Mozambique: Trying terrorism cases in military courts could violate human rights, jurists warn

Some jurists consider controversial the thesis defended by the president of the Mozambican Association of Judges, Carlos Mondlane, that the cases of terrorism in the country should be judged by military courts, arguing these courts created in the past serious transgressions to human rights.

Carlos Mondlane responds that the cases of terrorism in Mozambique should be judged based on the theory of the Penal Law of the Enemy, which provides severe penalties for perpetrators, and notes that the crimes of terrorism are considered to cause greater damage to the lives and property of people, and the perpetrators do not recognize the legitimacy and discipline of the State.

The presiding judge of Cabo Delgado, António Matimule, defends the same idea, considering that a civilian court may be setting alleged terrorists free, due to lack of evidence.

For jurist José Machicame, this idea is controversial, because normally military courts are created during a period of war, and in the Mozambican case, the government has never declared a state of war, despite the fact that the northern zone is being affected by insurgency.
At the moment, there are no military courts in Mozambique.