Appeal mechanisms also allow convicted persons to appeal against their sentence.
The UNDP report states that 68% of prisoners have raised a complaint through
a lawyer and 90% through the complaint mechanism. However, it is difficult
to say whether complaint mechanisms are used effectively.
Relationships with staff and between prisoners
By and large, prisoners did not complain about treatment by the guards and
officers. They often appreciated that the bad conditions of detention weie beyond
their grasp and had more to do with the general state of the premises,
overcrowding and with the slow justice system.
Prisoners complained more about the prisoners who were appointed to oversee
discipline and order inside the prison and who sometimes behaved violently
towards them (e.g. beatings).
There are 1,261 prison staff under the Ministry ofiustice, of whom most, 1,163,
are guards. The Ministry of Justice guards undergo 8 months training and a 90day prison- based internship before being selected and recruited. The training
includes paramilitary training and some human rights sensitisation provided by
a human rights non-governmental organisation since 1996. The average salary
for a prison guard is 1,150,000 Meticais per month, all inclusive (approximately
60 USD).
The prison staff under the Ministry of Home Affairs is 792 among whom 715
policemen and 77 civilians. Guards from the Ministry of Home Affairs are
policemen without specific prison training.
Health matters
General situation
Health facilities (wards) exist in all provincial prisons. They are dependent on
the Ministry of Public Health which supplies personnel and equipment, as well
as pharmaceutical products within the scope of the budget allocated to
"Assistance for risk groups". The Ministry is also responsible for statistics
relating to illness and death in prisons. Not one of the prisons has a full-time
doctor. The majority of personnel working in the prison wards are paramedics.
The 3 largest prisons in Maputo have contracts with doctors who make prison
visits to sec inmates 2 or 3 times a week. All other prisons send seriously ill
prisoners to civilian hospitals or to health centres. According to the Director of
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prisons under the Ministry of Justice, with very few exceptions, prison medical
services have always received a donation of pharmaceutical products in the form
of "Kit B" from the respective health service. Illnesses such as diarrhoea,
tuberculosis and dermatological problems are almost endemic in Mozambican
prisons. The major contributory factors are overcrowding, and associated health
and promiscuity problems. The Director is aware that the sharing of cells by
adults and minors can lead to sexual abuse of the younger prisoners. However,
he claims that homosexuality in prisons is consensual and not the result of force.
Five of seven prisoners from Mabalane Pemtentiai y Prison, chosen at random,
told the delegation that homosexual practices took place in the prison although
they themselves were not involved. All of them seemed to be aware of the risk
of HIV transmission when condoms are not used. In a group of people questioned
by the delegation at Maputo Central Prison, four minors all stated that certain
adults coerced them into homosexual acts by either withholding food or offering
money. "They put very little food on our plates and then ask us to go to their cells
to do what they want, it's the only way we can get enough to eat" they informed
the delegation. In Machava Maximum Security Prison, problems caused by
homosexuality are of increasing concern and prison medical personnel disci eetly
provide condoms to prisoners who need them. However, prison authorities
disapprove of even this simple initiative. They argue that it encourage illegal
sexual activity. Despite resistance to the practical measures taken by medical
personnel, awareness sessions on AIDS regularly take place within the prison.
Infection with H1V/AIDS is grow ing at an alarm ing rate in Mozambique
generally and at an even higher rate in pnsons. In 2000, 50 prison guaids allegedly
died after developing AIDS in the province of Zambezia. HIV/AIDS testing in
prisons has never taken place and infected prisoners arc not released on the
grounds of prognosis of imminent death due to AIDS. There is no legal provision
for such release and nor does it happen in practice.
In prisons under the Ministry of Home Affairs, prison authorities stated that
there had been considerable progress in the last three years in measures taken
for sick prisoners. Two hospitals for prisoners were presently under construction
with the projects being financed by UNDP.
One of the responsibilities of the commission investigating prison policy, which
was formed on the basis of the UN DP report recommendations, is to propose
solutions to problems which are adversely affecting the efficient treatment of
prisoner illnesses.
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