and there certainly was a risk of rapid deterioration of the walls and ceilings if
the roofs were not repaired.
The Mozambique government and prison authorities have decided, instead of
building more prisons, to develop a programme of open prisons. This should
help reduce the pressure on prison buildings. However, accommodation standards
in open prisons should not he compromised notwithstanding that conditions in
open prisons are, on the whole, more favourable.
In 2000, the floods had serious consequences for the prison and police station
facilities and prisoners. During the floods, the doors of some police stations'
cells were allegedly opened and prisoners had to flee to save their lives. Many
prisons collapsed or were under water.
Floods and heavy rains have slowed down the upgrading works mentioned
above. Projects to build new prisons such as in Sofala were stopped until a new
safe location is found.
Prisoners detained in the affected prisons were transferred to other prisons where
the conditions of detention were already difficult due to overcrowding. This is,
for instance, the case of Xai-Xai Provincial Prison which was closed. Prisoners
were transferred to the District Prison in Chokwe. It was reported by the Director
of Prisons, under the Ministry of Home Affairs, that, after the floods, in some
areas where there was no space available in prison to receive more prisoners,
prisoners were allowed to go back home at night and spend their day in a specific
open place ("near a tree") where they could have some activities and work.
Social control was enough to deter them from escaping or committing another
offence.
Overcrowding and the lack of space are factors explaining why basic separations
between remand and convicted prisoners, young prisoners and adults, men and
women healthy and sick/contagious prisoners and according to offence, are far
from implemented. The only separation really enforced is for so-called
dangerous prisoners who are held in maximum-security prisons.
There is no specialised institution for young prisoners in Mozambique. A large
number of them are detained together with adults during the day and also at
night. This caused the delegation considerable concern.
In Tete Provincial Prison, all prisoners are locked inside the cells between 16.00
hours and 21.00 hours. At 21.00 some prisoners are allowed to sleep outside.
10
The delegation appreciates space is at a premium but suggests din one cell could
be allocated exclusively to juveniles to avoid them mixing at 1112Ill si ith adults
in overcrowded cells.
A new prison was built in 1999 for women in Maputo province. Women are
completely separated from men at Maputo Civil Prison and the delegation found
that one woman was detained separately at Tete Maximum Security Prison.
However, the fate of women prisoners generally leaves much to be desired. In
Moauze Prison, for instance, supposedly a women's prison, the delegation found
that men and women are held together in the same facilities. They are only
theoretically segregated at night, as the door of the women's cell cannot be
locked.
Despite all the difficulties, the authorities should pay particular attention to the
risk of spread of diseases in prison. This is significantly increased with
promiscuity (see paragraph on health matters) and the conditions of the most
vulnerable categories of prisoners such as women and young people (see also
paragraph on safety, security, and abuse/violence).
The regimes of detention in maximum security prisons is I nR. l ■
determined by
the general physical state of the institutions. In Maputo C nil Pi son the doors
of the cells were destroyed during a rebellion in 1992 and were not replaced. Due
to overcrowding, many prisoners sleep in the corridors. Tete Maximum Security
Prison, for instance, is a normal house in town fenced by a 2.5 m high irregular
wall. The prison administration is located in the upper part of the house. The
basement is divided into cells to accommodate prisoners. This type of facility
is definitely not adapted for the detention of prisoners and there are severe
problems of ventilation, water and sanitation, security and restriction of outdoor
activities. This is exacerbated when the number of prisoners is as high as is the
case there (see para "Areas of concern").
Part of Machava (Maputo) Security Prison's buildings has been closed, due to
unsatisfactory conditions. Only 5 of the prison's 10 buildings are actually in
use. Consequently, although the theoretical capacity is 600, the prison cannot
accommodate more than 300 prisoners.
Maputo Civil Prison facilities are in a very bad state and the director mentioned
that all they could do was to clean it. The problems were due to the age of the
facilities as well as to overcrowding (theoretical capacity: 250, actual population:
611, up to 700 the month before).
11