Mozambique: Community Court Reintroduces Death Penalty

Although the death penalty was abolished in Mozambique in 1990, a Community Court in the central province of Manica sentenced a man to be beaten to death for the alleged theft of an ox-cart.

To make matters even worse, the court took advice, not from any lawyer or other person recognised under Mozambican law, but from a witch-doctor.

According to a report on Radio Mozambique on Thursday, the Community Court in Chirere locality, in the Manica district of Mossurize, after a divining session organised by the witch-doctor, ordered the suspect to be tied to a tree and beaten. He was thrashed until his back was broken - which the Radio described as the cause of death.

When the complaint about the stolen cart was made, the court did not seek any assistance from the police. Instead, with the full backing of the head of the Chirere locality, Shupai Samissone, they asked the witch-doctor to cast a spell to find who was guilty.

When news of this gruesome execution reached the Mossurize district administrator, Luis Chimoio, he ordered an investigation, which culminated in the arrest of Samissone.

Samissone was detained, Chimoio said, because his duty was to prevent the lynching. Instead, by authorizing the use of sorcery by the court, he had contributed to the murder of the alleged thief.

"The investigation is still under way", said Chimoio, "We want to find out the mentors and real causes of the crime. The judges of the community court and their assistants will have to face justice, but they are not currently detained".

Source: All Africa News, February 17, 2011

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Mozambique: Government Urged to Prevent Executions in Malawi

The Mozambican Human Rights League (LDH) has called on the government to take "immediate measures" to prevent the execution of 6 Mozambicans sentenced to death in the neighbouring Malawi.

The 6 were tried and sentenced to death, accused of murder. They are being held at the maximum security jail in Zomba. An LDH press release, received by AIM on Thursday, says that by sentencing these Mozambicans to death, Malawi is violating international conventions to which it is a signatory.

According to the LDH, under article 36 of the Vienna Convention on Consular Relations, ratified by Malawi in 1965, and by Mozambique in 1980, the Malawian authorities should "immediately" inform Mozambique about any detention of a Mozambican citizen.

This would allow the Mozambican authorities to provide adequate legal assistance to the detainees and guarantee their right to defence in a regular and fair trial. However, the Mozambican authorities were not informed that Mozambican citizens had been detained, and these Mozambicans did not have any legal assistance during their trial.

"The eventual violation of this instrument of the Vienna Convention implies, according to the jurisprudence of the International Court of Justice, that the case leading to the death sentences is null and void", the LDH argues.

The LDH says that Mozambique may apply for the case to be declared null and void either to Malawian legal institutions or to the International Court of Justice.

The LDH adds that, in the absence of an extradition treaty between Mozambique and Malawi, it is important to start negotiations that would lead to an agreement on extradition, since Mozambique has the conditions and capacity to duly punish the offenders.

"This agreement would include handing over those convicted to serve their sentences in Mozambique and, because there is no death sentence in this country, it should be replaced by the longest sentence envisaged in our legal code, which is 24 to 30 years imprisonment", said the League

The LDH also pointed out that it is high time extradition treaties were signed with other countries within the Southern African region to prevent future situations of this kind and improve protection for Mozambicans who come into conflict with the law abroad.

It seems unlikely that the six Mozambicans will be executed, since Malawi has not carried out any death sentences since 1992.

Source: All Afrida News, May 22, 2010