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trial for 5 years. Some prisoners at Tete Provincial Prison have been
on remand for 6 years.
The detention of young people sentenced for petty offences: as part
of the campaign against crime, many people had been arrested since
the beginning of 2001 for allegedly not being able to produce an
identity card.
The high proportion of long term sentences: In 2000', long term
prisoners (over 8 years), who contribute to a large extent to
overcrowding because they stay very long periods inside prisons,
represent 15% of the total prison population. Prisoners over 2 years
imprisonment represent 48.1 % of the total prison population. Among
those sentenced to 8 years and more, 70.4% are beginning their
sentence. Only 25% have served half of it.
Delays in sentencing, the lack of legal assistance and the lack of
magistrates leading to delayed trials. The delegation was informed
that there are about 200 lawyers in the country, most of them in
Maputo. More lawyers and para-legals are needed. Some delays are
also due to Judicial holidays that take place in January and February.
The fact that when people cannot pay fines, the fines are commuted
into a number of days of imprisonment.
The long appeal procedures.
The fact that courts pass long sentences for minor offences.
The fact that people remain in prison, despite that they are eligible
for conditional release, because they are poor and cannot pay for bail.
Some prisoners alleged that some policemen were corrupt and arrest
those who will not or cannot bribe them.
There are many consequences of overcrowding including:
- Failure to adhere to strict separation of prisoners.
Difficulty in developing release programmes including work and
vocational training. A probable consequence is recidivism which
creates a vicious circle of overcrowding.
- High promiscuity and spread of diseases.
- Difficulty in developing release programmes including work and
vocational training. A probable consequence is recidivism which
creates a vicious circle of overcrowding.
3. Sec ti' es Limn. The prisons system m Mozambique. UN DR report, December 2000
28
Difficult conditions of work for the staff and officers, and lack of
personnel, especially specialised staff
Security and surety problems such as escapes, abuse and violence.
Food and water/sanitation pi oblems.
Hygiene problems due to lack of soap, of cleaning tools, and limited
access to bathing face ties and water.
Lack of plates and dishes. bedding and blankets, clothes.
Lack of exercise where outdoor space is limited.
Difficulty in bringing sick prisoners to hospital due to lack of staff.
Lack of medicine.
Unequal treatment: those who receive assistance from outside have
better conditions than those who do not and do not receive either basic
necessities from the prison administration.
Detention under the Ministry of Home Affairs
T
he del,_! Minn was particularly concerned by the conditions of detention at
Tete NI ivnnim Security Prison. The issue was raised at the end of the visit
to Mozambique with Mr. Nataniel Macamo, Police Commander from the
Ministry of Home Affairs. based in Maputo. The Special Rapporteur would like
at this point to draw attention to the constructive spirit in which the Mozambican
authorities took note of the observations made regarding this prison and
subsequently reacted to them. The day after the discussion with the delegation,
Mr. Macamo informed the delegation that the Director of Order and Security in
Tete Province had been commanded to take all necessary steps to improve the
situation there.
On the day of the visit, it was found that 67 persons were detained at Tete
Maximum Security Prison in life-threatening conditions. As mentioned earlier,
this prison is located in a normal iesidential house. The upper pan is used for
administration and the cellar divided into 10 cells. The Director of Order and
Security of Tete Province accompanied the delegation during the visit to the
premises. He and the General Prosecutor of the Province stated openly that the
place deserved to be closed but there was no alternative for the moment being.
The prisoners were asked to put on clothes and sit outside in the yard during
the visit. The visit took place during the day and, despite that, most of the cells
were plunged into virtual darkness. There was only one bulb on. The heat, smell
29
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