Convictions follow shooting near Banhine National Park in 2020; Victims deserve reparations reflecting severity of crimes.
Amnesty International and Mozambique’s Centre for Democracy and Human Rights (CDD) have welcomed the sentencing of six police officers at the Mabalane District Court for the shooting of six local residents near Banhine National Park on 3 November 2020.
In 2021, Amnesty International called for a thorough investigation into the shooting, which led to the government initiating legal action that culminated in a recent conviction. The court concluded – based on confessions, expert reports and ballistic tests – that the shots fired by the officers were disproportionate and inappropriate, constituting a violation of human rights.
However, Amnesty International and CDD are concerned that the court’s plan for reparations for the victims does not reflect the severity of the crime committed. In lieu of prison sentences, the court ordered fines of 16,500 meticais (approximately £200) for each officer be paid to the victims. This token payment raises concerns regarding whether the court risks sending a message of impunity by not adequately addressing the gravity of the violations.
“This verdict is an important milestone in seeking justice for the victims of this tragic event,” said Khanyo Farisè, Amnesty International’s Deputy Regional Director for Research in East and Southern Africa.
“However, while the court’s decision represents a step towards justice for the victims, the compensation they have received does not correspond to the suffering they endured.
“Reparations must always be adequate, effective, and prompt, and proportionate to the seriousness of the violations and the harm suffered. We stand in solidarity with the victims in lodging an appeal, urging the court to reconsider the reparations to ensure that they align with international human rights standards.”
Professor Adriano Nuvunga, director of Mozambique’s Centre for Democracy and Human Rights, said: “The use of weapons of war, such as AK-47s, for the purpose of crowd control is unacceptable and represents a clear violation of human rights. Although the guilty verdict is a positive development, we are concerned that the suspended three-month prison term and the fines do not provide sufficient accountability or justice for the victims.
“Impunity in cases of police violence must be actively challenged, and authorities must be held fully accountable. It is essential that the Mozambique authorities take robust measures to prevent such incidents in the future, and ensure a strong commitment to human rights and the dignity of all people.”
On Thursday 18 July 2024, the Mabalane District Court in Gaza Province sentenced six officers of the Special Intervention Unit, linked to the Provincial Command of the Police of the Republic of Mozambique (PRM) in Gaza, to a three-month prison sentence and a corresponding fine. The officers – Paulo Dimétrio, Celso Matusse, Jaime Maússe, Afonso Xavier, Jaime Simbine and Moisês Maricoa, all members of the 13th Brigade of the PRM – were convicted of involuntary bodily harm. The sentence made it clear that the use of AK-47 rifles is not justified in crowd control situations, stating that “those who fire this type of weapon have the purpose of killing”.
Background
On 3 November 2020, park rangers, with support from the Police Special Intervention Unit in the nearby town of Xai Xai, led an operation against what they alleged was illegal charcoal production in or near Banhine National Park in Gaza Province.
During the operation, park rangers and police burned charcoal kilns and arrested more than 20 people. When local villagers heard about the operation, they decided to talk to the rangers immediately. To stop the vehicles of park rangers and police, the villagers blocked the road just outside of the park with large logs. Interviewees said that when the rangers and police stopped their vehicles, four men from the community walked toward them with their empty hands held high. They said that rangers and police officers suddenly opened fire, hitting six men.
Following the shooting, Amnesty International interviewed 26 people, including victims and witnesses, community and government officials, and individuals involved in the management of Banhine National Park. It also reviewed official documents published by Mozambique’s government and other organizations, local hospital and media reports, and academic papers, and called for a thorough investigation.
Distributed by APO Group on behalf of Amnesty International.
Source: Apo-Opa
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