How does Angola’s criminal justice system fare in terms of respect for human rights? How are suspects, defendants and prisoners treated by Angola’s criminal justice institutions? This report from the Justice, Peace and Democracy Association examines the Angolan criminal justice system with respect to human rights. It finds that the system systematically violates rights to freedom, equal access to justice and defence, moral and physical integrity and prison visits.
Between 1975 and 1991, a single-party Marxist-Leninist system prevailed in Angola and there were serious violations of fundamental human rights and the rule of law. The ‘unified popular justice system’, because of its alarming deficiencies and lack of independence from the government, became an instrument through which such violations occurred. From 1992 to 2004, despite the transition to democracy and the rule of law, there was no substantial change in the pattern of rights violations. During this time the government showed no significant commitment to judicial reform.
Angola’s criminal justice system suffers from a number of problems and deficiencies, which lead it to violate fundamental rights:
- Legislation relating to the legal system is outdated, unconstitutional, undemocratic, and inconsistent with the rule of law and the separation of powers. The judicial system is slow and inefficient.
- Investigators from the National Bureau of Criminal Investigation often resort to threats, torture and violence to coerce detainees to provide information. They use arrests as part of investigations, violating the presumption of innocence.
- Most Angolan courts are in a state of degradation, lacking minimum basic working conditions, sufficient capacity and qualified personnel. A lack of capable judges contributes to the denial of justice.
- Prisons are overcrowded, in some cases to an inhumane level, leading to unsanitary conditions which jeopardise inmates’ health. Prison agents often commit acts of violence against inmates. Food supplies for detainees are inadequate.
- Delayed judgements and illegal extension of prison terms deny defendants and prisoners the right to freedom.
- Most defendants in Angola cannot afford a lawyer and are not appointed a public defender, violating their right to equal access to justice and defence.
- Angola’s government should present a plan for reform of the judicial system and create new criminal justice legislation. It should reform the prison system, provide courts with more staff and improve investigators’ salaries and working conditions.
- The National Bureau of Prison Services should encourage prison reform and start a preliminary study of prisons. It should implement training programmes on human rights for its staff and create conditions to meet the daily needs of prisoners.
- Judges should encourage a new law governing the judiciary, initiate a revision of their wage scale and ask for better working conditions. The Angolan Bar Association should promote judicial reform and a new law on access to justice.
- The Attorney General should contribute to a new law with regard to the constitution, the rule of law and the separation of powers.
- The international community should support the Angolan government in reforming the justice system. It should support capacity-building for Angolan civil society organisations to enable them to monitor the state’s actions.
