Prison overcrowding remains one of the most pressing challenges facing Mozambique’s justice system. A growing prison population, combined with inadequate infrastructure, a high number of pre-trial detentions, and limited institutional capacity, has raised serious concerns about conditions for inmates and compliance with human rights standards.
The problem stems from multiple factors, including insufficient investment in crime prevention, education and social reintegration, as well as the need to expand the use of non-custodial sentencing alternatives.
In an interview with Diário Económico, André Mulungo, coordinator of the Peace, Democracy and Human Rights Division at the Centre for Democracy and Human Rights (CDD), argued that the solution to the prison crisis lies not simply in building more facilities, but in an integrated approach combining crime prevention, improvements to the justice system, and the guarantee of inmates’ human dignity.
**How does the CDD view prison overcrowding, and which human rights are most affected?**
Prison overcrowding is the result of several factors, among them insufficient infrastructure. Many existing facilities were built years ago and are currently operating well above their intended capacity.
The primary concern relates to human dignity. The fact that a person has been deprived of their liberty for committing a crime does not mean they should forfeit their fundamental rights. Inmates must serve their sentences in conditions that are adequate and compatible with human dignity.
When people are forced to sleep in inadequate conditions, share cramped spaces, and live in environments lacking basic sanitation, there is a clear violation of the rights to dignity and health.
What other problems arise from prison overcrowding?
One of the central problems is the difficulty in separating different categories of inmates. There are situations in which minors, adults, first-time offenders, and individuals accused of serious crimes end up sharing the same spaces.
This reality undermines the process of rehabilitation, which should be one of the primary objectives of the penitentiary system. Rather than contributing to a person’s recovery and reintegration into society, the system risks releasing some individuals in a worse condition than when they entered.
This concern is even more acute in the case of minors, given that the state has an obligation to ensure conditions that allow for their social reintegration.
The government has pointed to the high financial cost of overcrowding. How do you assess this?
The costs are unavoidable because people deprived of their liberty require food, medical care, and other basic services. However, it is essential to examine the root causes of the problem.
If the state does not invest in crime prevention, education, and the strengthening of justice institutions, it will continue to face rising expenditure on the prison system.
The question should not only be about how much it costs to keep people in prison, but also why there are so many inmates and what measures can be taken to reduce that number.
What factors are driving the growth of the prison population?
Several factors explain the increase in the prison population. One is the lack of investment in crime prevention. Education plays a fundamental role, because a society with greater access to knowledge, training, and opportunity tends to see a reduction in some of the phenomena associated with criminal behaviour.
Another factor relates to the capacity of justice institutions. There are cases in which individuals remain deprived of their liberty due to failures in criminal investigation, delays in case preparation, or the slow pace of judicial proceedings.
It is also important to highlight the excessive use of pre-trial detention. In some cases, individuals could await trial at liberty under alternative supervision measures, but instead end up being remanded to a detention facility.
How important are non-custodial sentencing alternatives?
Alternative sentences are essential instruments for reducing pressure on the prison system. Not every crime necessarily requires a custodial sentence. In certain situations, alternative measures can ensure that offenders are held accountable without adding to the number of people in detention.
The discussion around the use of electronic monitoring bracelets, for example, is important, but it is necessary to ensure that such mechanisms are applied fairly and transparently. They must not serve only to benefit individuals with influence or connections to the elite, but must be available to all citizens who meet the legal requirements.
What must be done to resolve the prison overcrowding crisis?
There is no single solution to prison overcrowding. Investment in the construction and improvement of facilities is necessary, but so too is a stronger focus on crime prevention measures.
The state must make a serious commitment to education, given that many instances of criminal behaviour are linked to a lack of opportunity, social exclusion, and the absence of prospects for many young people.
It is equally important to strengthen the capacity of justice institutions by ensuring higher quality in criminal investigation, greater efficiency in the courts, and more appropriate use of non-custodial alternatives.
What role should the Attorney General’s Office play in this process?
The Attorney General’s Office has a fundamental role in community prevention and awareness. The work of justice institutions must not be confined to responding after a crime has occurred; they must develop actions that contribute to preventing crimes from being committed in the first place.
At the same time, when a crime has been committed and a final judicial ruling has been handed down, the correct application of the sentence is important to ensure accountability and to send a clear message to society about compliance with the law.
Prevention depends on education, community awareness, and the efficient functioning of justice institutions.
What benefits could Mozambique achieve by implementing these measures?
The primary benefit would be the building of a more balanced and secure society. With greater investment in education and crime prevention, fewer people would enter the prison system.
At the same time, with adequate infrastructure, it would be possible to guarantee better conditions for inmates and reduce problems related to health and human dignity.
The objective should not be merely to resolve prison overcrowding, but to create conditions for a society with a lower propensity for criminal behaviour and a greater capacity to reintegrate those who have already served their sentences.
Source: Diário Económico
Original article: https://www.diarioeconomico.co.mz/?p=528955
