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| Mozambique: Justice Minister Urges Alternatives to Prison |
| By allafrica.com |
| Published: 04/06/2009 |
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Maputo — Mozambican Justice Minister Benvinda Levy has urged judges to reduce the number of people in the country's jails by sentencing people convicted of minor offences to penalties other than imprisonment. Speaking to AIM on Friday, after a ceremony in which 31 newly trained judges and prosecutors were sworn into office, Levy pointed out that, for a variety of crimes, the Mozambican penal code allows courts to hand down punishments that are alternatives to jail sentences - but for years judges have neglected this possibility. Where the offence carries a maximum sentence of two years imprisonment, the judge has the discretion to convert the jail sentence into a fine, or can suspend the sentence. But judges tend not to do this. "Many people are going to prison to serve short sentences", said Levy. "About 40 per cent of our prison population are serving sentences of up to six months". If alternative punishments were used, the number of people in jail would fall, thus reducing the severe problem of overcrowding in Mozambican prisons. Addressing the new judges and prosecutors, Levy stressed that "freedom is the rule, and the deprivation of freedom is the exception". But Levy admitted there were problems with the alternative penalties too. "Why is the penalty of a fine not used?", she asked. "Because when a fine is imposed, the person says he hasn't got the money to pay. But in these cases the conversion of imprisonment to a fine has maximum and minimum limits, and after assessing the capacity of the offender, the fine can be stipulated in accordance with what he can pay. We won't demand sums that he can't pay". Levy also thought that suspending a prison sentence for up to two years could be very effective. The police, however, are hostile to "alternative punishments", largely because of the response from the public. When people see someone they have previously denounced as a thief walking the streets again, they accuse the police of "setting bandits free". In the worst case, people take the law into the hands and lynch people they regard as criminals. Read more. If link has expired, check the website of the article's original news source. |
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