Mozambique: Six months in prison and a fine for anyone who breaks State of Emergency rules – report

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Mozambique: Six months in prison and a fine for anyone who breaks State of Emergency rules – report

1:58 CAT | 02 Apr 2020

Photo: O País

The execution of the measures enacted, during the State of Emergency, will be ensured by the Defence and Security Forces, if necessary.

In general, the Presidential Decree ratified by the Assembly of the Republic last Tuesday determines:

The limitation of the internal circulation of people in any part of the national territory, provided that there is an exponential increase in cases of contamination;

The imposition of confinement of persons in an appropriate home or establishment, with preventative goals, in cases of non-compliance with the home quarantine, of 14 days, for all who have entered the country in the last two weeks and who have had direct contact with confirmed cases of Covid -19;

Limiting the entry and exit of people from Mozambican territory, through the partial closure of its borders, except for matters of State interest, humanitarian support, health and cargo transport;

Additionally, the Presidential Decree provides for:

The provision of health services, similar services and others that are considered complementary;

Closing of amusement and similar commercial establishments, or reducing their activity and work; and

The introduction of labour shifts or other modalities depending on the specificities of the work area, while ensuring effectiveness control mechanisms.

The Decree-Law also provides for the “limitation of rights, freedoms and guarantees” that had already been announced by the President of the Republic on March 20, for example:

The suspension of all public and private schools classes, from pre-school to university education;

The ban on public and private events such as religious services, cultural, recreational, sporting, political, associative, tourist and other activities, except urgent state or social issues, such as funerals, with preventive measures adopted in all cases; and

Mandatory implementation of preventative measures in all public and private institutions and in passenger transport.

Adoption of fiscal and monetary policy that helps the private sector

In economic terms, the Presidential Decree provides for the monitoring of prices of goods essential for the population, including those necessary for the prevention and combat of the pandemic and the promotion and reorientation of the industrial sector for the production of inputs necessary to combat the pandemic.

The document further proposes the adoption of sustainable fiscal and monetary policy measures to support the private sector to face the economic impact of the pandemic

Up to six months in prison for trespassers

Article 5 of the Presidential Decree determines that “failure to comply with the measures imposed by the legal diploma will be considered a crime of disobedience and punished with the corresponding penalties”.

Article 412 of the Penal Code establishes that “whoever refuses to provide or fails to provide any service of public interest, for which he has been competently appointed or summoned, or who fails to comply with the orders or legitimate orders of public authority or its agents will be punished with imprisonment up to three months, if by law or disposition of equal force no different penalty is established”.

Paragraph 1 of article 413 of the Penal Code lays down a prison sentence of three to six months and a corresponding fine for “those who refuse or fail to do the services or provide the assistance that is required in the event of a flagrant crime or to prevent the escape of a criminal, or in circumstances of turmoil, shipwreck, flood, fire or other calamity, to prevent the escape of any criminal, or in circumstances of turmoil, shipwreck, flood, fire or other calamity, or any accidents in which may endanger public tranquillity”.

Paragraph 4 of article 2 of the Presidential Decree establishes that the execution of the measures enacted, during the State of Emergency, will be ensured by the Defence and Security Forces, if necessary.

The document, which came into force yesterday and runs until 30 April, specifies by way of safeguard that the measures enacted and their implementation must “respect the principle of proportionality and be limited as to its extent, duration and means used to what is strictly necessary for the prompt restoration of normality”.

By Orlando Macuácua

Source: O País