Mozambique

The deprivation of liberty is a serious intervention in any person’s life, and therefore the possibility of releasing an accused person from custody pending trial is a fundamental part of criminal justice systems across the world. Criminal justice systems have developed various ways to ensure, at least in law, that accused persons appear for trial without depriving them of their liberty. Such release may be conditional or unconditional. Unconditional release usually takes the form of a warning to appear in court at a later date, while conditional release can be secured through bail, bond, surety, and supervision. This paper reviews the laws on conditional release in Burundi, Malawi and Mozambique. These three countries were selected on the basis that they represent not only different types of legal systems but Francophone, Anglophone and Lusophone legal traditions, respectively. --

This study reviews 41 rights of arrested, accused and detained persons under Burundian, Ivorian, Kenyan, Mozambican and Zambian law. These countries were chosen because they represent Anglophone, Francophone and Lusophone Africa as well as countries that have a civil law and common law tradition. The study begins by reviewing 17 rights of those arrested and detained in police custody; it goes on to examine 18 rights of accused persons; and ends by considering six rights of those detained in prison on remand or as sentenced prisoners. Each right is examined from three angles: first, whether it is recognised under international human rights law; secondly, to what extent the right is enshrined in the domestic constitution of the jurisdiction under review; and thirdly, to what extent the right is upheld and developed in subordinate legislation.

This report looks at the constitutionality of criminal procedure and prison laws in Mozambique. The research aims at assessing and analysing the extent to which the 2004 constitutional rights have been translated into subordinate legislation and possibly regulations.

Reformar

Reformar (Research for Mozambique) carries out research in criminal justice reform in Mozambique.

Around 1000 prisoners were pardoned by the President during his State of the Nation address in December 2015. While these pardons offer temporary relief for the overburdened penitentiary system, implementation of more comprehensive measures, which form part of ongoing legal reform, will be necessary to effect real change.

Mozambique's new Penal Code came into effect today 29 June 2015, despite wide expectation that government would delay implementation of the law

Este artigo apresenta os resultados de uma pesquisa realizada em Maputo, em 2012, sobre a prisão preventiva. As condições de reclusão e de acesso à representação legal de um grupo de reclusos que aguardam julgamento são analisados dentro do contexto do sistema penitenciário então em vigor em Moçambique. Enquanto a autora está ciente de que o quadro jurídico-legal do sistema penitenciário avançou nos últimos três anos, a pesquisa mostra que as condições de reclusão e acesso à representação legal de um grupo de pessoas em prisão preventiva em 2012 não respondiam aos princípios internacionais e nacionais que regulavam o sistema penitenciário no país.

Avaliação do Regime Legal e das Práticas por Referência aos Padrões Internacionais

Mozambique promulgates new Penal Code

Constitutional amendments of 1990 and 2004 meant that the Criminal Code of 1886 no longer was in line with the political, social, cultural and economic reality of Mozambique. This revision of the of Criminal Code is intended to ensure the enjoyment of rights and freedoms of citizens.

Mozambique Pre-trial Detention Audit results launched

Results of an audit of pre-trial detention in Mozambique, carried out by Liga Moçambicana dos Direitos Humanos (the Mozambique Human Rights League) and CSPRI at the Community Law Centre of the University of the Western Cape, were presented at a seminar on 11 and 12 September 2014 in Maputo.

"Excessively long pretrial detention continued to be a serious problem, due in part to an inadequate number of judges and prosecutors and poor communication among authorities. Approximately 37 percent of inmates were in pretrial detention. The LDH reported that in many cases the length of pretrial detention far exceeded the maximum allowed by law."

Condições de vida melhoram na Cadeia Central de Maputo

A Cadeia Central de Maputo é a maior prisão em Moçambique. Està superlotada e as condicoes de vida que se observavam num passado recente nao eram as ideais. Durante uma visita à prisão a 12 de Fevereiro de 2013 feita pela Liga dos Direitos Humanos e a Organização da Sociedade Civil sobre a Iniciativa de Reformas Prisionais (Civil Society Prison Reform Initiative, CSPRI), foi evidente que, embora a prisão ainda abriga mais do que o número para o qual foi concebida, os recentes avanços têm melhorado a situação.

Institute for Legal Assistance and Representation (IPAJ)

Universidade Eduardo Mondlane (UEM), Centro de Direitos Humanos

The University Eduardo Mondlane, Faculty of Law, Human Rights Centre.

This joint report between the Mozambique Human Rights League and Amnesty International looks at the shortcomings of the Mozambique criminal justice system, with a focus on arbitrary arrest and detention.

The report, a collaboration between Amnesty International and the Mozambique Human Rights League, describes how people from poor social groups are particularly at risk of being locked up for months, sometimes years, in overcrowded cells without having committed a crime.

By Concetta Lorizzo. Research dissertation presented for the approval of Senate in fulfilment of part of the requirements for the Master in Criminal Justice in approved courses and a minor dissertation, University of Cape Town.

Commander of Mozambique police: "Detention laws don't apply to arrested police officials"

The police "do not obey any judge", but follow their own internal regulations when it comes to detentions of police officers, General Commander of the Mozambican police, Jorge Khalau said in the northern city of Nampula about the detention of the Nacala district police commander, Adriano Muianga.

"By law the maximum length of investigative detention without a warrant is 48 hours, during which time a detainee has the right to judicial review of the case. The individual may be detained another 90 days while the PIC continues its investigation. When a person is accused of a crime carrying a sentence of more than eight years, the individual may be detained up to an additional 84 days without being charged formally. With court approval, such detainees may be held for two more periods of 84 days each without charge while the police complete their investigation. The law provides that when the prescribed period for investigation has been completed and if no charges have been brought, the detainee must be released. .... Excessively long pretrial detention continued to be a serious problem, due in part to an inadequate number of judges and prosecutors and poor communication among authorities. Approximately 35 percent of inmates were in pretrial detention. The LDH reported in many cases authorities held inmates far beyond the maximum allowed under law before their trials began and that in the city and Province of Maputo alone in the first half of September there were 532 detainees that were being held beyond the legal limit."

'Mozambique needs more judges'

The President of Mozambique's Supreme Court, Ozias Pondja, on 13 March 2012 said that the country needs to train more judges, since the 293 who currently exist are insufficient to meet the growing pressure on the courts.

'I can't believe in justice anymore': Obstacles to justice for unlawful killings by police in Mozambique

This report renews Amnesty International’s call on the Mozambican authorities to ensure that there are thorough, prompt and impartial investigations into all cases of use of force by the police resulting in death; that the officers responsible for unlawful killings are brought to justice in fair trials; and that families of those killed receive adequate reparation. It highlights the obstacles to accessing justice for families of victims of unlawful killings by the police and calls on the authorities to remove these obstacles.

elaboração da presente proposta de Lei de Bases da Organização Judiciária é o resultado de um longo trabalho de investigação e de reflexão, com a participação de uma pluralidade de actores do sistema de justiça e da comunidade na elaboração do diagnóstico dos problemas e das propostas de solução

This Africa Governance Monitoring and Advocacy Project (AfriMAP) report published by the Open Society Initiative for Southern Africa (OSISA) in 2006 is a comprehensive report on the Mozambican legal system.

This English version of the Constitution of Mozambique has been directly translated from Portuguese using Google Translate.

The Constitution of Mozambique 2004 in Portuguese.