The penal reform programme launched by the Govenunent, with the help of UNDP, is Intended to put an end to this duality of system and allow for a harmonised and more cost effective system. Conditions of detention Pt 1st PI population Remand % of the total prison population Convicted 3666 41.6 211 6 Ministry of Home Affairs 2756 31 3 Total 6422 72 9 Ministry of Justice of the total prison population Total % 24.0 5782 65.6 274 3.1 3030 34.4 2390 27 1 8812 100 % Source . The prison system in Mozambique, UNDP report, December 2000. According to the figures provided by the prison administration, the prison population has decreased between 1997 (the first visit of a Special Rapporteur) and 2001. In 1997, the total prison population was about 10,800. In 2001, there eie X 812 prisoners. Despite this decrease, overcrowding remains one of the biggcst problems. I he aLlual capacity of the prison system is far from being equivalent to the theoretical capacity of the prisons (that is the capacity when built). Indeed, many prison facilities are not fully used. This is mostly due to sub-standard buildings being closed and awaiting refurbishment. The prison population under the Ministry of Justice is estimated to be four times higher than the actual prison capacity. The prison population under the Ministry of Home Affairs is 3,030 while the theoretical capacity is only 2,419. Many of the places used to detain people (sometimes the cellars or basements of normal houses) are in a very bad state. Some are unfit for human habitation and should be closed. (See Tete Maximum Security Prison in "Areas of concern"). In Tete province, there are 12 prisons but only 5 of them are actually operational. Another striking feature of the prison population' is its youth: 29.6% of the convicted prisoners are aged between 16 and 20 years. Under 25 year olds 2. Statistics from The pi non 5vatem in Mozambique, UN DP report, December 2000. represent 47.8% of the convicted prison population, 62.9% of the total prison population. These statistics are from data collected up till 2000 and do not take into account the 2001 campaign to fight crime. This will have led to an increase in the proportion of young people convicted and imprisoned. The authorities mentioned that since young people between 14 and 16 years of age are not considered responsible, some kind of impunity is reigning, as there is no reformatory system for young offenders in Mozambique. 52.9% of convicted prisoners are sentenced to less than 2 years imprisonment. 15.9% of prisoners are serving long terms i.e. more than 8 years. Men are predominant in the former category, women in the latter. This could mean that the justice system is more predisposed to finding non-custodial alternative penalties for women convicted of petty or less serious offences. Most prisoners have a low level of education. 16% of them (remand and convicted all included) have never been to school. Another large group, 58%, is composed of those who have attended school for between just 3 and 7 years. Physical Conditions Premises Most of the prisons under the Ministry of Justice were built in the 1930s and 1970s. Some date back to the 19th century. Those under the Ministry of Home Affairs date back to the 1940s and 1950s. The old ones are difficult to maintain and to modernise, as their architecture is incompatible with modifications at a low cost. Sometimes the more recent ones are or have been undergoing rehabilitation (Nampula Provincial Prison, Mabalane Penitentiary Open Prison), and new health centres are being built (Machava Prison in Maputo). Some prisons have been completely rehabilitated such as Tete Provincial Prison. It could potentially offer satisfactory conditions of detention provided that there was no overcrowding A new prison has been under construction since 1994 in Beira but has not been completed, reportedly for administrative problems. This is a worrying and sad situation. After his visit in 1997, the Special Rapporteur strongly recommended the new Beira Central Prison be finished and prisoners transferred as soon as possible to ensure that they were held in humane conditions. Roofing in some prisons was a problem. In Maputo Civil Prison, for instance, the delegation was told there was no leakage. As the prison had been cleaned before delegation's visit, it was difficult to find hard evidence of leaks. However, the roofs appeared damaged, the walls of the buildings showed traces of dampness