of the Legality and Justice Protection Policy and defining more clearly the role
of prisons; and
Unification of the prison system, following the establishment of the National
Prison Service (SNAPRI) under the umbrella of the Ministry of Justice in line
with the implementation of the Prison Policy.
133. Despite these gains and the few improvements observed within certain units, the
fact remains that conditions in prisons and detention centres remain a problem.
This is reflected mainly in prison overcrowding, often three times more than the
normal capacity of prison establishments. For instance, the Maputo Central Prison,
Mozambique’s main prison establishment, at times harbors 3 200 inmates, whereas
it was built for 800 inmates. As a result of overcrowding, inmates are exposed to
infectious-contagious diseases such as diarrhoea, cholera, tuberculosis and
HIV/AIDS, and endemic diseases like malaria.
134. Prison establishments are also faced with infrastructural problems. Most of the
prison infrastructure dates back to the colonial era. Given the country´s poor
economic situation, some of this infrastructure has not been renovated. The state of
disrepair of some of the infrastructure has had a negative impact on the
accommodation of the prison population. Nonetheless, despite all these
shortcomings, new prisons have been built, mainly at district level. Central,
provincial and regional prisons have been rehabilitated. Attention has also been
given to open prisons and rehabilitation centres for youths who disregard the law.
135. Regarding assistance provided to prisoners, in general they are entitled to
medical care, two to three daily meals and physical exercise. Prisoners have the
right to practice their faith as long as it does not disrupt good order and discipline,
and to be visited by relatives as well as access to information (newspapers,
magazines, books and letters). Prisoners take part in recreational and sporting
activities, and attend classes as well as technical and professional training courses.
Prisoners have also benefitted from legal assistance provided by IPAJ experts.
136. There have been several cases of prisoners whose preventive detention periods
have been largely exceeded,9 thereby contributing to jail overcrowding and to the
worsening of related problems.
137. It is expected that sentences other than imprisonment, as included in the draft
revision of the Criminal Code bill, which has been approved by the Ministers
Council and tabled before the Assembly of the Republic, will go a long way
towards reducing overcrowding in prison establishments.
138. Challenges involving the guarantee of the right to liberty and security:
Encouraging people to report criminal offenses and to cooperate in police
investigation and criminal procedure;
9
Preventive detention periods are governed by Article 308 of the Code of Criminal Procedure (CPP) and other legal
provisions, namely Law № 3/97 otherwise known as the Drug Law. The periods range from 20 to 90 days (No. 1, 2 and
3 of Paragraph 1, and No. 1 and 2 of Paragraph 2 of Article 308 of the CPP).
Combined Report from the Republic of Mozambique to the ACHPR, 1999-2010
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