

2020 201 7 COUNTRY 142

The judicial branch resides in six courts: the Supreme Court, the High Court, the District Court, the Patent Court, the Family Court, and the Administrative Court. The Korean judicial system is based on the three-instance trial system, composed of the district courts, the high courts and the Supreme Court. Since the division of the two Koreas in 1948, the country has become one of the most prosperous of Asia; according to the data of the World Bank, in 2018, its GDP per capita was of 31,362.75 USD, and its Gini coefficient (2012) of 0.316, the foregoing notwithstanding, the country has corruption problems at the highest level. All its leaders, since it became a democracy, have been involved in scandals, including the former president of the country, which points out a complex reality. It has faced political problems of great magnitude. In 2016, President Park Geun-hye faced an impeachment trial that ended in her removal from office. Recently, the Minister of Justice Cho Kuk resigned due to a wave of protests. Both political figures were accused of corruption. This is reflected in the results of the GII-2020, its total score (37.71) situates it among countries with impunity problems; it maintains unreasonable restrictions on freedom of expression, association and assembly.

34

â„– / 69 VALUE 37.71 VALUE 59.45 â„– / 67

47

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Republic of Korea GII and Dimensions Indicator

Value

Positioning

GII-2020

37.71

34

Structural-security system

61.94

53

Structural-justice system

88.26

53

Functional-security system

14.75

43

8.39

14

15.22

15

Functional-justice system Human rights

Component Indicators Indicator

Value

69-Country Average

227.59

314.86

Prisoners divided by the overall penitentiary capacity

107.76

172.90

Prison staff divided by the penitentiary capacity

30.88

65.47

286.59

490.95

5.85

17.83

89.59

80.52

Prisoners divided by individuals convicted

0.23

1.56

Percentage of individuals detained without judgment

0.34

0.27

Prisoners for homicide divided by the overall number of homicides

0.59

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

6.88

5.23

134.99

106.55

0.78

0.47

Police personnel or law enforcement personnel per 100,000 inhabitants

Prison staff divided by prisoners in prisons Proportion of judges Individuals brought before courts divided by the overall number of judges

Individuals brought before courts divided by the number of prosecutors Human rights

143


Switzerland ranks as the 35th out of 69 countries that had enough statistical information to calculate the GII-2020. In the previous edition, it ranked as the 28th out of 67 countries. The area that scored the worst was the structural dimension of the justice system (72.45). Located in Central Europe, Switzerland has a population of approximately 8.57 million inhabitants. It is bordered, to the north by Germany, to the west by France, to the south by Italy, and to the east by Austria and Liechtenstein. It is currently perceived as one of the richest countries of the world. Switzerland is a democratic, parliamentary federal republic, with a multiparty system. The Swiss State is organized in three political levels. There are three main bodies of government at federal level: the bicameral parliament (legislative branch), the Federal Council (executive branch), and the Federal Supreme Court of Switzerland (judicial branch). The Federal Assembly elects Judges or justices for a period of six years. A college of seven members elected by the Parliament forms the national Government (Federal Council). To carry out any amendment to the constitution, its approval through a binding referendum is mandatory.

2020 201 7 COUNTRY 144

In 2019, a reform to the corporation tax was approved and thus, the country has decided to maintain itself as an attractive place for the tax residency of multinational corporations, such as Procter & Gamble, Vitol or Caterpillar. The reform was supported by 66.4% of the votes, decreasing the possibility for large corporations to leave the country. According to the data of the World Bank, Switzerland is one of the richest countries of the world. Its GDP per capita (2018) amounts to 82,796.5 USD, whereas its Gini coefficient (2017) is of 32.7. According to the Human Development Index, or HDI, prepared by the UN to measure the overall achievement of a country, it shows that the standard of living of Swiss inhabitants is among the best ones of the world. In terms of impunity, the results of the GII-2020 were of 38.42, this situates it among the countries that are within the average, in terms of impunity at global level. At the structural level, it obtained the highest values: security system (52.45), and justice system (72.45). The foregoing notwithstanding, Switzerland has maintained its ranking during the last years. However, it is necessary to evaluate the investments made in this country because it is of common knowledge that money of doubtful origin is invested, and thus, the proper policies must be implemented to regulate such situation.

35

â„– / 69 VALUE 38.42 VALUE 53.04 â„– / 67

28

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Switzerland GII and Dimensions Indicator

Value

Positioning

GII-2020

38.42

35

Structural-security system

52.45

35

Structural-justice system

72.45

28

Functional-security system

14.17

41

Functional-justice system

7.23

11

45.82

37

Human rights

Component Indicators Indicator

Value

69-Country Average

215.46

314.86

Prisoners divided by the overall penitentiary capacity

76.40

172.90

Prison staff divided by the penitentiary capacity

48.53

65.47

635.13

490.95

Proportion of judges

Accused

17.83

Individuals brought before courts divided by the overall number of judges

Accused

80.52

Prisoners divided by individuals convicted

0.06

1.56

Percentage of individuals detained without judgment

0.41

0.27

Prisoners for homicide divided by the overall number of homicides

0.52

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

Accused

5.23

Individuals brought before courts divided by the number of prosecutors

Accused

106.55

0.00

0.47

Police personnel or law enforcement personnel per 100,000 inhabitants

Prison staff divided by prisoners in prisons

Human rights

145


Denmark ranks as the 36th out of 69 countries that had enough statistical information to calculate the GII-2020. In the previous edition, it ranked as the 24th out of 67 countries. The area that scored the worst was the structural dimension of the justice system (73.62). This is a Scandinavian country that comprises the Jutland Peninsula (Jylland), and 400 islands, 82 of which are uninhabited. It only has a terrestrial border with Germany, even though since 1999, it is linked to Switzerland by road and by rail. Its population in 2019 was of 5.8 million inhabitants. Its form of government is the parliamentary monarchy. The last amendment to its constitution (1849) took place in 1953. Even though the monarchy is the monarchy of the State, the executive branch is entrusted to the Council of Ministers, with the prime minister of Denmark (Statsminister). The Government and the Danish Parliament, known by the name of Folketing, formed by 179 members, including two members of the Faroe Islands and two of Greenland, share the legislative branch. The Danish Parliament is independent, both functionally and administratively, from the executive branch and the legislature.

2020 201 7 COUNTRY 146

In 2017, the result of the municipal and regional elections was an advancement of the center-left bloc to the prejudice of the center-right bloc, and with a particularly unfavorable result for the Liberal Party. In 2019, the general elections of Denmark were held, where the center-left bloc was the winner. According to the data of the World Bank, its GDP per capita is of 56,305.51 USD. People perceive Denmark as a model of a well-developed welfare State. However, during the last years, notwithstanding that it is at the top of the lists in many spheres, it has declined in matters of human rights protection. Denmark accumulates the highest percentage of reports on gender-based violence of the EU. In terms of impunity, the total results show that Denmark, in the GII-2020, has 38.82 points, this means that this country has experienced most changes in its ranking during the last years. Therefore, an adjustment in its justice system is required, as well as a review to the changes in the government and its reforms during the last years, in order to develop public policies that may assist in reducing violations to human rights.

36

â„– / 69 VALUE 38.82 VALUE 50.70 â„– / 67

24

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Denmark GII and Dimensions Indicator

Value

Positioning

GII-2020

38.82

36

Structural-security system

47.73

20

Structural-justice system

73.62

34

Functional-security system

48.53

65

Functional-justice system

19.89

52

Human rights

4.35

5

Component Indicators Indicator

Value

69-Country Average

Police personnel or law enforcement personnel per 100,000 inhabitants

187.51

314.86

Prisoners divided by the overall penitentiary capacity

62.98

172.90

Prison staff divided by the penitentiary capacity

54.70

65.47

868.50

490.95

13.15

17.83

277.82

80.52

Prisoners divided by individuals convicted

0.01

1.56

Percentage of individuals detained without judgment

0.35

0.27

Prisoners for homicide divided by the overall number of homicides

1.23

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

0.16

5.23

170.60

106.55

0.88

0.47

Prison staff divided by prisoners in prisons Proportion of judges Individuals brought before courts divided by the overall number of judges

Individuals brought before courts divided by the number of prosecutors Human rights

147


Costa Rica ranks as the 37 th out of 69 countries that had enough statistical information to calculate the GII-2020. In the previous edition, it ranked as the 35th out of 67 countries. The area that scored the worst was the structural dimension of the justice system (89.99). Costa Rica has approximately 5,097,988 inhabitants, is located in the region of Central America, adjacent to Nicaragua, Panama, the Caribbean Sea, and the Pacific Ocean. Currently, it is one of the few countries not having army, which implies it can disburse its expenditures in other areas, and increase the growth rate of its GDP per capita. Its type of government is a presidential republic, and is based on the division of powers. The president, who fulfills the duties of head of State and head of Government, represents the executive branch. The legislative branch is represented by the Legislative Assembly, and is formed by 57 seats. Its members are directly elected in districts that represent the seven provinces of the country, and are elected for periods of four years.

branch. To the above, judges of different nature are added, such as appellate, trial, first instance and peace judges, and the Supreme Electoral Court. Costa Rica has a GDP per capita of 12,027 USD. However, it is greatly affected by the high levels of inequality that the country faces. The Gini coefficient is one of the highest of the region, with 48.3 reported in 2017. Notwithstanding the history of the country, it is estimated that inequality has slightly increased during the last years and, if no strong policies are sought to counteract this situation, the phenomenon may become a factor that boosts impunity. It can be observed that the country is situated in an average range of impunity, with a total value for the GII2020 of 39.51. However, great efforts must be made to strengthen the structural dimension of both security and of justice. Even though this is not one of the countries in the region with a great degree of impunity, it must work so that its ranking does not worsen in future years.

The Supreme Court of Justice that, in turn, is organized by 22 judges, divided in three cassation chambers, and elected by the National Assembly, forms the judicial

2020 201 7 COUNTRY 148

37

â„– / 69 VALUE 39.51 VALUE 54.57 â„– / 67

35

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Costa Rica GII and Dimensions Indicator

Value

Positioning

GII-2020

39.51

37

Structural-security system

57.88

46

Structural-justice system

88.99

55

9.89

32

Functional-justice system

16.88

47

Human rights

23.91

20

Functional-security system

Component Indicators 69-Country Average

Indicator

Value

Police personnel or law enforcement personnel per 100,000 inhabitants

266.56

314.86

Prisoners divided by the overall penitentiary capacity

281.80

172.90

99.71

65.47

353.84

490.95

5.49

17.83

48.51

80.52

Prisoners divided by individuals convicted

1.60

1.56

Percentage of individuals detained without judgment

0.21

0.27

Prisoners for homicide divided by the overall number of homicides

11.95

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

0.68

5.23

23.17

106.55

0.70

0.47

Prison staff divided by the penitentiary capacity Prison staff divided by prisoners in prisons Proportion of judges Individuals brought before courts divided by the overall number of judges

Individuals brought before courts divided by the number of prosecutors Human rights

149


The United States ranks as the 38th out of 69, with a total value of 40.21. In the previous edition, it ranked as the 56th out of 67 countries. The area that scored the worst was the structural dimension of the justice system (98.53). It is the third country with more inhabitants (332,639,102). The United States is located in the region of North America. Canada, Mexico, and the Atlantic and Pacific Oceans border it. It is a federal constitutional republic. The president is the executive branch, and performs the duties as head of State and head of Government. The president is indirectly elected through the Electoral College for periods of four years, with the possibility of a reelection. The legislative branch is bicameral, and is formed by the House of Representatives and by the Senate. The Supreme Court, formed by nine justices who have a life tenure, represents the judicial branch. Appellate courts and 94 federal courts also comprise it. Notwithstanding that, each court has its territorial jurisdiction, none of them is entirely independent from the other courts. The justice system stresses the presumption of innocence as a central element of the US system; the characteristics of the courts have changed during the last decades because

2020 201 7 COUNTRY 150

the media and the technological advances had led to the modernization of the courts, and the form in which the trials are conducted. It possesses one of the largest economies of the world, with a GDP per capita of 62,794 USD. Notwithstanding the foregoing, one of the major problems faced by the country is inequality. With a Gini coefficient of 39, is the sixth country of the OECD with the highest inequality levels, and this can affect persons that have a lower income, in particular, in view of its unsuccessful justice system. The high score in the structural dimension of the justice system is due to the great number of imprisonments per each one hundred thousand inhabitants (the largest of the world). The above is related to drug trafficking, and the time that these persons are incarcerated. This type of system mainly affects Afro-American people (it is more probable that one of every three men may be incarcerated, and one in 18 for women), and Latin people (one of every six men, and one of every 45 women). An exhaustive reform is essential to fill the cracks that this justice system has created, this is the only way in which a significant improvement in matters of impunity in the country may be observed.

38

â„– / 69 VALUE 40.21 VALUE 64.78 â„– / 67

56

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


United States GII and Dimensions Indicator

Value

Positioning

GII-2020

40.21

38

Structural-security system

53.89

40

Structural-justice system

98.53

63

1.51

3

Functional-justice system

35.18

69

Human rights

11.96

9

Functional-security system

Component Indicators 69-Country Average

Indicator

Value

Police personnel or law enforcement personnel per 100,000 inhabitants

203.69

314.86

657.13

172.90

Prison staff divided by the penitentiary capacity

Accused

65.47

Prison staff divided by prisoners in prisons

Accused

490.95

0.73

17.83

Individuals brought before courts divided by the overall number of judges

32.09

80.52

Prisoners divided by individuals convicted

30.88

1.56

Percentage of individuals detained without judgment

0.22

0.27

Prisoners for homicide divided by the overall number of homicides

5.25

4.34

138.19

5.23

Individuals brought before courts divided by the number of prosecutors

14.15

106.55

Human rights

0.00

0.47

Prisoners divided by the overall penitentiary capacity

Proportion of judges

Individuals brought before courts divided by the number of individuals that had formal contact with the police

151


The GII-2020 ranks this country as the 39th out of 69 countries, with a score of 40.48, of 69 countries considered for this measurement. In the GII-2017 edition, it ranked as the 18th out of 67 countries. The area that scored the worst was the structural dimension of the justice system, with a score of 100. Barbados is one of the thirteen countries that make up the Caribbean Islands, located in the Lesser Antilles, to the east of Saint Vincent, the Grenadines, and Saint Lucia. It has a territorial area of 430 km2, and 285,000 inhabitants. Eleven parishes and a city, Bridgetown, also its capital city, form its territorial division. Its form of government is the parliamentary democracy, under a constitutional monarchy. The executive branch is comprised by: the head of State (Queen Elizabeth II), represented by a general governor, and a prime minister. The legislative branch is bicameral, the senate has 21 members, and the lower house has 30 seats. Its judicial branch is formed by the Supreme Court (High Court and Appellate Court) and the Magistrates' Courts, as well as by the Caribbean Court of Justice.

2020 201 7 COUNTRY 152

The economy of Barbados has experienced a significant slowdown since 2011, as consequence of the effects of the international financial crisis. According to the data of the World Bank, its GDP per capita (2018) was of 17,949 USD, and thus, it enjoys an enviable reputation in its region. With respect to the Gini coefficient, it is situated in number 42, which reflects the poverty and inequality of this Caribbean country. In terms of impunity, the results of the GII-2020 grant to it a total value of 40.48, this situates it among the countries with greater impunity problems in the world, even though the regional level is situated below the average practically in all dimensions. It is one of the countries with greater economic, political and social stability of the region, but in the next years, it will have to face the lack of opposition, and the administration of justice according to the rules of due process. The recommendation is to increase the levels of transparency and participation, and increase the resources assigned to police, judges and magistrates.

39

â„– / 69 VALUE 40.48 VALUE 48.79 â„– / 67

REGIONAL

18

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Barbados GII and Dimensions Indicator

Value

Positioning

GII-2020

40.48

39

Structural-security system

45.69

12

100.00

65

4.70

12

Functional-justice system

13.94

37

Human rights

38.04

32

Structural-justice system Functional-security system

Component Indicators Indicator

Value

69-Country Average

Police personnel or law enforcement personnel per 100,000 inhabitants

489.50

314.86

Prisoners divided by the overall penitentiary capacity

304.50

172.90

Prison staff divided by the penitentiary capacity

Accused

65.47

Prison staff divided by prisoners in prisons

Accused

490.95

Proportion of judges

Accused

17.83

103.54

80.53

Prisoners divided by individuals convicted

0.65

1.56

Percentage of individuals detained without judgment

0.57

0.27

10.45

4.34

1.08

5.23

Accused

106.55

0.57

0.47

Individuals brought before courts divided by the overall number of judges

Prisoners for homicide divided by the overall number of homicides Individuals brought before courts divided by the number of individuals that had formal contact with the police Individuals brought before courts divided by the number of prosecutors Human rights

153


Georgia ranks as the 40th out of 69 countries included in the GII-2020. In 2017, it ranked as the 50th out of 67 countries. The area that scored the worst was the justice system, at the structural level, with 85.24. It is located to the southwest of Asia, on the east coast of the Black Sea, and to the south, with the mountain rage of the Caucasus. Armenia, Azerbaijan, the Russian Federation, and Turkey border Georgia. Its coastal line has an extension of 310 km. Due to its geographical location; its territory has been classified as a Eurasian territory. In 2019, its estimated population was of 3.7 million inhabitants. Georgia is a semi-presidential republic, organized as a unitary State, transitioning towards a parliamentary system. The head of State is the president, the head of Government is the prime minister, and the third authority of the State is the chairperson of the Parliament. The legislative branch is formed by the parliament, with 150 members elected by relative majority and by proportional representation every four years. Lastly, the judicial branch is leaded by two courts: the Supreme Court and the Constitutional Court. The first one deals with all administrative matters of the lower courts, whereas the sec-

2020 201 7 COUNTRY 154

ond court deals with matters of human rights and, as its name suggests, with constitutional matters. Just like many post-communist countries, Georgia experienced civil riots and economic crisis but, through the Rose Revolution of 2003, the new government introduced democratic and economic reforms. In 2018, the new Constitution of Georgia became effective, which establishes a parliamentary regime, establishes a proportional electoral system, and eliminates the presidential election by universal suffrage. The GDP of Georgia is of 17 billion dollars, whereas its GDP per capita is of 4,717 dollars (World Bank, 2018). This country has a medium-high Gini coefficient of 37.9 (World Bank, 2017), and holds place 70 of 189 in the Human Development Index, which means it is considered a country with a high human development. The total score of Georgia in the GII-2020 is of 40.51, which situates it in a better ranking than the Asiatic region (46.7). In comparison with the GII-2017, Georgia continues to have a backlog in the structural dimension of the justice system.

40

â„– / 69 VALUE 40.51 VALUE 61.05 â„– / 67

50

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Georgia GII and Dimensions Indicator

Value

Positioning

GII-2020

40.51

40

Structural-security system

59.41

50

Structural-justice system

85.24

49

5.48

13

Functional-justice system

16.55

46

Human rights

35.87

30

Functional-security system

Component Indicators Indicator

Value

69-Country Average

Police personnel or law enforcement personnel per 100,000 inhabitants

240.77

314.86

Prisoners divided by the overall penitentiary capacity

249.95

172.90

Prison staff divided by the penitentiary capacity

Accused

65.47

Prison staff divided by prisoners in prisons

Accused

490.95

7.36

17.83

54.50

80.52

0.63

1.56

0.11

0.27

0.98

4.34

1.13

5.23

Accused

106.55

0.59

0.47

Proportion of judges Individuals brought before courts divided by the overall number of judges Prisoners divided by individuals convicted Percentage of individuals detained without judgment Prisoners for homicide divided by the overall number of homicides Individuals brought before courts divided by the number of individuals that had formal contact with the police Individuals brought before courts divided by the number of prosecutors Human rights

155


Belarus makes its debut in this edition of the GII-2020, ranked as the 41st country. It was not evaluated in the prior edition. The area that scored the worst was the structural dimension of the justice system (74.51), in the functional dimensions; it maintains itself very close to the European average. This is an independent republic of the east of Europe, bordered to the northwest by Lithuania and Latvia, to the northeast and east by Russia, to the south by the Ukraine, and to the west by Poland. It is the only country of the European Union that still has a death penalty in force for serious crimes such as murder, and whose convicted are executed with a shot to the head. The European Council has established negotiations that lay the foundations to abolish the death penalty in that country. It is organized as a republic, with a president, whose government dates back to 1994, and a prime minister. The Council of the Republic forms the legislative branch, with 64 members. Likewise, the house of representatives possesses 110 members, who are elected by the people. The foregoing notwithstanding, the continuity of the president in the office classifies him as a dictator. It has a population is of 9.5 million inhabitants. In economic terms, it has a growth of 2.4%, and a GDP per

2020 201 7 COUNTRY 156

capita of 6,289.94 USD. However, it is the country with the least inequity of the entire European Union, and has the lowest percentage of people who live with less than 5.50 USD per day. The Gini coefficient is of 25.2 (2018). The press community is harassed by the government through a series of measures to control information, whereas those who make clandestine publications are sued, charged with «illegal production and distribution of media products» (Human Rights Watch, 2019). Another alarming aspect of Belarus is the discrimination towards the Gypsy community. In May of 2019, around a hundred people were arrested under the premise that they had murdered a policeman. However, this affirmation was denied, and thus, it was evidenced that the repression was encouraged by discriminatory and xenophobic conducts. Belarus must adopt measures for a greater democratic, economic and social opening because, up to this date, everything indicates that the society is restricted controlled the systematic violation of human rights of freedom of expression, association and assembly, as well as due process of law. The highest value after the values produced according to the structural level is, precisely, the area of human rights (50.00). On the other hand, it must address to its structural dimension, insofar that it obtained the higher values: 58.46 for the security system, and 74.51 for the justice system.

41

№ / 69 VALUE 41.17 NO PARTICIPÓ

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Belarus GII and Dimensions Indicator

Value

Positioning

41.17

41

Structural-security system

58.46

49

Structural-justice system

74.51

35

9.58

29

Functional-justice system

13.28

35

Human rights

50.00

40

GII-2020

Functional-security system

Component Indicators 69-Country Average

Indicator

Value

Police personnel or law enforcement personnel per 100,000 inhabitants

339.60

314.86

Prisoners divided by the overall penitentiary capacity

343.83

172.90

Prison staff divided by the penitentiary capacity

Accused

65.47

Prison staff divided by prisoners in prisons

Accused

490.95

12.71

17.83

37.50

80.52

Prisoners divided by individuals convicted

0.80

1.56

Percentage of individuals detained without judgment

0.15

0.27

Prisoners for homicide divided by the overall number of homicides

3.60

4.34

1.10

5.23

Accused

106.55

0.46

0.47

Proportion of judges Individuals brought before courts divided by the overall number of judges

Individuals brought before courts divided by the number of individuals that had formal contact with the police Individuals brought before courts divided by the number of prosecutors Human rights

157


In the GII-2020, Panama ranks as the 42nd out of 69 countries. Its total score is of 42.54. The GII-2017 ranked Panama as the 54th country with respect to 67 countries evaluated. The area that scored the worst was the justice system, at the structural level (76.23). Panama is bordered, to the north, by the Caribbean Sea, to the west, by the Republic of Colombia, to the south by the Pacific Ocean, and to the west by the Republic of Costa Rica. In 2019, it had a population of 4.2 million inhabitants. Its type of government is a constitutional democracy, a centralized republic. Its legal system is based on the civil law system, and a judicial review of the legislative acts by the Supreme Court of Justice. In the region, it is talked about the Panamanian miracle, because poverty was significantly reduced, which is explained by the economic growth and public transfers. However, during the last years, the country experiences a judicial crisis that involves accusations of corruption and conflicts of power amongst the magistrates of the Supreme Court of Justice. In 2015, the president of the Supreme Court of Justice was removed, tried and con-

2020 201 7 COUNTRY 158

victed to years of imprisonment due to unjustified enrichment and falsehood of documents. The appointment of magistrates was conducted amid an obscure climate that resulted in legal actions filed against seven of the nine magistrates of the Supreme Court of Justice. In Panama, the GDP per capita (2018) is of 15,575 USD, whereas its Gini coefficient (2017) is of 49.9. The Panamanian prosperity is concentrated in a fraction of its population, insofar that the income of 10% of the population may exceed up 35 times those of the rest of the population. The main issue of the Panamanian judicial system is the lack of access to justice, and in turn, relates to a more complex political crisis that requires a process for the institutional consolidation, so that the administration of justice may be independent and transparent. The Judicial Body has a high level of dependency on other public powers. The executive branch controls its budget, and the legislative branch elects the Supreme Court based on the lists submitted by the president of the Republic. Thus, it is crucial to solve the current crisis in the Judicial Branch. Therefore, it is not surprising that its worst scores are those obtained at the structural level, and that, at the functional level, the lowest values have been maintained.

42

â„– / 69 VALUE 42.54 VALUE 63.23 â„– / 67

54

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Panama GII and Dimensions Indicator

Value

Positioning

GII-2020

42.54

42

Structural-security system

66.03

59

Structural-justice system

76.23

36

6.94

17

Functional-justice system

15.65

41

Human rights

47.83

39

Functional-security system

Component Indicators Indicator

Value

69-Country Average

399.21

314.86

380.44

172.90

Prison staff divided by the penitentiary capacity

Accused

65.47

Prison staff divided by prisoners in prisons

Accused

490.95

11.85

17.83

119.04

80.52

Prisoners divided by individuals convicted

2.24

1.56

Percentage of individuals detained without judgment

0.54

0.27

Prisoners for homicide divided by the overall number of homicides

9.35

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

1.03

5.23

19.22

106.55

0.48

0.47

Police personnel or law enforcement personnel per 100,000 inhabitants Prisoners divided by the overall penitentiary capacity

Proportion of judges Individuals brought before courts divided by the overall number of judges

Individuals brought before courts divided by the number of prosecutors Human rights

159


Moldova ranks as the 43th out of 69 countries that had enough statistical information to calculate the GII-2020. In the previous edition, it ranked as the 43th out of 67 countries. The area that scored the worst was the dimension of human rights (100). Moldova is located on the southeast of Europe. Its territory stretches on the northern part of Bessarabia, and on the southern part of Bukovina. This is an inland country bordered, to the north and to east, by the Ukraine, and to the west by Romania. Its population is of 2,681,735 inhabitants. The current Constitution of Moldova became effective on 1994, and was subsequently amended in 2004. The main legislative body is the parliament, a unicameral assembly of 104 members. Voters elect both the representatives and the president for five-year periods. The president elects the members of the Council of Ministers to assist in the functions of the government. Its justice system is divided in courts of first instance, one appellate court, a Supreme Court and a Constitutional Court. The Supreme Court is divided in civil and criminal divisions.

penitentiary conditions, political prisoners, arbitrary interference in privacy, problems with judicial independence, violence and medical abuse of children and adults in psychiatric hospitals, and the use of forced or compulsory children labor. The data of the World Bank situate the GDP per capita (2017) in 2,279.6 USD, its Gini coefficient in 25.7 (2018), and the GDP is situated in 8.128 billion USD. However, according to the UNHCR, it currently is one of the states with greater poverty rates in Europe. It is calculated that near 41% of its population lives with less than five euros per day. With a total value of 44.29, the GII-2020 also indicates that, apart from human rights (100.00), the highest values were obtained at the structural level, with 54.14 for security, and 47.02 for justice. With respect to human rights, the authorities have carried out investigations with respect to official abuses, and have successfully tried officials accused of violations or corruption, even though the selective trials of officials persist, due to political reasons. Thus, the country requires institutional reforms that contribute to solve the problem of impunity, and the violation of human rights that concern to it up to this date.

According to the human rights report of the Government of the United States, Moldova had serious human rights violations, including torture, arbitrary detention, harsh

2020 201 7 COUNTRY 160

43

â„– / 69 VALUE 44.29 VALUE 58.61 â„– / 67

43

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Moldova GII and Dimensions Indicator

Value

Positioning

GII-2020

44.29

43

Structural-security system

54.14

41

Structural-justice system

47.02

11

Functional-security system

8.52

25

Functional-justice system

11.77

29

100.00

61

Human rights

Component Indicators Indicator

Value

69-Country Average

Police personnel or law enforcement personnel per 100,000 inhabitants

273.81

314.86

Prisoners divided by the overall penitentiary capacity

185.74

172.90

Prison staff divided by the penitentiary capacity

Accused

65.47

Prison staff divided by prisoners in prisons

Accused

490.95

Proportion of judges

Accused

17.83

31.85

80.52

Prisoners divided by individuals convicted

0.75

1.56

Percentage of individuals detained without judgment

0.16

0.27

Prisoners for homicide divided by the overall number of homicides

3.22

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

1.44

5.23

Accused

106.55

0.00

0.47

Individuals brought before courts divided by the overall number of judges

Individuals brought before courts divided by the number of prosecutors Human rights

161


Singapore ranks as the 44th out of 69 countries that had enough statistical information to calculate the GII-2020. In the previous edition, it ranked as the 40th out of 67 countries. The area that scored the worst was the structural dimension of the justice system (96.06). With nearly 5.6 million inhabitants estimated in 2019, Singapore is located on Southeast Asia, is formed by a main island and by 64 small islands. It is bordered, to the north, by the Straits of Johor that separates it from Malaysia, to the southwest by the Strati of Malacca that separates it from Indonesia. In 1965, it separated from Malaysia to become independent. Its form of government is the parliamentary republic. The head of State is the President; the head of Government is the prime minister. Likewise, the legislative branch is formed by a unicameral parliament. In 2018, a constitutional amendment was approved to guarantee the multiracial representation in the presidency where, in case a racial group has not held this position during five continuous periods, the elections will be reserved for such group.

conducts inspections without giving prior notice. However, during the last years, its transparency was questioned, because some ministers are allowed to fulfill several duties in simultaneous manner, and that legislators can be members of the boards of private companies, which could give rise to a conflict of interest. It is considered as one of the financial centers of Asia, because it has a healthy economy, its GDP per capita was of 64,581.9 USD (2018), and the Gini coefficient is situated in 0.417 (2018). These indicators situate it as a country with great strength and dynamism, speaking in economic terms. However, notwithstanding these data, there exist several limitations to constitutional freedoms, such as access to information, and the Sedition Act. In terms of impunity, the results of the GII-2020 show that Singapore has a total value of 44.89; the most concerning dimension is the structural dimension, with 96.09 for the security system, and 69.04 for the justice system. In the other end, the lowest values are situated at the functional level for the justice system (30.79), and for the security system (8.99), as well as the dimension of human rights (19.57).

Singapore evolved from a poor country, with high corruption indexes, to a prosperous nation, reducing corruption with the increase of wages and the rotation of officials; it

2020 201 7 COUNTRY 162

44

â„– / 69 VALUE 44.89 VALUE 57.21 â„– / 67

40

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Singapore GII and Dimensions Indicator

Value

Positioning

GII-2020

44.89

44

Structural-security system

69.04

62

Structural-justice system

96.06

62

8.99

27

Functional-justice system

30.79

66

Human rights

19.57

18

Functional-security system

Component Indicators Indicator

Value

69-Country Average

Police personnel or law enforcement personnel per 100,000 inhabitants

169.67

314.86

Prisoners divided by the overall penitentiary capacity

201.42

172.90

Prison staff divided by the penitentiary capacity

35.28

65.47

Prison staff divided by prisoners in prisons

175.18

490.95

1.96

17.83

95.28

80.52

Accused

1.56

Percentage of individuals detained without judgment

0.11

0.27

Prisoners for homicide divided by the overall number of homicides

0.19

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

1.58

5.23

55.70

106.55

0.74

0.47

Proportion of judges Individuals brought before courts divided by the overall number of judges Prisoners divided by individuals convicted

Individuals brought before courts divided by the number of prosecutors Human rights

163


The GII-2020 ranks as the 45th out 69 countries, with a total score of 45.66. In the GII-2017, it ranked as the 36th out of 67 countries. The area that scored the worst was the structural dimension of the justice system, with a value of 98.53. Canada is the second largest country of the world. It is located in North America, and stretches alongside the US border. Up to the Arctic Circle to the north. Due to this geographical proximity, it is its main economic and political ally. Its population is of 37.1 million inhabitants. The government of Canada is a constitutional monarchy, a federal State, and a parliamentary democracy. Queen Elizabeth II is the Queen of Canada and, as such, the head of the Government of the country, and delegates her powers to her representative, the Governor General of Canada. The prime minister and his cabinet perform the duties of the executive branch. The duties of the legislative branch are exercised by the Parliament, formed by two houses: the upper house or Senate, and the lower house or the House of Commons, formed by representatives elected by universal suffrage.

law in nine of the ten provinces. This division is applied differently throughout the national territory. According to the data of the World Bank, its GDP per capita (2018) was of 46,233.0 USD, whereas the Gini coefficient was of 34.0 (2013). Thus, the challenges of this country revolve around the income inequality, which affects minorities such as indigenous communities and immigrants. This situation became worse due to the racism that prevails in the Canadian society. Canada is considered one of the best countries to live, but this is just part of the reality, the GII-2020 indicates that, at structural level, the main problems lie in the justice system (98.53). Likewise, the systems of structural security (50.53), and functional (50.98) show quite similar data. A hypothesis is that the errors of the system should be addressed, mainly in judicial procedures, which are considered inadequate, traumatic and unfair. This is connected to the topic of human rights, where the index situates it with 14.13 points.

The House of Commons is the main legislative instance. Canada has two legal systems: the common law, which constitutes the basis for the federal law, and the provincial

2020 201 7 COUNTRY 164

45

â„– / 69 VALUE 45.66 VALUE 55.27 â„– / 67

36

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Canada GII and Dimensions Indicator

Value

Positioning

GII-2020

45.66

45

Structural-security system

50.53

28

Structural-justice system

98.53

63

Functional-security system

50.98

66

Functional-justice system

14.11

38

Human rights

14.13

14

Component Indicators Indicator

Value

69-Country Average

Police personnel or law enforcement personnel per 100,000 inhabitants

184.51

314.86

Prisoners divided by the overall penitentiary capacity

109.98

172.90

75.23

65.47

684.07

490.95

Accused

17.83

180.67

80.52

Prisoners divided by individuals convicted

0.18

1.56

Percentage of individuals detained without judgment

0.38

0.27

Prisoners for homicide divided by the overall number of homicides

1.76

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

2.69

5.23

Accused

106.55

0.79

0.47

Prison staff divided by the penitentiary capacity Prison staff divided by prisoners in prisons Proportion of judges Individuals brought before courts divided by the overall number of judges

Individuals brought before courts divided by the number of prosecutors Human rights

165


Turkey ranks as the 46th out of 69 countries that had enough statistical information to calculate the GII-2020. In the previous edition, it ranked as the 53rd out of 67 countries. The area that scored the worst was the structural dimension of the justice system (85.09). It is located in Western Asia, it has approximately 82,003,882 inhabitants, its capital city is Ankara, and its currency is the Turkish lira. This country is bordered, to the north, by the territorial waters of the Ukraine in the Black Sea, to the northwest by Bulgaria and Greece, to the east by Armenia, Iran, and Azerbaijan, to the south by the Cypriot waters of the Mediterranean Sea and Syria, and to the southeast by Iraq. The Turkish government is a presidential republic, and in its constitution (adopted on November 7, 1982, after a period of a military government) it is established that this is a democratic, secular, social State, and of legal order. The supreme courts in Turkey are the Constitutional Court, the High Court of Appeals, the Council of State, the High Military Court of Appeals, the High Administrative Military Court, the Court of Jurisdictional Disputes, and the Turkish Court of Accounts.

2020 201 7 COUNTRY 166

In 2017, a constitutional amendment was approved concerning a new presidential system, which eliminates the figure of the prime minister, and confers the executive powers to the president, in this case, the Islamic conservative Recep Tayyip Erdogan. According to the data of the World Bank, its GDP per capita is of 10,540.62 USD (2017). The main problems of Turkey are economic: according to the OECD, 52% of people between 15-64 years in Turkey have a remunerated employment. Therefore, the adjusted net household average income available per capita is less than the average of the OECD of 33,604 USD per year. Therefore, this gives rise to one of the problems that affect Turkey the most: social inequality. This is reflected in the Gini coefficient, situated in 39.80. Turkey stands out for being among the third first countries in Asia with greater impunity. The results show that the total value of the GII-2020 is of 46.17, and that the structural level requires adjustments. In this manner, it is urgent to review the structure and functionality of its institutions: the systems of security, justice and protection of rights is essential. Reforms that allocate resources to grant new employments and improve education must be implemented, in order to reduce inequality and generate a change in its system.

46

â„– / 69 VALUE 46.17 VALUE 62.80 â„– / 67

53

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Turkey GII and Dimensions Indicator

Value

Positioning

46.17

46

Structural-security system

55.24

43

Structural-justice system

85.09

46

Functional-security system

10.92

34

Functional-justice system

25.28

62

Human rights

54.35

45

GII-2020

Component Indicators 69-Country Average

Indicator

Value

Police personnel or law enforcement personnel per 100,000 inhabitants

452.99

314.86

311.64

172.90

Prison staff divided by the penitentiary capacity

Accused

65.47

Prison staff divided by prisoners in prisons

Accused

490.95

Proportion of judges

Accused

17.83

312.17

80.52

Prisoners divided by individuals convicted

0.57

1.56

Percentage of individuals detained without judgment

0.27

0.27

Prisoners for homicide divided by the overall number of homicides

3.85

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

0.51

5.23

Accused

106.55

0.42

0.47

Prisoners divided by the overall penitentiary capacity

Individuals brought before courts divided by the overall number of judges

Individuals brought before courts divided by the number of prosecutors Human rights

167


Bahrain ranks as the 47 th out of 69 countries for the calculation of the GII-2020. In the previous edition, the information necessary to make the calculation was not obtained and, thus, the country was not included in the index. The area that scored the worst was the dimension of human rights (100). With a population of 1.5 million inhabitants, is the country with the least population number in the Middle East. It is an archipelago bordered, to the south, by Qatar, to the north by the Persian Gulf, and to the west by Saudi Arabia. It is governed under a constitutional monarchy that has a bicameral parliament. The power is inherited in the country; the king acts as head of State, whereas the prime minister (also elected by the king) is the head of Government. The legislative branch is formed by the upper house, elected by the king, whereas the lower house is elected by universal vote. The judicial branch is formed by two superior courts: the Court of Cassation and the Constitutional Court.

2020 201 7 COUNTRY 168

The division between the Shiite and Sunni populations has led to long-lasting tensions that have become, sporadically, civil disobedience. The Shiite affirm the existence of a systematic discrimination in both employment and services. In relation to human rights, over the years, the country enjoys greater freedom of expression, and favors a pacific solution for the Israeli-Palestinian conflict through direct negotiations. According to the data of the World Bank, the GDP per capita (2018) is maintained as one of the highest in the region (24,050 USD), and its economy is based on the export of fuels, such as crude oil and natural gas. It has a reduced population. The diversification of economy has been slow in the country, its strong inclination to the extraction and production of fuels has made difficult to introduce other areas of economy such as, by way of example, financial or tourism sectors. The GII-2020 grants a total score of 46.37, the highest values in terms of impunity are found at the structural level. The dictatorial government of Bahrain incurs frequently in violations of human rights, connected, in many occasions, to the dissident groups that intend to generate an opposition to the government. This has significantly reduced the exercise of freedom of expression and assembly by the citizens of the country.

47

â„– / 69 VALUE 46.37 NO PARTICIPĂ“

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Bahrain GII and Dimensions Indicator

Value

Positioning

GII-2020

46.37

47

Structural-security system

40.02

3

Structural-justice system

85.09

46

Functional-security system

1.08

2

Functional-justice system

5.65

4

100.00

61

Human rights

Component Indicators 69-Country Average

Indicator

Value

Police personnel or law enforcement personnel per 100,000 inhabitants

809.48

314.86

Prisoners divided by the overall penitentiary capacity

212.35

172.90

Prison staff divided by the penitentiary capacity

Accused

65.47

Prison staff divided by prisoners in prisons

Accused

490.95

Proportion of judges

Accused

17.83

Individuals brought before courts divided by the overall number of judges

1.78

80.52

Prisoners divided by individuals convicted

1.61

1.56

Percentage of individuals detained without judgment

0.25

0.27

Prisoners for homicide divided by the overall number of homicides

0.43

4.34

64.16

5.23

Accused

106.55

0.00

0.47

Individuals brought before courts divided by the number of individuals that had formal contact with the police Individuals brought before courts divided by the number of prosecutors Human rights

169


The Russian Federation ranks as the 48th out of 69 countries that had enough statistical information to calculate the GII-2020. In the previous edition, it ranked as the 60th out of 67 countries. The areas that scored the worst were the structural dimension of the justice system (54.49), and human rights (100). This country has the most extensive borders of the world, particularly with fourteen countries: Azerbaijan, Belarus, China, North Korea, Estonia, Finland, Georgia, Kazakhstan, Latvia, Lithuania, Mongolia, Norway, Poland, and the Ukraine. It shares maritime boundaries with the United States and Japan. In 2019, its population was of 144.5 million inhabitants. It is organized in a federal semi-presidential republic, with a division of powers, as well as a president, who is the head of State, and a prime minister as head of Government, whereas the legislative branch is formed by the upper house, known as the Federal Parliament, and the lower house, also denominated State Duma. The Russian legal system is based on the tradition of the civil law.

2020 201 7 COUNTRY 170

In general terms, it has a healthy economy, which allows it to maintain its stability, notwithstanding the sanctions imposed by the United States of America. It has a GDP per capita of 27,834 USD, whereas its Gini coefficient obtained a score of 43.90 (Russian Federation, Gini Index, 2017-2019, 2019), disclosing the existence of poverty. The results of the GII-2020 situated Russia with a total value of 46.74; it also indicates that the structural level shows the highest values; notwithstanding the foregoing, the most concerning dimension are human rights that obtained a value of one hundred. Even though since 2009, Russia has incorporated the recommendations to make improvements in matters of human rights, in 2019, there were some situations of concern, such as the fight against extremism that, in general terms, restrict freedom of opinion. The reports disclose the need to issue policies with greater opening and tolerance towards ethnic and social minorities, and a justice system that observes human rights, and that fights corruption and institutional cover-up, must be implemented.

48

â„– / 69 VALUE 46.74 VALUE 65.49 â„– / 67

60

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Russia GII and Dimensions Indicator

Value

Positioning

GII-2020

46.74

48

Structural-security system

47.44

17

Structural-justice system

54.49

17

7.89

21

23.86

61

100.00

61

Functional-security system Functional-justice system Human rights

Component Indicators Indicator

Value

69-Country Average

Police personnel or law enforcement personnel per 100,000 inhabitants

411.03

314.86

Prisoners divided by the overall penitentiary capacity

412.81

172.90

Prison staff divided by the penitentiary capacity

177.72

65.47

430.52

490.95

Proportion of judges

22.68

17.83

Individuals brought before courts divided by the overall number of judges

29.65

80.52

Prisoners divided by individuals convicted

0.81

1.56

Percentage of individuals detained without judgment

0.08

0.27

9.11

4.34

1.03

5.23

28.56

106.55

0.00

0.47

Prison staff divided by prisoners in prisons

Prisoners for homicide divided by the overall number of homicides Individuals brought before courts divided by the number of individuals that had formal contact with the police Individuals brought before courts divided by the number of prosecutors Human rights

171


The GII-2020 ranked Colombia as the 49th out of 69, with a total value of 46.88. In 2017, the GII evaluated 67 countries, and in that year, it held ranked as the 61st. The area that scored the worst was the structural dimension of the justice system, with a score of 88.91. Colombia is located to the northwest of South America, between Panama and Venezuela. It has coasts in the Pacific and Atlantic Oceans. It is estimated that in 2019, its population was of 49.6 million inhabitants. It has a privileged geographical location, because of its commercial interconnection with Central America and South America. With a presidential republic, the Colombian government concentrates its power in the hands of the executive branch; the president of the Republic is the head of State and the highest administrative authority. The legislative branch is formed by two houses: the House of Representatives and the Senate. The judicial branch is formed by the Constitutional Court, the Supreme Court of Justice, the Council of State, the Superior Council of the Judiciary, the Office of the Attorney General of the Nation, and civil and military courts and judges. The judicial institution experiences the influence of military commanders that had managed to legislate that any act performed in an act of service would be considered within the military jurisdiction, and would be tried by military courts.

2020 201 7 COUNTRY 172

Colombia has lived an expansive cycle of fifteen years. However, since 2014, it had to face a continuous deceleration, together with inflation, a fall in foreign investment, and the increase of public debt. According to the data of the World Bank, the GDP per capita (2018) was of 6,667.8 USD, whereas the Gini coefficient (2016) was of 0.517. These data are reflected in an unemployment rate of 9% (ILO), poverty and social inequality. Likewise, according to the GII-2020, at the structural level, the security system (66.26) and the justice system (88.91) are the two dimensions that show more problems. The foregoing is attributable to the weakness shown by the State, by the inability to control the generalized corruption that extends to public and private institutions, and that has been encouraged by the weakness of political parties. This is aggravated due to a deep-rooted drug trafficking throughout all levels, and a situation of continuous violence, that increases upon fighting it, because the firearms have been used with ineffective results, and have serious consequences with respect to matters of human rights (56.52).

49

â„– / 69 VALUE 46.88 VALUE 66.57 â„– / 67

61

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Colombia GII and Dimensions Indicator

Value

Positioning

GII-2020

46.88

49

Structural-security system

66.26

60

Structural-justice system

88.91

54

1.76

4

Functional-justice system

20.97

57

Human rights

56.52

50

Functional-security system

Component Indicators Indicator

Value

69-Country Average

Police personnel or law enforcement personnel per 100,000 inhabitants

357.32

314.86

Prisoners divided by the overall penitentiary capacity

237.37

172.90

29.50

65.47

124.29

490.95

5.53

17.83

26.26

80.52

Prisoners divided by individuals convicted

1.88

1.56

Percentage of individuals detained without judgment

0.33

0.27

24.31

4.34

3.56

5.23

3.17

106.55

0.40

0.47

Prison staff divided by the penitentiary capacity Prison staff divided by prisoners in prisons Proportion of judges Individuals brought before courts divided by the overall number of judges

Prisoners for homicide divided by the overall number of homicides Individuals brought before courts divided by the number of individuals that had formal contact with the police Individuals brought before courts divided by the number of prosecutors Human rights

173


In the most recent evaluation of the GII-2020, Chile ranked as the 50th out of 69 countries, unlike its ranking in the previous edition, where it obtained the ranking as the 45th out of 67 countries. The area that scored the worst was the structural dimension of the justice system, where its score was of 89.72 points. With a population that already rises above 18 million inhabitants, Chile is bordered by Argentina, Bolivia, Peru, and the Pacific Ocean. Due to its location in South America, Oceania and the Antarctica, it is considered a tri-continental country. Its form of government is the democratic republic; the government and the administration of the State are entrusted to the president of the Republic. There are three branches: executive, legislative and judicial. The legislative branch resides in the National Congress, it has supervisory and co-legislative powers, is bicameral, between the Senate and the Chamber of Deputies. The judicial branch is an independent and autonomous body, responsible for the administration of justice. The superior court of this branch is the Supreme Court.

2020 201 7 COUNTRY 174

Notwithstanding that during the last decades Chile made significant efforts to reduce poverty, which nowadays has the lower rates in that country than in any other country in Latin America, the level of inequality of that country is the worst among the members of the OECD. This is reflected in the Gini coefficient, which has a score of 46.6, and in the demonstrations that have taken place since October of last year, while its GDP per capita (2018) is of 15,923.36 USD. The Chilean procedural criminal system has been deeply reformulated during the last years. The result thereof has been a modern and expedite justice in the ruling of procedures. Notwithstanding the foregoing, in the last year, this country surprised the world with a wave of violence caused by the massive protests of the Chilean middle classes, caused by the rise of the prices in transportation, medicines, and unresolved problems, such as in the health and education sectors. Recently, a law that criminalizes social movements was approved. Along these lines, the GII-2020 shows that the worst scores were obtained at the structural level, whereas the functional dimensions were the least worst, with 31.18 for the justice system, and 38.52 for the security system; the same thing happens with the dimension of human rights that had a value of 30.43.

50

â„– / 69 VALUE 47.63 VALUE 59.05 â„– / 67

45

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Chile GII and Dimensions Indicator

Value

Positioning

GII-2020

47.63

50

Structural-security system

48.28

22

Structural-justice system

89.72

56

Functional-security system

38.52

62

31.18

67

30.43

25

Functional-justice system Human rights

Component Indicators Indicator

Value

69-Country Average

Police personnel or law enforcement personnel per 100,000 inhabitants

306.48

314.86

Prisoners divided by the overall penitentiary capacity

220.36

172.90

119.15

65.47

540.73

490.95

5.12

17.83

414.52

80.52

Prisoners divided by individuals convicted

1.64

1.56

Percentage of individuals detained without judgment

0.36

0.27

Prisoners for homicide divided by the overall number of homicides

4.11

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

1.07

5.23

325.38

106.55

0.64

0.47

Prison staff divided by the penitentiary capacity Prison staff divided by prisoners in prisons Proportion of judges Individuals brought before courts divided by the overall number of judges

Individuals brought before courts divided by the number of prosecutors Human rights

175


Kosovo ranks as the 51th out of the 69 countries analyzed in this study, ranked as one of the European countries with greater impunity in the region. Due to the lack of statistical information, it did not form part of the GII-2017. The area that scored the worst was human rights (100.00). Kosovo is a territory that has no access to the sea, and is located at the center of the Balkan Peninsula, bordered by Montenegro, Albania, North Macedonia, and Serbia. Its capital city is Pristina, and has a population is of 1.845 million inhabitants. It is under a special regime, in June of 1999, the United Nations Security Council adopted resolution 1224, after the bombing of Serbia, leaded by the NATO, and the signature of the Kumanovo Agreement. The Serbian leader Milosevic withdrew its forces from Kosovo, and the territory was left in the hands of the United Nations. In 2001, a Parliament was formed, and a president was elected by vote. In 2008, Hashim Thaci, former leader of the Kosovo Liberation Army, won the elections for prime minister, and unilaterally declared its independence. One hundred and seven countries recognize the independence of Kosovo

2020 201 7 COUNTRY 176

(among them, the United States and the countries of the European Union). However, both the United Nations and the NATO consider that the territory of Kosovo forms part of Serbia, even though it does not exercise sovereignty over it. Currently, Thaci holds the office of the president of the Republic. It has a GDP per capita of 4,302.28 USD, and a Gini coefficient of 26.7. Its economy is one of the poorest of Europe the remittances of immigrants and the foreign assistance represent an important part of its support. The industrial sector is very weak, and unemployment is high. It is one of the countries with the highest indexes of impunity in the region. Europe has an impunity index of 33.6, and Kosovo has a total index of 47.69 in the calculations of the GII-2020. This country had less than favorable results in the structural dimension, both in the justice system (57.16), and in the security system (50.21). The corruption and the influence of organized crime gangs are a motive of great international concern, and the existence of smuggling of gasoline, cigarettes and cement. Along these lines, in 2010, the EULEX made the detention of the governor of the Central Bank of Kosovo, accused of corruption, tax evasion and money laundering. This has caused that some media classify Kosovo as a drug state.

51

â„– / 69 VALUE 47.69 NO PARTICIPĂ“

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Kosovo GII and Dimensions Indicator

Value

Positioning

GII-2020

47.69

51

Structural-security system

50.21

27

Structural-justice system

57.16

18

Functional-security system

21.22

55

9.86

19

100.00

61

Functional-justice system Human rights

Component Indicators Indicator

Value

69-Country Average

474.29

314.86

Prisoners divided by the overall penitentiary capacity

89.31

172.90

Prison staff divided by the penitentiary capacity

37.39

65.47

418.69

490.95

Proportion of judges

21.35

17.83

Individuals brought before courts divided by the overall number of judges

72.65

80.52

Prisoners divided by individuals convicted

0.08

1.56

Percentage of individuals detained without judgment

0.25

0.27

Prisoners for homicide divided by the overall number of homicides

2.06

4.34

Accused

5.23

204.47

106.55

0.00

0.47

Police personnel or law enforcement personnel per 100,000 inhabitants

Prison staff divided by prisoners in prisons

Individuals brought before courts divided by the number of individuals that had formal contact with the police Individuals brought before courts divided by the number of prosecutors Human rights

177


Palestine ranks as the 52nd out of 69 countries that had enough statistical information to calculate the GII-2020. It was not included in the previous edition of the GII-2017. The areas that scored the worst were the structural dimension of the justice system (85.09), and human rights (86.28). It is a country located between the Mediterranean Sea and the Valley of the Jordan River, bordered by Israel, Egypt, and Jordan. It is a State with limited recognition. In 2019, its population was of 4.8 million inhabitants, divided between the West Bank and Gaza; there are 4.9 million of Palestinian refugees and residents of Arabian countries, mainly in Jordan, Syria, and Lebanon. The form of the State is a parliamentary democracy, and there exists a de facto division between the West Bank and the Gaza Strip. The Palestinian National Authority is the established interim administrative organization. The foreign policy of Palestine is marked by the Israeli occupation. Therefore, the gain of independence and its recognition as a sovereign State are its main objectives.

2020 201 7 COUNTRY 178

Since 2006, there are no legislative elections and, thus, the renewal both of the State Authority and the Palestinian Legislative Council is still pending. Furthermore, the renewal of the Palestinian National Council is pending, which represents the Palestinian of Palestine, the Diaspora and refugees. The economic situation and its public finances have deteriorated during the last years, due to the economic blockade imposed by Israel many years ago. The persistence of restrictions to the freedom of movements of persons, and the free circulation of goods, represent a burden for the development of the Palestinian economy. In 2017, the GDP per capita was of 2,810.6 USD and, in 2019, the Gini coefficient was of 0.64. Thus, in Palestine there exist two differentiated economic sectors, with different realities and perspectives: The West Bank and the Gaza Strip. In terms of impunity, the results show that the total value of the GII-2020 is of 47.79, and that the dimension with the best score is the functional dimension, with a score, for the justice system, of 1.57, and 2.97 for the security system. In comparison, the structural dimension shows serious problems, 63.06 to the security system, 85.09 to the justice system, whereas human rights obtained the value of 86.28, which can be explained due to the social situation that is lived in Gaza, where an appeal is made for justice and solidarity for the Palestinian people.

52

â„– / 69 VALUE 47.79 NO PARTICIPĂ“

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Palestine GII and Dimensions Indicator

Value

Positioning

GII-2020

47.79

52

Structural-security system

63.06

57

Structural-justice system

85.09

46

Functional-security system

2.97

7

Functional-justice system

1.57

1

86.28

60

Human rights

Component Indicators Indicator

Value

69-Country Average

13.75

314.86

163.71

172.90

Prison staff divided by the penitentiary capacity

Accused

65.47

Prison staff divided by prisoners in prisons

Accused

490.95

Proportion of judges

Accused

17.83

Individuals brought before courts divided by the overall number of judges

10.61

80.52

Prisoners divided by individuals convicted

0.66

1.56

Percentage of individuals detained without judgment

0.73

0.27

Prisoners for homicide divided by the overall number of homicides

0.66

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

Accused

5.23

Individuals brought before courts divided by the number of prosecutors

Accused

106.55

0.00

0.47

Police personnel or law enforcement personnel per 100,000 inhabitants Prisoners divided by the overall penitentiary capacity

Human rights

179


Liechtenstein ranks as the 53rd out of 69 countries that had enough statistical information to calculate the GII-2020. This is the first edition with enough information to include this country in the measures. The area that scored the worst was the dimension of human rights (100). With approximately 40,000 inhabitants, Liechtenstein is located at the center of Europe, and shares borders with Switzerland and Austria. It is a constitutional monarchy, with a parliamentary system of government. Notwithstanding, the prince is the head of State, the sovereignty of this country is shared between the prince and the parliament, which is democratically elected. Twenty-five members elected through direct elections form the parliament of Liechtenstein, known as Landtag.

At the beginning of 2017, Liechtenstein held parliamentary elections. As result of such process, the Progressive Citizens' Party positioned itself ahead, with nine seats in the parliament. Said party promotes a monarchic system, economic liberalism and social conservatism. Liechtenstein is a very prosperous country, in economic terms. According to the data of the World Bank, its GDP per capita is of 168,146 USD. On the other hand, there are no data gathered to observe the index of the country in the Gini coefficient, which, by itself, may indicate that maybe the set of problems of social inequality continues to be present. In matters of impunity, its total value in the GII-2020 is of 47.83, the security system (56.93), and the justice system (72.45), at the structural level, report the highest values in this measure. Liechtenstein is a European country with the highest impunity levels in the region. It is even thirteen points above the regional average.

Unlike other monarchies, the prince still holds important authorities to decide on the direction of the country. However, the political system of Liechtenstein has a strong component of direct democracy: with the signature of one thousand citizens, an assembly of the Parliament can be called, and with the signature of one thousand five hundred, it may request its dissolution.

2020 201 7 COUNTRY 180

53

â„– / 69 VALUE 47.83 NO PARTICIPĂ“

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Liechtenstein GII and Dimensions Indicator

Value

Positioning

GII-2020

47.83

53

Structural-security system

56.93

45

Structural-justice system

72.45

28

Functional-security system

2.83

6

Functional-justice system

6.94

9

100.00

61

Human rights

Component Indicators 69-Country Average

Indicator

Value

Police personnel or law enforcement personnel per 100,000 inhabitants

220.94

314.86

192.01

172.90

Prison staff divided by the penitentiary capacity

Accused

65.47

Prison staff divided by prisoners in prisons

Accused

490.95

Proportion of judges

Accused

17.83

2.63

80.52

Accused

1.56

0.17

0.27

0.00

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

10.42

5.23

Individuals brought before courts divided by the number of prosecutors

22.57

106.55

0.00

0.47

Prisoners divided by the overall penitentiary capacity

Individuals brought before courts divided by the overall number of judges Prisoners divided by individuals convicted Percentage of individuals detained without judgment Prisoners for homicide divided by the overall number of homicides

Human rights

181


Cameroon ranked as the 54th out of 69 countries that had enough statistical information to calculate the GII-2020. In the previous edition, it ranked as the 66th out of 67 countries. The area that scored the worst was the structural dimension of the justice system (100). It is an African country bordered, to the south, by the Equatorial Guinea, Gabon, and the Congo; to the east, it is bordered by the Central African Republic, to the northwest by Chad, and to the west by Niger. Until 1959, Cameroon was under the tutelage of France. In 2019, it was estimated that it had a population of 25.2 million. According to the Constitution of 1996, Cameroon is a unitary republic of presidential nature, with a multiple party system. The president of the Republic and the government by a prime minister forms the executive branch, and the ministers are appointed by the president. The legislative branch is bicameral, with a National Assembly; the Supreme Court is at the top of the judicial hierarchy.

After seven years in office, in July of 2018, the president called presidential elections for that same year. In 2019, the Executive branch was organized again, and the need to seek for solutions to the security crisis experienced by the country was confronted. The economy of Cameroon experiences a stagnation in the income per capita, a relatively unequal distribution of income, endemic corruption, indebtedness of the State, unemployment and inefficiencies in the control of the government in key sectors. According to the data of the World Bank, its GDP per capita is of 1,533.7 USD (2018), likewise, the Gini coefficient is situated in 46.6 (2014), which indicates a great gap between rich and poor. The total value of the GII-2020 for Cameroon was of 47.87, the best values of the index are found at the functional level for the security system (0.0), and for the justice system (5.78). Notwithstanding the foregoing, there are problems at the structural level, in the security system (70.54), the justice system (100), and human rights (63.04), which are associated to the anti-terrorism law, where the authorities can treat any person as a suspect, and thus, the suggestion is to find a more precise definition of terrorism, consistent with international rules.

In 1992, the multiple party system was introduced and, in 1996, the new Constitution was enacted, which maintains the unitary nature of Cameroon. The last constitutional revision took place in 2008, and eliminated the limit of two terms of office for the president of the Republic.

2020 201 7 COUNTRY 182

54

â„– / 69 VALUE 47.87 VALUE 69.39 â„– / 67

66

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Cameroon GII and Dimensions Indicator

Value

Positioning

GII-2020

47.87

54

Structural-security system

70.54

64

100.00

65

Functional-security system

0.00

1

Functional-justice system

5.78

5

63.04

57

Structural-justice system

Human rights

Component Indicators Indicator

Value

69-Country Average

14.84

314.86

113.39

172.90

25.91

65.47

228.52

490.95

Accused

17.83

58.53

80.52

Prisoners divided by individuals convicted

0.95

1.56

Percentage of individuals detained without judgment

0.56

0.27

Prisoners for homicide divided by the overall number of homicides

1.32

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

Accused

5.23

Individuals brought before courts divided by the number of prosecutors

Accused

106.55

0.34

0.47

Police personnel or law enforcement personnel per 100,000 inhabitants Prisoners divided by the overall penitentiary capacity Prison staff divided by the penitentiary capacity Prison staff divided by prisoners in prisons Proportion of judges Individuals brought before courts divided by the overall number of judges

Human rights

183


Ecuador ranks as the 55th out of 69 countries. The GII-2020 assigns a total value of 48.17 to Ecuador. In the index of 2017, it ranked as the 52nd out of 67 countries. The area that scored the worst was the justice system (84.41).

comptroller of the State, in independent manner, according to the respective laws.

With approximately 16,904,867 inhabitants, Ecuador is located in the region of South America. It is bordered by Colombia, Peru, and the Pacific Ocean. Its territory is divided in 24 provinces.

According to the data of the World Bank, the Gini coefficient (2017) is of 44.7, and the GDP per capita (2018) is of 6,344.87 USD, but these are not the main problems of the Andean society, but impunity. At the end of 2019, there were submitted to the president then in office proposals that would modify criminal procedures. Its effectiveness and the results thereof are expected in the short term.

It is a presidential republic, based on the division of powers. The president, who is elected by absolute majority in two periods of four years, forms the executive branch. The legislative branch is represented through a chamber called the National Assembly, formed by 137 seats, of whom 116 are elected under the principle of simple majority, fifteen by proportional representation, and by six Ecuadorian who live abroad. The National Court of Justice, formed by 21 judges, and by the Constitutional Court, forms the judicial branch. The judge members of the former are elected by the Judicial Council, and those of the latter are appointed by the executive, legislative branches, and the powers of citizen participation. The fight against impunity and corruption in the country resides in the work carried out by the general

2020 201 7 COUNTRY 184

The recent situation of violence caused by protests against the elimination of subsidies to fuels is of concern; these actions lead to attest a potential weakening of one of the strongest institutions of the country: the national police.

The dimension that had the worst score for Ecuador is the structural dimension, followed by the dimension of human rights. The country maintains scores near the regional average. However, it is still ranked in a high range of impunity in the index. It is essential for Ecuador to continue strengthening the criminal justice system to carry on with the fight against impunity and, above all, to concentrate itself in the protection of human rights, that is maintained as a variable, with a high score.

55

â„– / 69 VALUE 48.17 VALUE 62.72 â„– / 67

52

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Ecuador GII and Dimensions Indicator

Value

Positioning

48.17

55

Structural-security system

62.46

55

Structural-justice system

84.41

43

19.12

50

Functional-justice system

20.54

55

Human rights

54.35

45

GII-2020

Functional-security system

Component Indicators Indicator

Value

69-Country Average

Police personnel or law enforcement personnel per 100,000 inhabitants

250.91

314.86

Prisoners divided by the overall penitentiary capacity

215.83

172.90

Prison staff divided by the penitentiary capacity

Accused

65.47

Prison staff divided by prisoners in prisons

Accused

490.95

Proportion of judges

Accused

17.83

Individuals brought before courts divided by the overall number of judges

28.19

80.52

Prisoners divided by individuals convicted

15.99

1.56

Percentage of individuals detained without judgment

0.34

0.27

Prisoners for homicide divided by the overall number of homicides

5.59

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

8.81

5.23

Accused

106.55

0.42

0.47

Individuals brought before courts divided by the number of prosecutors Human rights

185


Kazakhstan ranks as the 56th out of 69 countries that had enough statistical information to calculate the GII-2020. In the previous edition, it ranked as the 49th out of 67 countries. The area that scored the worst was the structural dimension of the justice system (100). Kazakhstan is located in the central part of the Eurasian continent. It is bordered, to the north and west, by the Russian Federation, to the east by the People's Republic of China, and to the south by Kirghizstan, Uzbekistan, and Turkmenistan. It is the ninth country of the world according to its territorial extension, and the largest of the former soviet republics; it gained its independence in 1991. Its total population was of 18.3 million inhabitants (2018). Its form of government is a unitary republic, with a presidential regime. The Constitution in force is the constitution of 1995. The legislative branch is a bicameral parliament; the Supreme Court and the Constitutional Council form the judicial branch. Since its independence, a single person elected in 1992, and reelected four consecutive times (1999, 2005, 2011 and 2015) uninterruptedly held the presidency. In 2019, such person resigned and, according to the Constitution, the president of the Senate assumed the presidency in interim manner.

2020 201 7 COUNTRY 186

In 2016, Kazakhstan received 700 reports of torture in detention centers, and 158 officials were found guilty of torture. It was also reported that the authorities do not make a thorough and efficient investigation of accusations of violations of human rights committed in relation to violent clashes, and that the police used excessive force against demonstrators, causing fatalities and injuries. Due to the production of oil and gas, the GDP per capita (2018) was of 9,812.6 USD, which is the greatest in the region, and the Gini coefficient was of 27.5 (2017), with this, Kazakhstan is strong, in economic terms. Notwithstanding its macroeconomic stability, it faces significant challenges in its development, such as unemployment, environmental problems, and must address poverty and inequality. In terms of impunity, the results show that the total value of the GII-2020 is of 48.30, this situates it among the countries that have problems of impunity worldwide. At the structural level, the security system (73.91), and the dimension of human rights (51.09) are stressed due to their high values. In comparison, the functional level was evaluated with very low levels: 4.35 for the security system, and 12.17 for the justice system.

56

â„– / 69 VALUE 48.30 VALUE 61.04 â„– / 67

49

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Kazakhstan GII and Dimensions Indicator

Value

Positioning

48.30

56

73.91

68

100.00

65

Functional-security system

4.35

11

Functional-justice system

12.17

31

51.09

43

GII-2020 Structural-security system Structural-justice system

Human rights

Component Indicators 69-Country Average

Indicator

Value

Police personnel or law enforcement personnel per 100,000 inhabitants

234.35

314.86

183.22

172.90

Prison staff divided by the penitentiary capacity

Accused

65.47

Prison staff divided by prisoners in prisons

Accused

490.95

Proportion of judges

Accused

17.83

16.07

80.52

Prisoners divided by individuals convicted

1.16

1.56

Percentage of individuals detained without judgment

0.16

0.27

Prisoners for homicide divided by the overall number of homicides

4.93

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

2.56

5.23

Accused

106.55

0.45

0.47

Prisoners divided by the overall penitentiary capacity

Individuals brought before courts divided by the overall number of judges

Individuals brought before courts divided by the number of prosecutors Human rights

187


Peru ranked as the 57 th out of the GII2020, in the GII-2017 it ranked as the 63rd out of 67 countries. The area that scored the worst was the dimension of the justice system, at the structural level, with 80.96. This country is located in the western part of South America, and is bordered to the north, by Ecuador and Colombia, to the east by Brazil, to the southeast by Bolivia, and to the south by Chile. The population in 2019 was of 32 million inhabitants. The Peruvian political system is a democratic, social, independent and sovereign republic, with a unitary, representative and a decentralized government that, in turn, is organized under the principle of separation of powers. The executive branch resides in the president; the legislative branch is unicameral and resides in the Congress of the Republic. The judicial branch is formed by hierarchic bodies such as Superior Courts and the Supreme Court of Justice of the Republic, and is represented by the president of the Supreme Court of Justice.

ry chamber. Along these lines, the legislative production will be minimal, and the reformist ambitions in favor of improving the justice systems will remain pending. According to the data of the World Bank, the GDP per capita (2017) is of 6,762 USD, and the Gini coefficient (2017) situated in 0.35. With this, Peru was recognized as one of the countries that has reduced the multidimensional poverty rate, with a positive trend to close the gap of the rural-urban poverty (IMP, 2019). The above notwithstanding, this does not cease to contrast with the evaluation made by the GII-2020, wherein it is observed the need and urgency to work in the security system at the structural level (67.59), and the justice system (80.96), insofar that both of them are dimensions that scored badly, which, since the GII-2017 have showed no improvement. In view of the last occurrences, it is imperative to continue with the fight against corruption and impunity, and that the election of the new judges of the Constitutional Court is not co-opted by particular interests that cause harm to judicial and prosecuting processes.

The governability of Peru has been complicated after the clash between the executive branch and the legislative branch that gave rise to the removal of the presidential cabinet and the organization of another. In 2020, a Congress will be elected, and the presidential and legislative elections will be held, which will renew the parliamenta-

2020 201 7 COUNTRY 188

57

â„– / 69 VALUE 48.31 VALUE 69.04 â„– / 67

64

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Peru GII and Dimensions Indicator

Value

Positioning

GII-2020

48.31

57

Structural-security system

67.59

61

Structural-justice system

80.96

40

Functional-security system

22.55

56

Functional-justice system

15.03

39

Human rights

55.43

49

Component Indicators 69-Country Average

Indicator

Value

Police personnel or law enforcement personnel per 100,000 inhabitants

370.05

314.86

Prisoners divided by the overall penitentiary capacity

275.28

172.90

30.09

65.47

109.33

490.95

9.49

17.83

Accused

80.52

Prisoners divided by individuals convicted

1.04

1.56

Percentage of individuals detained without judgment

0.39

0.27

Prisoners for homicide divided by the overall number of homicides

7.65

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

Accused

5.23

Individuals brought before courts divided by the number of prosecutors

Accused

106.55

0.41

0.47

Prison staff divided by the penitentiary capacity Prison staff divided by prisoners in prisons Proportion of judges Individuals brought before courts divided by the overall number of judges

Human rights

189


Armenia ranks as the 58th out of 69 countries that had enough statistical information to calculate the GII-2020. In the edition GII-2017, it ranked as the 46th out of 67 countries. The area that scored the worst was human rights (100). Armenia shares 1,570 kilometers of borders with Turkey, Georgia, Azerbaijan and Iran, and has a small population that hardly surpasses three million inhabitants. The constitutional changes adopted in December of 2015, turned the political system into a parliamentary democracy. The executive branch is leaded by the head of State (president), elected indirectly by the National Assembly to hold a single term of office of seven years. The head of Government (prime minister) is elected by ballotage by majority of votes. The legislative branch is formed by the National Assembly (or parliament), that is formed by a minimum of 103 seats. The members are elected by proportional representation to hold office for five years. The judicial branch is divided in the Court of Cassation and the Constitutional Court; it is also formed by subordinate courts for specialized matters: Civil, Labor, Criminal, Tutelage Chambers, and a Grand Chamber (en banc).

2020 201 7 COUNTRY 190

According to the World Bank, its GDP per capita is of 4,238 USD. The new government is characterized for implementing anti-corruption measures, a good governance, transparency, and has adopted mechanisms for accountability. The economic situation has also shown benefits in this country, with a growth of 6.8% in 2019, and low inflation levels, which has resulted in a decrease in the poverty rates. The registry of the Gini coefficient in 2017 was of 33.6 points, which lead us to think that inequality is found at an «intermediate-low» level. The total value of the GII-2020 was of 48.72, the dimension that evaluated the best was the functional level. In comparison, the structural dimension was the worst, together with the dimension of human rights, with one hundred points. Violence and discrimination based on sexual orientation and gender identity continue, as well as discrimination and segregation towards persons with disabilities and domestic violence. This indicates the repression of the essential rights of people, and the lack of implementation of public policies to address its main problems, all of this caused by the reforms on the political system that started to operate at the end of 2018.

58

№ / 69 VALUE 48.72 VALUE 59.06 № / 67

46

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Armenia GII and Dimensions Indicator

Value

Positioning

GII-2020

48.72

58

Structural-security system

51.07

30

Structural-justice system

84.67

45

Functional-security system

2.33

5

Functional-justice system

5.53

2

100.00

61

Human rights

Component Indicators 69-Country Average

Indicator

Value

Police personnel or law enforcement personnel per 100,000 inhabitants

Accused

314.86

119.55

172.90

Prison staff divided by the penitentiary capacity

Accused

65.47

Prison staff divided by prisoners in prisons

Accused

490.95

7.64

17.83

12.86

80.52

Prisoners divided by individuals convicted

1.39

1.56

Percentage of individuals detained without judgment

0.36

0.27

Prisoners for homicide divided by the overall number of homicides

2.37

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

3.84

5.23

Individuals brought before courts divided by the number of prosecutors

9.66

106.55

Human rights

0.00

0.47

Prisoners divided by the overall penitentiary capacity

Proportion of judges Individuals brought before courts divided by the overall number of judges

191


The GII-2020 ranked Guatemala as the 59th out of 69, with a total value of 46.88. This country formed part of the GII2017, where it ranked as the 51st out of 67 countries. The area that scored the worst was the justice system, with 89.96 at the structural level. Located in the region of Central America, Guatemala has approximately 17,153,288 inhabitants. It is bordered by the Pacific Ocean, El Salvador, Mexico, Honduras, and Belize. Based on the division of powers, it is a presidential republic. The executive branch emanates from the president, who is elected by absolute majority by ballotage for a period of four years. The legislative branch is unicameral, and is represented by the Congress of the Republic, with 158 seats, of which 127 are directly elected, and 31 are elected by proportional representation. The judicial branch is formed, in its highest level, by two courts. The Supreme Court of Justice, formed by thirteen magistrates and three chambers. The president of the court is the person in charge of the judges throughout the country. Five titular magistrates and five substitute magistrates form the Constitutional Court.

2020 201 7 COUNTRY 192

Guatemala represents one of the greater backward movements of the region. In September of 2019, the close of the International Commission against Impunity in Guatemala (CICIG) was made official. Apart from investigating cases related to the magistrates of the Supreme Court of Justice, members of the Congress and the Government, the CICIG contributed to the reduction of the homicide rate in the country from 45.1 in 2009 to 26.1 in 2017. The CICIG closes after the current president of Guatemala decided not to renew the term of office of the institution. According to the World Bank, the GDP per capita (2018) was of 4,549 USD, and the Gini coefficient of 0.63 (2017); the low education level of its population must be added to the foregoing, as well as the lack of continuity in public policies. Guatemala faces important challenges: a high degree of lack of safety, violence and impunity that undermine the institutions of the State, whereas the presence of drug trafficking and organized crime presuppose a serious threat for public safety. The GII-2020 reaffirms this situation, by showing that the worst scores are found at the structural level, and that the dimension of human rights (56.52) is a latent problem. There is no doubt that the negative effects can have a stronger impact on the country, where inequality and poverty are factors that make the access to justice more difficult.

59

â„– / 69 VALUE 49.66 VALUE 62.40 â„– / 67

51

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Guatemala GII and Dimensions Indicator

Value

Positioning

GII-2020

49.66

59

Structural-security system

63.29

58

Structural-justice system

86.96

51

17.89

47

Functional-justice system

23.63

60

Human rights

56.52

50

Functional-security system

Component Indicators Indicator

Value

69-Country Average

Police personnel or law enforcement personnel per 100,000 inhabitants

175.42

314.86

Prisoners divided by the overall penitentiary capacity

138.70

172.90

Prison staff divided by the penitentiary capacity

Accused

65.47

Prison staff divided by prisoners in prisons

Accused

490.95

Proportion of judges

Accused

17.83

99.97

80.52

Prisoners divided by individuals convicted

1.09

1.56

Percentage of individuals detained without judgment

0.51

0.27

25.08

4.34

0.75

5.23

Accused

106.55

0.40

0.47

Individuals brought before courts divided by the overall number of judges

Prisoners for homicide divided by the overall number of homicides Individuals brought before courts divided by the number of individuals that had formal contact with the police Individuals brought before courts divided by the number of prosecutors Human rights

193


Mexico ranks as the 60th out of 69 countries that had enough statistical information to calculate the GII-2020. In the previous edition, it ranked as the 65th out of 67 countries. The area that obtained the worst score was the structural dimension of the justice system (95.65). With approximately 120 million inhabitants, Mexico is located in North America, and its neighboring countries are the United States, Guatemala, and Belize. Due to its territorial extension, this is the third largest country in Latin America. Its form of government is a representative, democratic and federal government. There exists the division of powers, where the figure of the president is elected by direct and universal vote, where all persons who are 18 years of age and have the Mexican citizenship may participate. The legislative branch is represented by two houses: the House of Representatives and the Senate. Five hundred members, whose duties include the publication of official declarations, make up the former. Whereas the Senate is formed by 128, and has been entrusted with the authorization of amendments to the Political Constitution. On the other hand, there is the judicial branch, formed by different bodies, entrusted with the supervision of the observance of the laws and regulations that govern the State.

2020 201 7 COUNTRY 194

In 2016, a change of vital importance took place in the administration of justice, insofar that there was adopted the modality of oral proceedings and the possibility that, in cases of misdemeanors, the parties involved would be able to reach an indemnification agreement through an alternate understanding. According to the data of the World Bank, its GDP per capita is of 18,900 USD. However, one of the problems that most affects Mexico is the social inequality among the population. This is reflected in the Gini coefficient, situated in 48.3, which indicates a great gap between rich and poor. The results of the GII-2020 show a total value of 49.67, this situates it among the countries that have greater impunity problems in the world, even though it is situated within the average at regional level. Therefore, it is required to develop public policies that may assist to reduce its impact. Furthermore, during the next years, it will be required to assess the efficacy of the new justice system that opens the possibility for oral proceedings.

60

â„– / 69 VALUE 49.67 VALUE 69.21 â„– / 67

65

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Mexico GII and Dimensions Indicator

Value

Positioning

GII-2020

49.67

60

Structural-security system

60.64

51

Structural-justice system

95.65

60

11.43

35

Functional-justice system

26.29

63

Human rights

54.35

45

Functional-security system

Component Indicators Indicator

Value

69-Country Average

Police personnel or law enforcement personnel per 100,000 inhabitants

347.76

314.86

Prisoners divided by the overall penitentiary capacity

142.66

172.90

31.76

65.47

222.59

490.95

2.17

17.83

62.15

80.52

Prisoners divided by individuals convicted

4.62

1.56

Percentage of individuals detained without judgment

0.30

0.27

25.15

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

0.53

5.23

Individuals brought before courts divided by the number of prosecutors

18.77

106.55

Human rights

0.42

0.47

Prison staff divided by the penitentiary capacity Prison staff divided by prisoners in prisons Proportion of judges Individuals brought before courts divided by the overall number of judges

Prisoners for homicide divided by the overall number of homicides

195


Kirghizstan ranks as the 61st out of 69 countries that had enough statistical information to calculate the GII-2020. It was not considered in the prior edition due to the lack of statistically representative information. The area that scored the worst was the structural dimension of the justice system (100). Kirghizstan is one of the former soviet republics of Central Asia. The People’s Republic of China borders it to the north by Kazakhstan, to the south by Tajikistan, and to the west by Uzbekistan. In 1991, the Republic Kyrgyz obtained its independence from the Soviet Union. In 2019, its population was estimated in 6.3 million. Its government system is that of a semi-presidential republic, the head of State is the prime minister. Likewise, the legislative branch is unicameral and resides in a parliament. The higher judicial instance is the Supreme Court. In 2010, a referendum was approved, which included changes in the political structure of the country; a new Constitution was approved, which establishes a system of balance among the executive and legislative branches, and the president.

rogatives on the army and on the state security organizations. Since its independence from the USSR, some uprisings of popular nature and origin have taken place. In 2010, there were some outbreak of inter-ethnic violence, arbitrary detentions, torture, threats and physical attacks to the accused; some criminal investigations are still open, and the prosecuting authorities have refused to investigate these facts. It is one of the poorest countries of the region, and is considered that its economy experiences a transition phase; thus, it indicates inequality and poverty. Its economy depends greatly on the remittances of citizens that work abroad. It is foreseen that the growth of the country will depend on the progress in the fight against corruption, and the improvement of administrative transparency. According to the data of the World Bank, its GDP per capita is of 1,281.4 USD (2018), and the Gini coefficient is situated in 27.3 (2017). In terms of impunity, the total value of the GII-2020 is of 51.80, whereas the results due to the dimension indicate that its best scores are concentrated at the functional level: in the security system (8.23), and in the justice system (13.45). At the structural levels, the areas that must be addressed are the justice system (100), and the security system (73.17), the same situation is observed in the dimension of human rights (64.13).

The figure of the president has experienced most of the reductions under the constitutional reform, even though such figure maintains the role of head of State, with pre-

2020 201 7 COUNTRY 196

61

№ / 69 VALUE 51.80 NO PARTICIPÓ

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Kirghizstan GII and Dimensions Indicator

Value

Positioning

GII-2020

51.80

61

Structural-security system

73.17

67

100.00

65

8.23

23

Functional-justice system

13.45

36

Human rights

64.13

58

Structural-justice system Functional-security system

Component Indicators 69-Country Average

Indicator

Value

Police personnel or law enforcement personnel per 100,000 inhabitants

Accused

314.86

164.81

172.90

Prison staff divided by the penitentiary capacity

Accused

65.47

Prison staff divided by prisoners in prisons

Accused

490.95

Proportion of judges

Accused

17.83

57.09

80.52

Prisoners divided by individuals convicted

1.34

1.56

Percentage of individuals detained without judgment

0.18

0.27

Prisoners for homicide divided by the overall number of homicides

3.99

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

0.86

5.23

22.74

106.55

0.33

0.47

Prisoners divided by the overall penitentiary capacity

Individuals brought before courts divided by the overall number of judges

Individuals brought before courts divided by the number of prosecutors Human rights

197


Nepal ranks as the 62nd out of 69 countries that had enough statistical information to calculate the GII-2020. In the prior edition, it was not considered in the index. The area that scored the worst was the structural dimension of the justice system (100). Nepal is located between China and India, two of the main geographical poles of its foreign policy. It is separated from China by the Himalayan mountain ranges; this small country has great geographic diversity. In 2019, its population was estimated in 28.1 million. Its system of government is a parliamentary republic, with a head of State and a head of Government. The legislative branch is a bicameral parliament; the Supreme Court and the district courts form the judicial branch. The president and the council of ministers fulfill the duties of the executive branch, the president holds, in essence, ceremonial powers, and is indirectly elected by an electoral college formed by members of the lower house and of the provincial parliamentary assemblies.

2015, and defined Nepal as a democratic and federal republic that recognizes the ethnic, linguistic, religious and cultural diversity of the country. According to the data of the World Bank, its GDP per capita is of 1,033.9 USD (2018), and the Gini coefficient is situated in 32.8 (2010). Nepal is one of the least developed countries in the world. Approximately one quarter of its population lives underneath the poverty threshold, and depends largely on remittances, and agriculture is the basis of its economy. In 2015, it experienced a large earthquake, and political stagnation during the last years. The recent public protests have hindered the recovery subsequent to the earthquake, and have prevented a most needed economic reform. In terms of impunity, the results show that the total value of the GII-2020 is of 51.94, and that its impunity problems concentrate at the structural level, with the justice system (100), and the security system (70.38), and human rights (56.52); whereas, at the functional level, the justice system and the security system were situated in 15.95 and 16.86. The foregoing can be explained due to the fact that the new constitution exerts discrimination and exclusion towards vulnerable groups such as indigenous people, women and persons with a low socioeconomic status.

It was an absolute monarchy until 1990, afterwards, it was a parliamentary monarchy, and in 2007, the provisional constitution abolished the monarchy and proclaimed the republic. The current constitution became effective in

2020 201 7 COUNTRY 198

62

â„– / 69 VALUE 51.94 NO PARTICIPĂ“

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Nepal GII and Dimensions Indicator

Value

Positioning

GII-2020

51.94

62

Structural-security system

70.38

63

100.00

65

Functional-security system

16.86

46

Functional-justice system

15.95

44

Human rights

56.52

50

Structural-justice system

Component Indicators Indicator

Value

69-Country Average

195.97

314.86

66.00

172.90

Prison staff divided by the penitentiary capacity

Accused

65.47

Prison staff divided by prisoners in prisons

Accused

490.95

Proportion of judges

Accused

17.83

91.95

80.52

Prisoners divided by individuals convicted

6.44

1.56

Percentage of individuals detained without judgment

0.26

0.27

Prisoners for homicide divided by the overall number of homicides

2.19

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

0.30

5.23

Accused

106.55

0.40

0.47

Police personnel or law enforcement personnel per 100,000 inhabitants Prisoners divided by the overall penitentiary capacity

Individuals brought before courts divided by the overall number of judges

Individuals brought before courts divided by the number of prosecutors Human rights

199


For the first time, Guyana has enough information to be included in the GII. Due to this reason, in the previous edition, it was considered as part of the group of countries with statistical impunity. In this edition, it ranked as the 63rd out of 69. Its area that scored the worst was the structural dimension of the justice system, with 84.41 points. With approximately 779,000 inhabitants (2019), it is located to the north of South America, bordered by the North Atlantic Ocean, between Surinam and Venezuela. It was originally a Dutch colony, and gained its independence from the United Kingdom in 1966; since that date on, governments of socialist nature have marked the policy of the cooperative republic. It is a parliamentary republic with three divisions of powers. Leading the executive branch is the president, who acts as head of Government and head of the State, and has four vice-presidents. The legislative branch consists in a unicameral National Assembly, formed by 65 members elected by proportional representation that hold their offices for a term of five years. The Supreme Court of Judicature is at the front of the judicial branch, divided in the Court of Appeal and the High Court. In 2009, Guy-

2020 201 7 COUNTRY 200

ana established the Caribbean Court of Justice as its final court of appeal for civil and criminal cases. According to the data of the World Bank, the GDP per capita of Guyana is of 4,979 USD. However, the last record shows that the Gini coefficient for this country dates back to 1998, with a value of 44.60, which has made difficult to measure the distribution of income in recent years. The results produced by the GII-2020 show that the most deficient area of Guyana is the structural dimension. Likewise, the total value that this country obtains is of 52.07, situating it among the countries with the highest impunity index in the world. Therefore, it faces challenges to improve the country in terms of impunity: there is a significant problem of trafficking in persons, with sexual and labor exploitation purposes. In 2020, it held general elections insofar that then holder of the position as president lost a motion of censure in the Parliament, which means that the government will be dissolved, and the country will elect a successor. This is the first time in the history of Guyana that a motion of censure succeeds. The reason was the waste of oil resources, which have been delivered to the company Exxon Mobil.

63

â„– / 69 VALUE 52.07 NO PARTICIPĂ“

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Guyana GII and Dimensions Indicator

Value

Positioning

GII-2020

52.07

63

Structural-security system

58.38

48

Structural-justice system

84.41

43

Functional-security system

39.49

63

Functional-justice system

18.30

49

Human rights

59.78

55

Component Indicators Indicator

Value

69-Country Average

Police personnel or law enforcement personnel per 100,000 inhabitants

465.02

314.86

Prisoners divided by the overall penitentiary capacity

284.38

172.90

65.15

65.47

229.11

490.95

Accused

17.83

101.09

80.52

Prisoners divided by individuals convicted

0.07

1.56

Percentage of individuals detained without judgment

0.31

0.27

Prisoners for homicide divided by the overall number of homicides

14.69

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

13.23

5.23

376.81

106.55

0.37

0.47

Prison staff divided by the penitentiary capacity Prison staff divided by prisoners in prisons Proportion of judges Individuals brought before courts divided by the overall number of judges

Individuals brought before courts divided by the number of prosecutors Human rights

201


Paraguay ranks as the 64th out of the 69 countries included in the GII-2020. In 2017, it ranked as the 59th out of 67 countries. The area that scored the worst was the dimension of human rights (100). With a population of approximately 7.2 million inhabitants, this country is located in South America, and shares its borders with Bolivia, Brazil, and Argentina. The country is divided in 17 departments and one capital district (Asunción). Its form of government is a democratic, representative and federal government. The head of the Executive branch resides in the office of president of the Republic, who performs such duties for a period of five years. One of the specific characteristics of this country was the early establishment of a pluralistic political system, with an electoral system that allowed the regular renewal of its public figures. The citizens exercise their voting rights to elect their president, who does not have the possibility of reelection.

the country obtains a score of 48.8, placing itself as the third country with greater inequality levels in the region, only under Brazil and Colombia. The government of the military dictatorship of Alfredo Stroessner institutionalized practices such as corruption and impunity, causing a deep economic and social instability, and organizing the current deficient Justice system, where these conducts are common. The country urgently needs a reform to the justice system to guarantee the administration of justice, the promotion of respect for human rights, and the rejection of any type of tolerance to crime. The results of the GII-2020 assign to this country a total value of 53.15, and show that the structural dimension obtained the highest scores. However, the most alarming dimension is the dimension of human rights (100). Due to the above, it is necessary ty review the Paraguayan justice system, and guarantee the independence and impartiality throughout all stages of the judicial process.

It has a small economy, with a GDP per capita of 5,800 USD. The economy of the country has grown at an average rate of 4.5% per annum between 2004 and 2017. This is greater than most countries of the region. The economic growth of the country is strongly affected by the great gap of inequality, as shown by the Gini coefficient, where

2020 201 7 COUNTRY 202

64

№ / 69 VALUE 53.15 VALUE 65.38 № / 67

59

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Paraguay GII and Dimensions Indicator

Value

Positioning

53.15

64

Structural-security system

62.44

54

Structural-justice system

78.04

38

Functional-security system

13.85

40

Functional-justice system

11.40

25

100.00

61

GII-2020

Human rights

Component Indicators 69-Country Average

Indicator

Value

Police personnel or law enforcement personnel per 100,000 inhabitants

230.43

314.86

Prisoners divided by the overall penitentiary capacity

199.60

172.90

Prison staff divided by the penitentiary capacity

Accused

65.47

Prison staff divided by prisoners in prisons

Accused

490.95

Proportion of judges

10.94

17.83

Individuals brought before courts divided by the overall number of judges

51.00

80.52

Prisoners divided by individuals convicted

3.78

1.56

Percentage of individuals detained without judgment

0.76

0.27

Prisoners for homicide divided by the overall number of homicides

8.50

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

0.39

5.23

Individuals brought before courts divided by the number of prosecutors

9.06

106.55

Human rights

0.00

0.47

203


Azerbaijan ranks as the 65th out of 69 countries that had enough statistical information to calculate the GII-2020. It was not included in the prior edition. The area that scored the worst was the structural dimension of the justice system (90.36), and human rights (100). With approximately 9.9 million inhabitants, Azerbaijan is a country located in Western Asia, adjacent to the north by the Russian Federation, to the west by Armenia, to the south by Iran, and to the northwest by Georgia. Its form of government is the democratic republic, with a unicameral parliament. The head of State is the president, who appoints the vice-presidents, the prime minister and the other members of the Government. The current president was reelected for his fourth term of office in the presidential elections of 2018: international observers verified the existence of irregularities in the elections and on the day of the elections.

the president of the Republic in case of death or disability of the latter. Non-governmental organizations have made accusations indicating that the government of Azerbaijan restricts freedoms, violates human rights, and prosecutes opponents and deceits in the elections. It declared its independence in 1991, and it was immersed, during its first years, in a situation of huge instability caused by the standstill of the economy and the war against Armenia. Notwithstanding, Azerbaijan is considered as an economy in transition. According to the data of the World Bank, its GDP per capita is of 4,721.2 USD (2018), which implies a low-income standard of living for its citizens, whereas the Gini coefficient is situated in 26.6 (2005), and shows that challenges such as poverty, inequality, unemployment and labor immigration must be addressed but, above all, the unresolved political conflict. In terms of impunity, the results show that the value of the GII-2020 is of 54.56, this situates it among the countries with problems of impunity in the world, together with problems in dimensions at the structural level. In comparison, the high scores at the functional level for the security system (6.90), and the justice system (12.97) stand out.

In 2002, a constitutional amendment was approved, which affected important aspects of the system. This implied the adoption of a majority electoral system for the Assembly, the reduction of the majority required to reelect the president, and the substitution of the president of the Parliament for the prime minister as successor of

2020 201 7 COUNTRY 204

65

â„– / 69 VALUE 54.56 NO PARTICIPĂ“

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Azerbaijan GII and Dimensions Indicator

Value

Positioning

GII-2020

54.56

65

Structural-security system

62.60

56

Structural-justice system

90.36

58

6.90

16

12.97

34

100.00

61

Functional-security system Functional-justice system Human rights

Component Indicators Indicator

Value

69-Country Average

116.40

314.86

232.08

172.90

Prison staff divided by the penitentiary capacity

Accused

65.47

Prison staff divided by prisoners in prisons

Accused

490.95

4.81

17.83

33.42

80.52

Prisoners divided by individuals convicted

1.69

1.56

Percentage of individuals detained without judgment

0.15

0.27

Prisoners for homicide divided by the overall number of homicides

2.00

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

0.86

5.23

Accused

106.55

0.00

0.47

Police personnel or law enforcement personnel per 100,000 inhabitants Prisoners divided by the overall penitentiary capacity

Proportion of judges Individuals brought before courts divided by the overall number of judges

Individuals brought before courts divided by the number of prosecutors Human rights

205


Algeria ranks as the 66th out of 69 countries that had enough statistical information to calculate the GII-2020. In the previous edition, it ranked as the 30th out of 67 countries. The area that scored the worst was the structural dimension of the justice system (83.21). Algeria is located to the north of Africa, in the Basins of Southern Africa, bordered by the Mediterranean Sea, between Morocco and Tunis, and it is bordered to the south by Mali and Niger. It is the most extensive country of Africa. It is estimated that, in 2019, its population was of 42.2 million. The urbanization is dense; more than 70% of the population reside in urban nucleus. The system of government is the presidential republic, the head of State is the president, and the head of Government is the prime minister. The parliament is bicameral and is formed by the Council of the Nation; the Supreme Court represents the judicial branch. In 1989, the multiple party system was established. In 2008, the limit established on presidential terms of office was eliminated under a constitutional amendment, thus allowing the reelection of the current president for the fourth time.

2020 201 7 COUNTRY 206

From 2010 to 2012, there were some protests known as the Arab Spring, exposing problems such as unemployment, democracy, lack of transparency of the government, a weak and obscure judicial system, unemployment and corruption in the public and business sector. As response, the government restricted civil freedoms and use repression in political protests. The economy of Algeria is still dominated by the State, and the latter has brought to a halt the privatization of the state industries, and has imposed restrictions to imports and foreign participation, whereas hydrocarbons have been the main source of its economy for a long time. According to the data of the World Bank, its GDP per capita is of 4,114.7 USD (2018), and the Gini coefficient is situated in 27.6 (2011), which indicates a great gap between rich and poor, as well as long-term economic challenges. The GII-2020 placed Algeria in the last rankings of the index, with a total value of 57.63. Moreover, the results show that the justice system, at the structural level (83.21), and functional in matters of security (68.50) must be addressed and must be prioritized.

66

â„– / 69 VALUE 57.63 VALUE 53.84 â„– / 67

30

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Algeria GII and Dimensions Indicator

Value

Positioning

GII-2020

57.63

66

Structural-security system

61.55

52

Structural-justice system

83.21

41

Functional-security system

68.50

69

Functional-justice system

31.42

68

Human rights

43.48

36

Component Indicators Indicator

Value

69-Country Average

Police personnel or law enforcement personnel per 100,000 inhabitants

402.24

314.86

Prisoners divided by the overall penitentiary capacity

139.36

172.90

Prison staff divided by the penitentiary capacity

Accused

65.47

Prison staff divided by prisoners in prisons

Accused

490.95

Proportion of judges

Accused

17.83

196.13

80.52

Prisoners divided by individuals convicted

3.95

1.56

Percentage of individuals detained without judgment

0.08

0.27

Prisoners for homicide divided by the overall number of homicides

1.26

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

0.27

5.23

Accused

106.55

0.52

0.47

Individuals brought before courts divided by the overall number of judges

Individuals brought before courts divided by the number of prosecutors Human rights

207


With a total value of 58.04, it ranks as the 67 th out of 69 for the GII-2020. It was not included in the prior edition. The area that scored the worst was the structural dimension of the justice system (83.21). With a population of 36 million inhabitants (2019), it is located at the northwest end of the continent of Africa, bordered by the Mediterranean Sea to the north, and by the Atlantic Ocean to the west; the Sahara Desert stretches over a great portion of the south and the east. Its form of government is the constitutional democratic monarchy, parliamentary. The head of government and the ministers form the Moroccan government, the government is accountable before the king and before the parliament. The prime minister is the head of Government; the Parliament is formed by two houses: the House of Representatives and the House of Councilors, its judicial branch is independent from the legislative branch and the executive branch. With a new constitution, more liberal and with restrictions to the powers of the king in favor of the Head of Government, it is considered that Morocco is politically stable. Since 2016, there have been protests and uprisings claiming investments in health, education and employment. It has also shown factors of risk, such as a high level of

2020 201 7 COUNTRY 208

corruption and the authoritarianism of the regime. Therefore, there is a distance between the political class and the population, as proved by the high rates of abstention in all electoral referendums. In relation to the rest of the countries of the region, the Moroccan economy has reached, during the last years, an average growth rate, notwithstanding the geopolitical and economic context. Its economic development is characterized by its duality, with traditional and modern sectors, where productivity is achieved and technology is incorporated. According to the data of the World Bank, its GDP per capita is of 3,237.9 USD (2018), and the Gini coefficient is situated in 39.5 (2013). This implies that social inequality, unemployment, lack of transparency and corruption generate dissatisfaction. The results of the GII-2020 show that, in general, all dimensions analyzed must be addressed; those of the structural level show the most alarming values. However, at the functional level there are also problems, due to the values of 22.30 for the justice system, and 53.05 for the security system. The same happens for human rights, which value was of 58.70.

67

â„– / 69 VALUE 58.04 NO PARTICIPĂ“

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Morocco GII and Dimensions Indicator

Value

Positioning

GII-2020

58.04

67

Structural-security system

72.94

66

Structural-justice system

83.21

41

Functional-security system

53.05

67

Functional-justice system

22.30

59

Human rights

58.70

54

Component Indicators Indicator

Value

69-Country Average

Police personnel or law enforcement personnel per 100,000 inhabitants

153.47

314.86

Prisoners divided by the overall penitentiary capacity

227.85

172.90

Prison staff divided by the penitentiary capacity

25.80

65.47

Prison staff divided by prisoners in prisons

113.25

490.95

8.37

17.83

154.48

80.52

Accused

1.56

Percentage of individuals detained without judgment

0.14

0.27

Prisoners for homicide divided by the overall number of homicides

2.09

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

1.67

5.23

481.74

106.55

0.38

0.47

Proportion of judges Individuals brought before courts divided by the overall number of judges Prisoners divided by individuals convicted

Individuals brought before courts divided by the number of prosecutors Human rights

209


Honduras ranks as the 68th out of 69 countries that had enough statistical information to calculate the GII-2020. In the previous edition, it ranked as the 58th out of 67 countries. The area that scored the worst was at the structural level, in the justice system (86.96). With nearly 9,235,340 inhabitants, the Republic of Honduras is a country located in Central America, bordered by the Caribbean Sea, between Guatemala and Nicaragua, and bordered by the Gulf of Fonseca (North Pacific Ocean), between El Salvador and Nicaragua. Its form of government is republican, presidential, democratic and representative. It has 18 divisions; 128 members of the National Congress are directly elected for periods of four years. The president is elected by popular vote, and wins by a simple majority. The Constitution in force dates back to 1982, and has been the object of several amendments during the last years. Several articles of the Honduran Constitution of 1982 prohibited the reelection of the president, even though a judgment of the Supreme Court of April 22, 2015, declared such articles as inapplicable, opening the door to reelection. One of its main problems is im-

2020 201 7 COUNTRY 210

migration. It is estimated that, in 2019, its international immigration was of 38,900 Honduran who live among the United States of America, Spain, Canada, and Italy. According to the data of the World Bank, its GDP per capita is of 2,500.11 USD. However, one of the problems affecting Honduras is the disputes in the border with El Salvador, as well as the use and transportation of illegal drugs but, above all, corruption. Likewise, it has a great range of social inequality, reflected in the Gini coefficient, which is situated in 52.1. The results of the GII-2020 show that Honduras obtained a value of 59.69, which implies an improvement in face of the value of the GII-2017, which was of 65.04, even though it is situated, in both indexes, among the countries with serious problems in matters of impunity. In this measure, its problems lie in the structural level, since it obtained 72.06 in the security system and 86.96 in the justice system. With respect to human rights, it has a score of 66.30, and thus, it is suggested to implement public policies to improve it. In general, Honduras presents great challenges connected to impunity, such as the high levels of crime and violence.

68

â„– / 69 VALUE 59.69 VALUE 65.04 â„– / 67

58

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Honduras GII and Dimensions Indicator

Value

Positioning

GII-2020

59.69

68

Structural-security system

72.06

65

Structural-justice system

86.96

51

Functional-security system

43.34

64

Functional-justice system

29.79

65

Human rights

66.30

59

Component Indicators Indicator

Value

69-Country Average

Police personnel or law enforcement personnel per 100,000 inhabitants

154.61

314.86

Prisoners divided by the overall penitentiary capacity

198.39

172.90

Prison staff divided by the penitentiary capacity

22.79

65.47

Prison staff divided by prisoners in prisons

114.87

490.95

Accused

17.83

26.83

80.52

Prisoners divided by individuals convicted

3.27

1.56

Percentage of individuals detained without judgment

0.58

0.27

39.65

4.34

0.96

5.23

366.61

106.55

0.31

0.47

Proportion of judges Individuals brought before courts divided by the overall number of judges

Prisoners for homicide divided by the overall number of homicides Individuals brought before courts divided by the number of individuals that had formal contact with the police Individuals brought before courts divided by the number of prosecutors Human rights

211


Thailand ranked as the 69th out of 69 countries that had enough statistical information to calculate the GII-2020. It was not included in the prior edition. The area that scored the worst was the structural dimension of the justice system (95.89). With nearly 69.4 million inhabitants, Thailand is bordered by Cambodia and Laos; to the west by Myanmar and the Andaman Sea, and to the south, by Malaysia. Since 2005, the country is immersed in great political unrest, and various coup d'état have taken place. It is a democratic constitutional monarchy, where the prime minister is the head of Government. The head of State is the king; the judicial branch resides in three main bodies: The Supreme Court of Justice, the Constitutional Court and the Supreme Administrative Court. The legislative branch is concentrated in the Parliament, which is unicameral.

The economy of Thailand has experienced a slow growth during the last years, caused by political problems and the slow progress of the global economy. This has caused a contraction in the Thai exports. During the last decades, it made the transition from an eminently agricultural basis to a platform of production of intensive manufactures in labor, which are destined to the international market. Its GDP per capita is of 7,273.6 USD (2018), and the Gini coefficient is situated in 36.5 (2017), which indicates a great inequality between rich and poor, as well as a gap between the urban aspect and the rural aspect. In terms of impunity, the results show that the total value of the GII-2020 is of 62.82, placing it in the last place of the index, and showing that this is the country with the worst scores. Except for the justice system at the functional level (21.73), the rest of the dimensions have very high values: security system (80.71) at the structural level, the functional security system (59.23), and human rights (56.52).

Notwithstanding that the Thai monarchy lacks absolute powers since 1932, the king is considered as a symbol of unity, and some sort of spiritual father of the Thai nation. The political life is characterized by the struggle between old and new elites, bureaucrats and the army. Thailand faces serious political and social challenges that must be addressed, which are, mainly, poverty and inequality.

2020 201 7 COUNTRY 212

69

№ / 69 VALUE 62.82 NO PARTICIPÓ

REGIONAL

INTERNATIONAL

Security System

Justice System

STRUCTURAL

Security System

Justice System

FUNCTIONAL

Human Rights

TOTAL


Thailand GII and Dimensions Indicator

Value

Positioning

GII-2020

62.82

69

Structural-security system

80.71

69

Structural-justice system

95.89

61

Functional-security system

59.23

68

Functional-justice system

21.73

58

56.52

50

Human rights

Component Indicators Indicator

Value

69-Country Average

Police personnel or law enforcement personnel per 100,000 inhabitants

315.66

314.86

Prisoners divided by the overall penitentiary capacity

535.69

172.90

Prison staff divided by the penitentiary capacity

Accused

65.47

Prison staff divided by prisoners in prisons

Accused

490.95

Proportion of judges

Accused

17.83

202.20

80.52

0.53

1.56

0.17

0.27

Prisoners for homicide divided by the overall number of homicides

3.20

4.34

Individuals brought before courts divided by the number of individuals that had formal contact with the police

0.10

5.23

Accused

106.55

0.40

0.47

Individuals brought before courts divided by the overall number of judges Prisoners divided by individuals convicted Percentage of individuals detained without judgment

Individuals brought before courts divided by the number of prosecutors Human rights

213


References


Aldas-Mejías, S. (2017). Buen gobierno y cultura de la legalidad, componentes esenciales de las políticas de seguridad contra el crimen organizado. In El crimen organizado en América Latina: manifestaciones, facilitadores y reacciones (123-153). Madrid: Universidad Nacional de Educación a Distancia, Instituto Universitario General Gutiérrez Mellado. Azaola, E. y Bergman, M. (2009). Delincuencia, marginalidad y desempeño institucional. México: CIDE. Becker, G. (1968). Crimen y castigo: un enfoque económico. Journal of Political Economy. Commission on Human Rights (2005). Report of the independent expert to update the Set of principles to combat impunity, Diane Orentlicher*. United Nation’s Economic and Social Council. Retrieved from: https://undocs.org/E/ CN.4/2005/102/Add.1 Economic Commission for Latin America and the Caribbean (CEPAL). (2020). Health and the economy: A convergence needed to address COVID-19 and retake the path of sustainable development in Latin America and the Caribbean. Retrieved from: https://repositorio.cepal.org/bitstream/handle/11362/45841/ S2000461_en.pdf?sequence=4&isAllowed=y European Commission. (n.d.). Northern Ireland. Retrieved from: https://ec.europa. eu/growth/tools-databases/regional-innovation-monitor/base-profile/northern-ireland Financial Action Task Force. (2020). COVID-19-related Money Laundering and Terrorist Financing Risks and Policy Responses. Retrieved from: https://www. fatf-gafi.org/media/fatf/documents/COVID- 19-AML-CFT.pdf Fundación Pares. (October 15th, 2019). La impunidad en Colombia, una realidad alarmante. Retrieved from: https://pares.com.co/2019/10/15/indice-de-im- punidad-colombia-2019-un-examen-a-la-justicia/ Gaitán, F. (2001). Multicausalidad, impunidad y violencia: una visión alternativa. Revista de Economía Institucional, (5). Groome, D. (2011). The Right to Truth in the Fight Against Impunity. Berkeley Journal of International Law, 29. Grupo de Acción Financiera de Latinoamérica (GAFILAT). (2020). Comunicado sobre COVID-19 y sus riesgos asociados de LA y FT. Retrieved from: uif.gob.mx/ work/models/uif/comunicados/imp/CGAFILAT.pdf Humpher, M. y Valverde, E. (2007). Human rights, Victimhood and Impunity: An Anthropology of Democracy in Argentina. Social Analysis, 51.

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Interpol. (April, 2020). Global Landscape on COVID-19 Cyberthreat. Retrieved from: https://www.interpol.int/Crimes/Cybercrime/COVID-19-cyberthreats Jochnick, C. (1999). Confronting the impunity of Non-State Actors: New Fields for the Promotion of Human rights. Human Rights Quarterly, 21(1). Jones, E. y Aughey, A. (February 11th, 2020). Northern Ireland. Encyclopædia Britannica. Retrieved from: https://www.britannica.com/place/Northern-Ireland Jorgensen, N. (2009). Impunity and Oversight: When do Governments Police Themselves? Journal of Human Rights. Routledge. Kordon, D. (1991). Impunity’s Psychological effects: Its Ethical Consequences. Journal of Medical Ethics, 17. Le Clercq, J. A. (2017). La relación impunidad-desigualdad en México. In Spring, U. O. y Serrano, S. E., Riesgos socioambientales para la paz y la seguridad en América Latina y el Caribe. México: CRIM-UNAM. Le Clercq, J. A. (2018a). El complejo impunidad. En Loeza, L. y Richard, A., Derechos Humanos y violencia en México (pp. 19-49). México: UNAM. Le Clercq, J. A. (2018b). El problema de la impunidad generalizada: explicando el desempeño de México en el Índice Global de Impunidad. Espacios Públicos, 21(51), 51-73. Le Clercq, J. A. (2018c). Acercamiento a la patología de la política: impunidad y desigualdad como factores de erosión institucional e implosión patológica. Revista de Administración Pública, 146, LIII, 2, mayo-agosto, INAP, mayo, 129-148. Le Clercq, J. A. y Cháidez, A. (2018). Escenarios de impunidad en América Latina 2015-2017. En Gachúz, J. C., Barona, C. y Rodríguez-Sánchez Lara, G., Escenarios regionales contemporáneos (pp. 181-220). México: UDLAP. Le Clercq, J.A. y Rodríguez-Sánchez, G. (coords.) (2015). Global Impunity Index (IGI) 2015. México: Universidad de la Américas Puebla. Retrieved from: https://www. udlap.mx/cesij/files/indices-globales/2-IGI_2015_ENG-UDLAP.pdf Le Clercq, J. A. y Rodríguez-Sánchez, G. (coords.) (2016). Global Impunity Index Mexico (IGI-MEX) 2016. México: Universidad de la Américas Puebla. Retrieved from: https://www.udlap.mx/cesij/files/indices-globales/4-IGIMEX_2016_ENG-UDLAP.pdf Le Clercq, J. A. y Rodríguez-Sánchez, G. (coords.) (2017). Global Impunity Index (IGI) 2017. México: Universidad de la Américas Puebla. Retrieved from: https://www. udlap.mx/cesij/files/indices-globales/6-IGI_2017_ENG-UDLAP.pdf

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Le Clercq, J. A. y Rodríguez-Sánchez, G. (coords.) (2018). La impunidad subnacional y sus dimensiones (IGI-MEX 2018). México: Universidad de la Américas Puebla. Le Clercq, J. A., Cháidez, A. y Rodríguez-Sánchez, G. (2016). Midiendo la impunidad en América Latina, retos conceptuales y metodológicos. Íconos. Revista de Ciencias Sociales, (55), 69-91. Mahoney, J. (2001). The Legacies of Liberalism: Path Dependence and Political Regimes in Central America. The John Hopkins University Press. McCollister, K., French, M. y Fang. H. (2010). The cost of crime to society: New crime-specific estimates for policy and program evaluation. Drug and Alcohol Dependence. Retrieved from: http://www.sciencedirect.com/science/article/ pii/ S0376871609004220 McGregor, L. (2008). Torture and State Immunity: Deflecting Impunity, Distorting Sovereignity. The European Journal of International Law, 18(5). Miller, T., Cohen, M. y Wiersema, B. (1996). Victim costs and consequences: A new look. Retrieved from: https://www.ncjrs.gov/App/ NICVA: Northern Ireland Council for Voluntary Action. (n.d.). Economic Inequality in Northern Ireland. Retrieved from: https://www.nicva.org/resource/economic-inequality-in-northern-ireland Office of the United Nations High Commissioner for Human Rights. (October, 9th 2019). Human rights in the Bolivarian Republic of Venezuela. Human Rights Council. United Nation’s General Assembly. Retrieved from: https://undocs. org/en/A/HRC/41/18 Office of the United Nations High Commissioner for Human Rights. (July 2nd, 2020). Outcomes of the investigation into allegations of possible human right violations of the human rights to life, liberty and physical and moral integrity in the Bolivarian Republic of Venezuela – Report of the United Nations High Commissioner for Human Rights. United Nation’s General Assembly. Retrieved from: https://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session44/Documents/A_HRC_44_20_AUV.docx Overview of government in Northern Ireland. (s. f.). NiDirect: Government Services. Retrieved from: https://www.nidirect.gov.uk/articles/overview-government-northern-ireland Secretariado Ejecutivo del Sistema Nacional de Seguridad Pública (SESNSP). (2019). Modelo Óptimo de la Función Policial. Secretaría de Gobernación. Retrieved from: http://secretariadoejecutivo.gob.mx/doc/MOFP_31_diciembre_2019.pdf Stormont: Why does Northern Ireland not have a government?. (January 20th, 2020). BBC News. Retrieved from: https://www.bbc.co.uk/newsround/38648719

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United Nations. (2020). Goal 16: Promote just, peaceful and inclusive societies. Sustainable Development Goals. Retrieves from: https://www.un.org/sustainabledevelopment/peace-justice/ United Nations Development Programme (UNDP) (2012). El índice de desarrollo humano en México: cambios metodológicos e información para las entidades federativas. http://coespo.qroo.gob.mx/Descargas/doc/2%20INDICADORES%20DE%20DESARROLLO%20HUMANO/INDICE%20DE%20DESARROOLLO%20HUMANO%20EN%20MÉXICO%20PNUD.pdf United Nations Office on Drugs and Crime (UNODC) (2013). UNODC Homicide Statistics. Retrieved from: http//www.unodc.org/unodc/en/data-and-analysis/homicide.html U. S. Department of State. (March 26th, 2020). Department of State Offers Rewards for Information To Bring Venezuelan Drug Traffickers to Justice. Press Statement. Retrieved from: https://www.state.gov/department-of-state-offers-rewards-for-information-to-bring-venezuelan-drug-traffickers-to-justice Valencia, L., Ávila, A., Le Clercq, J. A., Cháidez, A., Gómez, D. y Rodríguez, G. (coords.). (2019). Índice Global de Impunidad de Colombia. La impunidad subnacional en Colombia y sus dimensiones (IGI-Col) 2019. San Andrés Cholula: UDLAP. Viñuales, J. (2007). Impunity: Elements for an Empirical Concept. Law and Inequality. Zepeda, G. (2004). Crimen sin castigo: procuración de justicia penal y ministerio público en México. México: Fondo de Cultura Económica y Centro de Investigación para el Desarrollo. Zur, J. (1994). The Psychological Impact of Impunity. Royal Anthropological Institute of Great Britain and Ireland. Antrhopology Today, 10(3).

218



Acronyms


CICIG

International Commission Against Impunity in Guatemala

ECLAC

United Nations Economic Commission for Latin America and the Caribbean

CESIJ

Center of Studies on Impunity and Justice

CIDH

Inter-American Court of Human Rights

IGI (GII)

Global Impunity Index

OECD

Organization for Economic Cooperation and Development

OAS

Organization of American States

UN

United Nations

UNODC

United Nations Office on Drugs and Crime

UNDP

United Nations Development Program

UDLAP

University of the Americas Puebla

221


Dictionary of Global Impunity


Chain of impunity. Visual and quantitative resource that allows to measure and identify the trajectory from the opening of a preliminary investigation or investigative file until the moment in which one or more people are convicted for the commission of the crime or crimes that originated an investigation in the first place (GII-MEX, 2016, p. 57). Black number. It is the number of unreported crimes or those crime reports that did not lead to a preliminary investigation. According to Mexico’s National Poll on Victimization and Perception of Insecurity, the black number was of 93.6% at the national level in 2016. Impunity complex. Political-social phenomenon taking the form of a network of social and institutional relationships. These relationships coexist, interact and feed from social traps rooted in institutional performance, insecurity, and socioeconomic inequality, understanding by “social trap” a situation where social actors are not capable of generating the necessary cooperation for making change happen and stay trapped in suboptimal equilibria (Le Clercq, 2018). Cost of crime and impunity. The probability of catching and punishing an offender is very important in analyzing the incentives each person has when deciding how to act vis-à-vis the law. According to Gary Becker, compliance with the law is not fully certain, therefore, the allocation of public and private resources contribute is necessary to prevent and punish crimes bearing in mind the amount allotted for the administration of sanctions. For Becker, the optimal amount of resources to ensure compliance with the law depends on the cost of catching the offender and the nature of the punishment to be imposed. From his perspective, crime is economically relevant as serving justice implies certain costs. Five main variables constitute the basis of his proposed analysis: 1) the amount of crimes and the cost of such offenses, 2) the amount of crimes vis-à-vis the imposed punishments; 3) the amount of offenses; the law and the relationship between these and the public expenditures incurred to combat them (the costs that police forces or public ministries imply); 4) the amount of punished crimes and their relationship with the cost of imposing imprisonment or other sanctions,

and 5) the amount of crimes vis-à-vis what the private sector expenditures to avoid them. This author suggests that there is an economic function consisting on calculating the costs of being convicted or punished as a determining variable when deciding whether to carry out an offense. Culture of lawfulness and organized crime. Alda Mejías (2017) clearly describes the relationship between the culture of lawfulness and crime in Latin America. Law enforcement without exceptions and citizen compliance with the law is fundamental to prevent the implantation of organized crime in society and in the State. These behaviors, both by the State and by the citizens, are not always guaranteed in Latin American societies, making the region particularly vulnerable to the development of this sort of criminality. In terms of security, both factors provide strength to society and the State in when facing organized crime, since good governance ensures the existence of the rule of law and its enforcement. This achievement, in turn, provides sufficient legitimacy to the State, at the time that the population internalize its content and implementation, resulting in strengthening the culture of lawfulness. Both concepts reinforce one another. Certainly, this should be a State-led initiative. Deficit of judges and magistrates. Lack or scarcity for every one hundred thousand inhabitants. While there is no international standard endorsed by the United Nations, according to the GII-2015 and GII2017 the average number of judges and magistrates in countries with statistical information on the matter is sixteen per one hundred thousand inhabitants. Polls on victimization and impunity. Victimization polls are a tool helping governments and citizens to understand crime issues and identify the best way to address them (UNODC, 2010). A specific aspect these tools can evaluate is the opinion of respondents about punishment. This can be done, as in the ICVS survey, by offering an example of a situation where a crime has been committed and the respondent is in charge of punishing the aggressor. The respondent can choose a variety of sanctions, from a fine to several years of prison. The results offer important indicators of the level of tolerance citizens HAVE towards criminal matters (UNODC, 2010, p. 79). Among the questions posed in these polls, are the following: How

223


Global Impunity Index 2020

many crimes are there and what are their characteristics? What are the characteristics of the victims and the perpetrators? Has the level of crime changed over time? What are the risks of becoming a victim? Has the perception of security changed over time? How many crimes are reported to authorities, and, if not, why? Are crime prevention policies working? Is there a relationship between fear of crime and actual crime levels? What is the impact on vulnerable groups in the community, such as migrants, indigenous groups, the elderly, and people with mental illness? (UNODC, 2010, p. 5). Statistical impunity. It refers to the lack of institutional capacity or political will to report information (GII, 2016, p. 21). Variables without data are coded with the normalized maximum value (GII-MEX, 2016, p. 57). Structural impunity. Dimension focusing on the State’s installed capacities to punish those who violate the rule of law according to the rules of due process (GII, 2015, p. 29). Functional impunity. Dimension registering the operation of government areas in charge of punishing those who violate the rule of law, regardless of their regulatory framework, their capacities and institutional infrastructure (GII, 2015, p. 29). Prism of impunity. Graph showing the impunity level in its two dimensions, taking into account both the justice and the security systems. The higher and more open the triangle, the greater the impunity. The height of the triangle is the black number; the left side represents the structural dimension and the right side the functional dimension (GII-MEX, 2016, p. 58-59). Impunity. Impossibility, de jure or de facto, of bringing the perpetrators of violations to account - whether in criminal, civil, administrative or disciplinary proceedings -since they are not subject to any inquiry that might lead to their being accused, arrested, tried and, if found guilty, sentenced to appropriate penalties, and to making reparations to their victims. The GII uses this definition for the construction of its statistical model and it follows the definition of impunity of the “ Set of principles for the protection and

224

promotion of human rights through action to combat impunity”, of the Economic and Social Council of the United Nations (Orentlicher, UN, 2005). Global impunity. This is an area of ​​studies on emerging impunity and global issues where the State is not the only responsible actor. In this scenario, private actors may have a direct responsibility such as damage to the environment, human rights violations, sanitary security, cyberspace, space security, among others. International impunity. It is the lack of compliance with international treaties, resolutions, rulings or judgments issued by the international organizations such as the Security Council, the International Court of Justice and the International Criminal Court. Subnational impunity. Also known as state-level impunity. It is the overall responsibility of local governments that fail to punish those crimes committed in their jurisdictions. Global Impunity Index (GII). The Global Impunity Index (GII) is the first international academic work (2015) measuring this multidimensional phenomenon, conducted by researchers from the Department of International Relations and Political Science of the University of the Americas Puebla and specialists from the Citizen Council of Security and Justice of the State of Puebla. The GII analyzes the information of the 193 member States of the UN that generate comparable statistical information and that the United Nations Office on Drugs and Crime publishes. The 2015 Global Impunity Index included only 59 out the 193 member States of the UN, as those were the only ones with sufficient and updated statistical information on security, justice and human rights. The second edition of the GII in 2017 included 69 countries. The third edition of the GII was published in August 2020 and included UNODC’s updated information as of 2019.


225



EDITORIAL UDLAP Izraim Marrufo Fernández Director Rosa Quintanilla Martínez Publishing Manager Angélica González Flores Guillermo Pelayo Olmos Design Coordinators Aldo Chiquini Zamora Andrea Garza Carbajal Proofreading Coordinators Carolina Tepetla Briones Administrative Coordinator María Fernanda Ortiz de la Fuente Administrative Assistant Andrea Monserrat Flores Santaella Prepress Coordinator Guadalupe Salinas Martínez Production Coordinator José de Jesús López Castillo José Enrique Ortega Oliver Presspersons María del Rosario Montiel Sánchez Binding and Finishes


Impunity levels in the world. Global Impunity Index 2020 (GII-2020). It was completed as an electronic book in PDF format by Departamento de Publicaciones de la Universidad de las Américas Puebla, Ex hacienda Santa Catarina Mártir s/n, San Andrés Cholula, Puebla, C. P. 72810, on October 28, 2020.