Guidance

Information for British nationals detained or imprisoned in Mozambique

Updated 31 July 2018

Introduction

Who can help?

The Foreign, Commonwealth & Development Office (FCDO):

The FCDO is represented overseas by its Embassies and Consulates (High Commissions in Commonwealth Countries). Both employ consular officers, and one of their duties is to provide help and advice to any British National who gets into difficulty in a foreign country.

About the High Commission

We are impartial; we are not here to judge you. We aim to make sure that you are treated properly and fairly in accordance with local regulations, and that you are treated no less favourably than other prisoners.

We can answer questions about your welfare and about prison regulations but you must ask your lawyer or the court about legal matters. The attached list of lawyers is provided by the British High Commission at your convenience, but neither Her Majesty’s Government, nor any official of the Consulate, take any responsibility for the competence or probity of any firm/advocate on the list or for the consequence of any legal action initiated or advice given.

We cannot get you out of prison, pay fines or stand bail or interfere with local judicial procedures to get you out of prison nor secure you an earlier trial date; we cannot investigate a crime.

We have tried to make sure that the information in this booklet is accurate and up to date, but the British Embassy cannot accept legal responsibility for any errors or omissions in the information. If in doubt contact a lawyer.

Who are the Consular Representatives?

Henry Kenrick, DHC/Consul in the High Commission

Ivone Gonçalves, Consular Assistant in the High Commission

Contact Information

British High Commission Maputo
Av. Vladimir Lenine, 310 Caixa Postal, 55
Telephone number: +258 21 356000 Fax Number: +258 21 356060
Email: [email protected]
Website: www.govuk/government/world/mozambique

High Commission Working Hours: Monday to Thursday 08h00 – 12h30 / 13h00 – 16h00 Friday: 08h00 – 13h00

Consular Section Opening Hours: Monday to Friday: 08h30 – 12h00

First steps

After being detained

As soon as a British National is arrested and detained in Mozambique, the Mozambican authorities must let the detainee contact the British High Commission in Maputo. Often the Police contact us in order to deal with it. But we are frequently not informed within 24 hours. It is essential that you, a friend or family member inform the British High Commission as soon as possible after the arrest. It is your right to request the Mozambican authorities to contact the British High Commission on your behalf.

Informing family

For reasons of confidentiality we are not permitted to tell anyone that you have been detained or what the charges are without your permission.

What the High Commission can do

We will aim to contact you, depending on local procedures, within 24 hours of being told about your arrest or detention. If you want us to, we will then aim to visit you as soon as possible.

Criminal record in the UK

You should be aware that if you have been convicted for certain serious offences, such as sexual assault or drugs trafficking, we are obliged to inform the UK police. It is therefore possible that information about this offence may appear if a Criminal Records Bureau check were carried out by a prospective employer.

Visits

Family and friends

Your family must contact the prison management to arrange a visit and to understand the prison procedures.

Number of visits allowed

You are allowed to receive visitors twice a month. You may be allowed extra visits if there are special or compassionate reasons (for example, distance).

Visitors must identify themselves when they arrive at the prison by showing an identification document containing a photograph (e.g. passport). This is held by the prison and returned at the end of the visit.

Visitors will be searched before entering the prison.

Consular visits

We hope to visit every three months. You will be called to the prison administration offices during a consular visit.

Items visitors are allowed to bring

Visitors can bring prison comforts. All bags and parcels will be searched before entry and authorities have the right to withhold items they deem to be unacceptable (amongst others, 6 weapons, knives, alcohol, drugs, clothes made of black fabric, sunglasses, caps, canned food, grapes, apples, etc). However, restrictions on what visitors bring into prison are not always respect.

Prison conditions/services

Arrival at the police station

Detainee will be submitted to first hearing, on which a statement is drawn up and has the right to request only to be heard in the presence of a lawyer. It is a constitutional right, established in article 65, paragraph 1 of the Constitution of the Republic of Mozambique.

If the detainee doesn’t speak Portuguese it is the police responsibility to find a translator to translate the questions and answers during the hearing.

After the first hearing, detainee will be sent to the prison cell. A public prosecutor goes to the police stations twice a week, normally every Tuesdays and Thursdays, to make a screening of the processes of people in the cells. If the prosecutor decides that the person in question has to be maintained there then his process is sent to the examining judge who has to decide to maintain or not the imprisonment within 48 hours. If the examining judge decides to maintain the imprisonment then the person is sent to prison under pre-trial detention.

Arrival at prison

Stay imprisoned until a provisional release, decided by the judge subject to certain conditions, including the application for the purpose and other legal requirements or until the trial.

General prison conditions

Over-crowding is a major problem. The number of inmates to each cell entirely depends on the size of the cell and the number of prisoners in the particular prison. There are usually up to 25 prisoners in a cell. Women’s prisons are separate to the men’s.

Washing and toilet facilities are few and far between, often only a bucket in the corner. Showers are mostly separate and shared with the whole prison. Hot water is rarely supplied. Washing clothes is difficult and normally only possible in buckets.

If you experience serious harassment, threats or violence you should report this to the British High Commission as soon as possible. We take all allegations of mistreatment against a British national seriously and will raise them with the authorities as appropriate, but only with your consent.

Instructions on how to get funds transferred to you

Please note that we can only advance funds to the person overseas once your payment has cleared in our account.

Electronic bank transfers

Payment by electronic/internet bank transfer can be made either using online or telephone banking, or at your local bank or building society.

For all bank transfers, you will need to include the following details:

Bank:	National Westminster Bank
Account Name: FCDO Multi Vote
Sort Code: 60-70-80
Account Number:	10012362
Reference: FCDO case reference number, surname and first name of the person you are sending the funds for, plus country name if possible, e.g. 11-THB-123456 SMITH JOE - THAILAND or CON-1234 SMITH JOE – THAILAND
IBAN	GB56NWBK60708010012362
SWIFT/BIC	NWBKGB2L

You may also need our bank address which is:

National Westminster Bank,
Government Banking,
CST PO Box 2027, Parkland,
De Havilland Way,
Howich, Bolton, BL6 4YU

By post

Payments by Postal Order, Bankers Draft, Building Society Cheque or personal cheque should be crossed and made payable to “The Foreign, Commonwealth & Development Office”. They should be sent to:

Accounts Receivable
Foreign, Commonwealth & Development Office
Corporate Service Centre
PO Box 6108
Milton Keynes
MK10 1PX

We recommend that you use Special Delivery.

Please ensure that you include a note briefly explaining who the money is for, why you are sending these funds and quoting the FCDO case reference number. You may wish to use the payment slip on the next page.

If you would like a receipt, please include a stamped addressed envelope.

Please note that it can take approximately 15 days for personal cheques to clear and for payment to be received. Please write the cheque guarantee number and expiry date, and the FCDO case reference number, on the back of the cheque.

We are unable to receive payment by credit or debit card, or by cash.

To: Foreign, Commonwealth & Development Office

FCDO case reference number:

Date:

Please find enclosed funds for:

Full Name:

Country/place the above is in:

Amount enclosed:

Fee to be deducted:

Payment method:

My name is:

My address is:

Working or studying in prison

This is unlikely.

Medical and dental treatment

If you need medical or dental treatment you should ask to see the prison doctor or dentist. Basic medical attention is free of charge. It is unlikely that you will be treated by a doctor who speaks English.

Food and diet

There is a minimal provision of food within the prison. Prison food is free but rarely sufficient to fulfil your dietary needs. You will need funds to pay for supplements to your diet.

Mail/Parcels

Friends and family can send mail and parcels to the High Commission and we deliver to the prison.

The High Commission is not able to forward mail on your behalf back to the UK. All letters are opened and checked by prison staff before they are given to prisoners. Mail cannot be sent directly to the prison from the UK since there is no Postal system in the prison.

Making telephone calls from prison

This depends on the prison. Usually there is access to a telephone. It is not possible to receive calls.

Leisure and entertainment

The Penitentiary Policy previews cultural and sports activities for the prisoners, however, the only known activities that the prisoner is effectively entitled to are sunbathing and football.

Drugs

Drugs are normally available within Mozambican prisons, although officially prison authorities deny this. If found I possession of drugs you risk incurring an additional, or an increased sentence. It can also pose a major health risk such as from dirty needles.

Registering complains about mistreatment

You have the right make an application addressed to the Prison Director or the Prison Management complaining about the mistreatment.

The Mozambique Judicial System

Mozambique’s judicial system is not the same as the UK. Although on the face of it there are many similarities. For example, prisoners are presumed innocent until proven guilty; they have a right to legal representative, interpreter, fair trial and appeal. However there are fundamental differences. In addition it is extremely hard to achieve anything quickly. On the whole, the Mozambican judicial system is very bureaucratic. Also, lawyers’ fees can be expensive (up to $250 an hour). Prisoners can remain in prison without having been sentenced for well over a year. There are also allegations of corruption within the judicial system. Remember that you should never sign anything you cannot read. If you find yourself under pressure to sign, ask to speak to the British High Commission.

After arrest: what to expect

After you are arrested the Police should take you to a Police Station.

Duration of remand in custody

According to the law, the subject can only be detained in a Police Station for a maximum of 48 hours. However, in many cases where the subject cannot afford legal representation, they end up staying in the Police Station for days or even weeks. If there are reasons for detention the subject is then taken to the civil jail. In both places the person is asked to give statements. The Police should read the charges and your rights.

After being charged: what to expect

When a charge is brought you have the right to be notified. You can accept, dispute or not respond to the charge

Provisions for bail

A Judge will hear your case and can decide to give you bail or keep you in prison. Bail may be rejected for serious offences such as armed robbery or murder. In many circumstances, it depends on the personal decision of the Judge.

Legal assistance

Consular staff cannot give legal advice, but they can provide you with a list of lawyers, some of whom speak English. You can hire a lawyer for yourself at any time after your arrest; a list of lawyers is included in this information pack. Normally, if you hire a private lawyer they will ask for a cash advance on their estimated legal fees (which may be very high) before they will take your case on. The British High Commission cannot pay legal fees or guarantee to a lawyer that you will pay them.

All prisoners in Mozambique are entitled to legal assistance. This is granted by the Constitution of the Republic of Mozambique (article 62) and Law nº 24/2007 of 20th August (article 11). If you cannot afford a private lawyer the court should appoint a public defendant free of charge.

As in any country, some lawyers are better than others (paying a large fee does not guarantee that you will get a good lawyer). If you do decide to pay for a lawyer, it is wise to agree a flat fee for the whole case before they begin work or you may find yourself facing ‘extra expenses’.

Trial

In Mozambique there are two types of trial:

‘Processo Sumario’ - minor criminal offences including driving offences (with penalties of up to 8 years in prison or where the amount of damages is less than 115.000,00 Meticais. In this kind of case the trial should take place within a few days of the arrest. It will be held at the ‘Tribunal Judicial do Distrito Urbano’;

‘Processo Ordinario’ – serious criminal offences (with penalties of above 8 years in prison or where the amount of damages is above 115.000,00 Meticais). In this kind of case the prisoner can be remanded in custody for up to two years before the trial takes place. This trial will be held at the Maputo City Judicial Court or any Provincial Judicial Court.

Documents related to a case and further evidence must be submitted to the president of the court. The trial will be heard in Portuguese. You will need to appoint and pay for an interpreter. Consular staff cannot act as interpreters. However, included in this pack is a list of interpreters.

Sentences

Appeal

Article 645 of the Penal Procedure Code establish that it is possible to appeal against dispatches, sentences or judgments given by any judges or courts, in criminal matters, not specially excluded by Law.

For that purpose, in case of a summary procedure and in process of correctional police (qualification which depends on the penalty applicable to the crime) the defense is obliged to state in the trial, and before the questioning of the defendant, that he does not obviate the appeal, and has to present the appeal after the trial.

It is important, in this type of processes that the non obviation of the appeal by the defense is registered in the minutes of the trial.

The procedure above is not, however applicable in quarrel processes (those applicable to crimes to which correspond higher penalties) where the appeal has to made within 5 days from the date of the publication of the dispatch, sentence or judgment against which the appeal is intended to be made.

Reduction of sentence

The only existing provision refers that in the duration of the sentence it is taken into account the duration of the pre-trial detention period which is discounted from the duration of the sentence.

Early release

Article 120 of the Penal Code establish that convicted with imprisonment lasting more than six months may be put on provisional release for the remaining time for the sentence when they have complied half of the sentence and show ability and willingness to adapt to honest living.

The during the provisional release period the convicted person is subject to certain obligations established in article 121 of the Penal Code such as the repair at once of the damages caused to the crime victims; the obligation of not attending certain environments, local, or not follow suspicious or misconduct people, the obligation of giving a bond of good conduct… according to what the judge establishes, according to the type of crime, the prisoner personality, the environment on which he lives or has lived.

The same provision of provisional release, with the same wording as the said article 120 of the Penal Code, is included in article 146 of the new Penal Code, approved by Law n. º 35/2014 of 31 December, which comes into force on 27 May 2015.

Clemency or pardon

Clemency is only possible through the approval of an amnesty law to a particular case.

However, if convicted in a simple penalty of imprisonment (until two years) or fine, or imprisonment and a fine, the court may declare suspended the sentence, considering the degree of culpability and moral behaviour of the offender and the circumstances of the offense, and if the defendant has never been convicted to imprisonment.

Financial penalties

Fine constitute one of the criminal measures provided in the Penal Code as a correctional penalty, article 56, paragraph 4. This penalty is applicable to some types of crimes as stated in the Penal Code.

Some types of crimes are punishable with custodial sentence and corresponding fine.

The Law on domestic violent against women, approved by Law n.º 29/2009 of 29 of September, which has been incorporated in the new Penal Code, also previews this type of penalties.

There is also the possibility of substitution of custodial sentence by fine, when the custodial sentence is for a period no longer than six months.

Transfer to another prison within Mozambique

Yes, it is. The application explaining the grounds for the request has to be addresses to the Director of the Prison establishment.

Transfer to a prison in the UK

Article 67 of the Constitution of the Republic of Mozambique establishes the possibility of extradition, which can only take place by court decision.

Extradition is usually made as provided by bilateral agreements between countries on the matter.

To this particular case, I will investigate what agreements are there between Mozambique and the UK.

Procedures for release and deportation

Release after serving the sentence is given upon application made by the prisoner, addressed to the Director of the prison institution.

Regarding the deportation procedures, it is important to mention that as rule the penalty for crimes committed in Mozambique is fulfilled in Mozambican territory, unless an extradition is requested, which will take place in the terms set in the agreement between the Republic of Mozambique and the prisoner’s country of origin.

In any case, Decree 108/2014, of 31 December establish the procedures applicable to deportation of foreigners for expulsion, which is: foreign citizens with expulsion order must be accompanied by migration authorities to the border of the country of their destination, where he is delivered to the respective country authorities, certifying the authorities of both countries the delivery and receipt of the citizen.

Additional information

EG: Volunteer Workers

No Volunteer Workers working in the prisons. Fine penalties applied either as such or resulting from the replacement of prison sentence may be served by socially useful work.

On the other hand, there is the possibility of partial redemption of imprisonment penalty in the ratio of one day in prison for three days of socially useful work in the current Penal Code, and reduced to two days of socially useful work in the new Penal Code, given that the prisoner so requests and shows good behaviour in prison.

EG: Plea Bargaining

Confession is only qualified in the Penal Code as an attenuating circumstance to be taken into account by the judge when deciding on the concrete penalty to be applied to the defendant, since the penal Code establish abstract penal measures for each typified crime (between two and eight years, for example).

Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned overseas. It is the only UK charity providing this service and it is available to all, whether guilty or innocent, convicted or on remand. Prisoners Abroad is concerned with your health and welfare, both during your imprisonment and also on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family during your imprisonment. In order to access any services, prisoners must first register with Prisoners Abroad by signing and returning their authorisation form.

Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer will vary from country to country, but generally they can provide you with information, in English, on:

• your rights as a prisoner and issues that may affect you such as health or transfer to the UK
• obtaining magazines, newspapers, books and the regular Prisoners Abroad newsletter
• writing to a pen pal
• learning the language of your country of imprisonment
• translation of documents
• grants for food if you are in a developing country and don’t have funds from other sources
• grants for essential medicines and toiletries if you don’t have funds from other sources
• preparing for release
• help for your loved ones, including information, family support groups and assistance with the cost of visiting

Prisoners Abroad
89 – 93 Fonthill Road
London N4 3JH
UK
Telephone: 00 44 (0)20 7561 6820 or, for your relatives in the UK, Freephone 0808 172 0098 (Mondays to Fridays 9.30 am to 4.30 pm, UK time)
Email: [email protected]
Website: www.prisonersabroad.org.uk

Glossary of Terms

Useful legal terms Key phrases – English into Portuguese

English	Portuguese
Lawyer	Advogado
Translator	Tradutor
Attorney General	Procurador-Geral
Prosecutor	Procurador Judicial
Attorney General Office	Procuradoria da República
Judicial System	Sistema Judicial
Custody	Custódia
Judge	Juíz
Prison	Prisão
Prisoner	Prisioneiro
Prison Cell	Cela de Prisão
Prison Guard	Guarda Prisional
Detainee	Detido
Witness	Testemunha
Court	Tribunal
In legal terms	Em Termos Legais
Law	Lei
Human Rights	Direitos Humanos
Pay fine	Pagar Multa
Judicial Procedures	Procedimentos Jurídicos
Arrested	Preso
Detained	Detido
Police	Polícia
Police Station	Esquadra da Polícia
Criminal Records	Registo Criminal
Mistreatment	Maus Tratos
Complaint	Queixa
Bail	Caução
Pay Bail	Pagar Caução
Legal Assistance	Assistência Legal
Parole	Liberdade Condicional
Offence	Ofensa
Criminal Offence	Ofensa Criminal
Penalty	Sanção Penal
Clemency	Clemência
Amnesty	Amnestia
Guilty	Culpado

Annexes

List of English-speaking lawyers in Mozambique

List of English-speaking translators and interpreters

FCDO leaflet: in prison abroad

Prisoners Abroad authorisation form

Prisoners Abroad family contact form

Fair Trials International questionnaire and leaflets