State of Emergency: Procedural acts and judicial procedures subject to judicial vacations regime | Mozambique

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State of Emergency: Procedural acts and judicial procedures subject to judicial vacations regime | Mozambique

3:17 CAT | 01 Apr 2020

Photo: Lusa

Ratification by the Assembly of the Republic of the Declaration of the State of Emergency in Mozambique, between 1 and 30 April, limited access to justice. Procedural acts and judicial procedures are subject to judicial vacations, and all administrative procedural deadlines are suspended, as are limitation and expiry periods related to all processes and procedures.

“During the State of Emergency, the judicial vacation regime applies to the procedural acts and judicial procedures, without prejudice to urgent acts, namely precautionary measures, those that must be practiced in a process in which Fundamental Rights [are involved ]or related to imprisoned defendants as well as those related to minors at risk,” the law approved on Tuesday (31/03) by the Assembly of the Republic indicates.

The legal provision approved by consensus of all parliamentary benches establishes that: “All administrative procedural deadlines are suspended, including disciplinary procedures, for as long as the State of Emergency lasts”, and that “prescription and expiry periods relating to all processes and procedures are suspended for the duration of the State of Emergency”.

The representatives of the people conferred additional powers on the President of the Supreme Court, the President of the Administrative Court and the Attorney General of the Republic who “may take additional measures deemed appropriate in the context of the prevention of Covid-19, with the possibility of consulting the Mozambican Bar Association”.

Source: A Verdade