Reports

Brazil and Venezuela lead the way in the index of the development of e-justice amongst the twenty-two Ibero-American countries, being the only two countries to exceed 0.5 on the scale going from 0 (minimum development) to 1 (maximum development). They are followed by countries such as Argentina, Puerto Rico, Costa Rica and El Salvador; all of which have an index over 0.4. There is a third group, between 0.3 and 0.4, which includes Portugal, Chile, Mexico, Dominican Republic, Cuba and Spain. The countries with the lowest levels of use of ICT in the judiciary administration are Uruguay, Honduras, Panama, Guatemala, Colombia and Peru.

Despite the progress seen in this study, the situation in the region in terms of the worldwide picture is deemed to still leave great room for improvement, especially when compared to the leading countries, such as Singapore, USA or Australia.

ans">According to Pere Fabra, director of Law and Political Science Studies at the UOC, "the important thing from this study is not so much the results obtained, nor the rankings, which remain highly approximate, given that exhaustive fieldwork has not been possible, but the fact that a methodology has been produced that will allow subsequent studies to assess the evolution of the introduction of technology in justice administration. Whilst there are already different indices and studies that allow for the evaluation of the impact of ICT in e-administration or countries' level of preparation for e-government; to date, no specific index had been developed for the field of e-justice."

The results obtained are surprising in some cases. For Pere Fabra, "this study shows, for example, that there is no direct correlation between the index of human development and the index of telematic participation or the introduction of e-justice. Some countries, such as Spain or Portugal, which occupy high positions in the former, have an index of e-justice that is lower than other countries with lower levels of human development. We have to conclude, in terms of the specific data, that it is enormously important to have both realistic strategies and very specific goals, as well as sustained political leadership and awareness on the part of those involved." What has been made clear is the close relationship between the development of e-administration and e-justice.

The information society in Ibero-America

The first part of this study analyses the development of the information society in the region. This development is linked to the existence of technological infrastructures (the percentage of gross domestic product spent on ICT in the different countries is between 5.9% and 9%), the development of the ICT sector, digital literacy (80% of those interviewed said that there were skills training programmes available for civil servants working in the justice system), and the political and legal framework.

According to Fabra, "as we would expect, given the region's diversity, there are important differences between the countries in terms of the introduction and development of technology. The most widespread technology is generally mobile technology and televisions. However, and despite the very important growth in the last five years, the penetration of PCs still leaves much room for improvement. Logically, the design of e-justice or e-government strategies has to take the situation in each country into account."

The index of the development of e-justice

In order to assess the impact of ICT in justice administration, the team of researchers, professors Agustí Cerrillo, Albert Batlle, Pere Fabra, Ismael Peña, Clelia Colombo and Antoni Galiano, established a table of more than twenty indicators based on four stages of evolution.

The first stage is the handling of information, and involves aspects such as the existence of websites or e-bulletins, the development of regulatory and jurisprudence databases or the possibility of finding out the status of trials electronically. In the Dominican Republic, for example, there is a network of public kiosks offering information on the status of judicial files and, in Brazil, there is a television channel dedicated to subjects related to justice. The majority of countries have widespread use of technology in this area.

The second level refers to the application of ICT in the management of justice files, both in terms of justice offices and the management of trial and case documents. In Brazil, for example, people can receive information by email regarding the progress a trial whenever there is a change.

The third stage refers to the intensity of the use of ICT in relations between the justice administration and citizens. It includes aspects such as the possibility of users being able to download forms from the web or to file suits, the existence of forums or electronic suits. Most of the countries studied offered the possibility to request certificates digitally, and in a few cases, such as Chile, they could also be obtained this way. In Spain, testimony could be given via video conferencing. Despite these initiatives, these countries are still far from being able to carry out trials wholly over the web, as has been the case in experiments in USA and Singapore.

The fourth stage involves the application of artificial intelligence technology and solutions in judicial decision-making, an area in which there is no relevant experience in the Ibero-America region.

The positive effects of the introduction of e-justice

According to Pere Fabra, "the use of technology allows for improvements in the efficiency and effectiveness of the justice system by optimising resources, working with greater levels of transparency and bringing citizens into closer contact with the justice administration, responding more directly to their needs and thus ensuring that their rights are better defended."

Despite all these positive aspects, the UOC's group of researchers has highlighted the difficulties arising from the digital divide, which hinder the effective development of e-justice. This means that the policies for transition to the information society and the introduction of ICT in the justice system, in particular, have to ensure that they do not increase the gap between those citizens who are connected and those who are not.

The study concludes with a series of recommendations produced by these experts and handed over to the work group at the Judiciary Summit to aid progress with the introduction of e-justice. Amongst these, highlights include the need for coordination on a regional level of strategies, actions and projects (in e-justice and e-government, as well as in connectivity to the internet); the importance of promoting skills training for all agents and strengthening collaboration with civil society, and the need for significant institutional leadership.

According to Fabra, "one of the conclusions from the Summit held on June 22 and 23 was to continue with the work group on e-justice. Thus, there is interest in annual or biannual monitoring of this index. In turn, we here at the Law and Political Studies department have created a specific research group for this subject. To date, we had worked on subjects of e-government and administration and want to move on to explore the area of justice in the information society in more depth."