- - - - - - 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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