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Angola

Executive Summary

Angola is a constitutional republic. The ruling Popular Movement for the Liberation of Angola (MPLA) has been in power since independence in 1975. In August 2012, the government held the first presidential and legislative elections following the promulgation of the 2010 constitution. The MPLA received 71.8 percent of the vote, and in September 2012, President Jose Eduardo dos Santos began a five-year term as president under the new constitution.

Civilian authorities generally maintained effective control over the security forces.

The three most important human rights abuses were cruel, excessive, and degrading punishment, including reported cases of torture and beatings; limits on freedoms of assembly, association, speech, and press; and official corruption and impunity.

Other human rights abuses included arbitrary or unlawful deprivation of life; harsh and potentially life-threatening prison conditions; arbitrary arrest and detention; lengthy pretrial detention; impunity for human rights abusers; lack of due process and judicial inefficiency; forced evictions without compensation; restrictions on nongovernmental organizations (NGOs); harassment of and violence against women and children; child labor; trafficking in persons; limits on workers’ rights; and forced labor.

The government took some steps to prosecute or punish officials who committed abuses; however, accountability was weak due to a lack of checks and balances, lack of institutional capacity, a culture of impunity, and widespread government corruption.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

b. Disappearance

There were no reports of politically motivated disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit all forms of torture and cruel, inhuman, or degrading treatment or punishment, but the government did not always enforce these prohibitions. Periodic reports of beatings and other abuses of persons on the way to and in police stations during interrogations continued. The government acknowledged that at times members of the security forces used excessive force when apprehending individuals. Police authorities openly condemned some acts of violence or excessive force against individuals and asked that victims report abuses to the national police or the Office of the Public Defender (Ombudsman).

On September 1, Jose Padrao Loureiro, suspected of belonging to a gang, was beaten and killed by police inside Rangel Police Station, following his arrest on August 31, according to press reports. During the one-day detention, Loureiro was allegedly tortured and killed. National Police Spokesperson Mateus Rodrigues said an autopsy revealed the victim was severely beaten. Authorities opened an investigation on September 5 and detained five police officers.

Security forces reacted harshly and sometimes violently to public demonstrations against the government. Several media and NGO accounts reported police around the country, in particular in the provinces of Luanda, Malanje, Benguela, and the city of Lobito, beat protesters. The visible presence of security forces was enough to deter significantly what were deemed by the government to be unlawful demonstrations. Authorities claimed known agitators who sought only to create social instability organized many of the public demonstrations.

The media reported that, on August 20, during a protest in Luanda calling for the resignation of President dos Santos and for the release of activist Dago Nivel, police allegedly beat several protesters and used the police canine brigade to disrupt the protest; dogs wounded three protesters. The media provided photographs of the incident, including of men with visible bite wounds. Police reportedly later drove a group of protesters, including the men wounded by the canine brigade, to the outskirts of the city and left them there. The General Command of the National Police denied any knowledge of the case.

There were reports of abuses by private security companies in diamond producing regions.

For example, on April 21, in the Cafunfo diamond area, in Lunda-Norte province, private security guards working for a private company allegedly severely beat 10 artisanal miners with machetes, according to a media report that included a video of the incident.

Prison and Detention Center Conditions

Prison and detention center conditions were harsh and potentially life threatening. Domestic NGOs, activists, and the media continued to highlight corruption, violence, overcrowding, a lack of medical care, and generally poor conditions.

Physical Conditions: In April Antonio Fortunato, director general of penitentiary services, acknowledged overcrowding in prisons was a serious problem.

Authorities frequently held pretrial detainees with sentenced inmates, and short-term detainees with those serving long-term sentences for violent crimes, especially in provincial prisons.

Prison conditions varied widely between urban and rural areas. Prisons in rural areas were less crowded and reportedly had better rehabilitation, training, and reintegration services. Prisons did not always provide adequate medical care, sanitation, potable water, or food, and it was customary for families to bring food to prisoners. Local NGOs stated prison services were insufficient. In 2015 Fortunato acknowledged that approximately five prisoners died each month in the country’s prisons from diseases such as HIV/AIDS, malaria, and tuberculosis.

In April, Fortunato acknowledged that Viana Jail (on the outskirts of Luanda) lacked adequate potable water and food for inmates. On September 14, activist Nuno Dala published photos allegedly taken inside Viana Jail depicting severely overcrowded conditions and several inmates suffering from malnutrition and tuberculosis due to a lack of food and potable water. On September 16, the newspaper Novo Jornal published a report on the allegedly deplorable conditions; the report included photographs of prisoners who appeared to be malnourished. Novo Jornal also reported that the Rapid Intervention Police (PIR) and the Special Prison Services Detachment (DESP) tortured one of the prisoners allegedly for his role in sharing photos with persons outside the jail. Observers generally regard the newspaper as credible; however, its reporting on conditions inside Viana Jail could not be independently verified.

According to a press report, female inmates accused two officials from the Human Resources and Penal Control Units of the Kwanza Sul Jail of coercing them to have sex in order to be released from prison under the new Amnesty Law. Authorities launched an investigation, and on September 26, the PGR announced the investigation concluded the claims of sexual abuse were false and there were no irregularities in the prison’s inmate release procedures.

Administration: The Ministry of Interior claimed that adequate statistics were available in each facility and that authorities were able to locate every prisoner.

The government investigated and monitored prison and detention center conditions. There was no prison ombudsperson.

Some offenders, including violent offenders, reported paying fines and bribes to secure their freedom but it was unclear how prevalent this practice was.

Independent Monitoring: The government permitted visits to prisons by independent local and international human rights observers and foreign diplomats. For example, the government permitted foreign diplomats to visit the “15 + 2” activists during their imprisonment (section 1.d.). Nevertheless, civil society organizations faced difficulties in contacting detainees, and prison authorities undermined civil society work in the prisons.

Members of opposition parties visited prisons around the country on a regular basis and reported uneven improvements in living conditions and rehabilitation programs. A local NGO that provides pro bono legal services to inmates said prison officials were trying to improve conditions but overcrowding limited results. According to the Ministry of Justice and Human Rights, the ministry made monthly visits to detention centers with representatives of the Office of the Public Defender, the PGR, and members of the National Assembly to assess prisoners’ living conditions.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention; however, security forces did not always respect these prohibitions.

According to several NGO and civil society sources, police arbitrarily arrested individuals without due process and routinely detained persons who participated, or were about to participate, in antigovernment protests, despite this right being protected by the constitution. They often released the detainees after a few hours. For example, on August 21, in Lobito, police beat and arrested activists Paulo Vinte-Cinco and Francisco Catraio of the Revolutionary Movement while they participated in a weekly meeting with other youth to discuss politics. More than 20 police officers broke up the meeting and dispersed the participants. Police released the two activists the next day.

ROLE OF THE POLICE AND SECURITY APPARATUS

The national police, controlled by the Ministry of Interior, are responsible for internal security and law enforcement. The Expatriate and Migration Services (SME), also in the Ministry of Interior, is responsible for migration law enforcement. The state intelligence and security service reports to the presidency and investigates sensitive state security matters. The Angolan Armed Forces (FAA) are responsible for external security but also had domestic security responsibilities, including border security, expulsion of irregular migrants, and small-scale actions against Front for the Liberation of the Enclave of Cabinda separatists in Cabinda.

Civilian authorities maintained effective control over the FAA and the national police, and the government has mechanisms to investigate and punish abuse and corruption. The security forces generally were effective, although sometimes brutal, at maintaining stability. The national police and FAA have internal mechanisms to investigate security force abuses, and the government provided some training to reform the security forces. Impunity for security force abuses remained a problem, however.

Local population generally welcomed police presence in neighborhoods and on streets as enhancing general safety and security. Police officers, however, were believed routinely to extort civilians to supplement their income. Corruption and impunity remained serious problems. The national police handled most complaints internally through opaque disciplinary procedures, which sometimes led to formal punishment including dismissal. The national police participated in a television series designed to show a gamut of interactions between police and civilians. The goal of the show was to encourage the population to collaborate with police while discouraging security force members’ procurement of bribes or their payment. The PGR has an anticorruption unit, charged with oversight of police wrongdoing. The government disclosed publicly the results of some investigations that led to disciplinary action. On September 17, authorities terminated two police officers for extorting money from drivers during traffic stops, according to a press report. On September 13, the government announced the deployment of 400 newly trained police officers as part of an effort to eliminate corruption from the police force.

Police participated in professional training with law enforcement officials from several countries in the region.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

In December 2015 a new law on pretrial procedures (Law 25/15) entered into force.

The law requires a magistrate or judge to issue a warrant before an arrest may be made, although a person caught committing an offense may be arrested immediately without a warrant. Authorities, however, did not always procure warrants before making an arrest.

By law the public prosecutor must inform the detainee of the legal basis for his or her detention within 48 hours; however, NGO sources reported authorities often did not respect this requirement. If the public prosecutor is unable to determine whether there is a legal basis for the detention within 48 hours, the prosecutor has the authority to release the person or, depending on the seriousness of the case, require the person to submit to one or more pretrial procedures prescribed by law such as posting bail, periodic appearance before authorities, or house arrest.

If the public prosecutor determines a legal basis exists for the detention, a person can be held in pretrial detention for up to four months without charge and up to 12 months before a judge is required to rule on the case. Cases of special complexity regarding crimes punishable by eight or more years allow for pretrial detention without charge for up to six months and up to 14 months before a judge is required to rule on the case. Under the law, the period of pretrial detention counts toward the total amount of time served.

The law states that all detainees have the right to a lawyer, either chosen by them or appointed by the government on a pro-bono basis. The lack of lawyers in certain provinces at times impeded this right. On September 24, the head of the Angolan Bar Association (ABA) stated there were 1,700 lawyers in the country, an insufficient number to handle the volume of criminal cases, and the geographical distribution of lawyers throughout the country was a problem, as most lawyers were concentrated in Luanda. In 2015 the Ministry of Justice and Human Rights reported that all municipal courts were staffed with licensed lawyers, but at the same time recognized access to a lawyer, especially in the provinces and in rural areas, remained a problem. Several lawyers and NGOs noted that even in Luanda most poor defendants do not have access to lawyers during their first appearance before a judicial authority or during their trial.

The law allows family members prompt access to detainees, but prison officials occasionally ignored this right or made it conditional upon payment of a bribe. The law requires detainees be held incommunicado for up to 48 hours until being presented to a public prosecutor, except they may communicate with their lawyer or a family member.

A functioning but ineffective bail system, widely used for minor crimes, existed. Prisoners and their families reported that prison officials demanded bribes to release prisoners.

Arbitrary Arrest: Unlawful arrest and detention remained serious problems. According to the PGR, allegations of government wrongdoing on arrest practices made by local and international NGOs were due to a lack of understanding of national laws.

Pretrial Detention: Excessively long pretrial detention continued to be a serious problem. An inadequate number of judges and poor communication among authorities contributed to the problem. In some cases, authorities held inmates in prison for up to two years before their trials began. The Ministry of Interior reported during the year that 11,000 inmates were pretrial detainees, approximately 45 percent of the total inmate population. The government often did not release detainees confined beyond the legal time limit, claiming previous releases of pretrial detainees had resulted in an increase in crime.

Detainees’ Ability to Challenge Lawfulness of Detention before a Court: The constitution provides the right of habeas corpus to citizens to challenge their detention before a court. On June 29, the Supreme Court granted the group of activists known as the “15+2” a writ of habeas corpus, ruling that following their March conviction and sentencing to between two and eight years in prison by the Luanda Provincial Court the appeal lodged by their lawyers had a suspensive effect and required their release pending the outcome of their appeal. Judge Domingos Januario, the judge of first instance for the Luanda Provincial Court, was later accused of concealing the activists’ petition for habeas corpus from the Supreme Court. The attorney general launched an investigation of the judge’s handling of the case, which remained ongoing as of September.

The case against the “15+2” began in June 2015 in Luanda, when 15 activists were arrested by security forces during a book discussion. In September 2015, after 102 days of pretrial detention, they and two other individuals were charged with engaging in “preparatory acts to incite rebellion and for planning the overthrow of the president and other institutions of the state.” The activists are collectively referred to as the “15+2.” The Ministry of Justice and Human Rights and the PGR claimed the legal process to detain and charge the activists had been conducted within the law.

Amnesty: On July 20, the National Assembly passed the Amnesty Law (11/16), providing a general amnesty to criminals convicted prior to November 11, 2015, of nonviolent crimes whose sentences were 12 or fewer years in prison. Government representatives stated that the law, proposed by the president in honor of the country’s fortieth anniversary of independence in 2015, was also intended to ease overcrowding in prisons. As of September 23, more than 2,500 prisoners were released under the new law.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution and law prohibit such actions, but the government did not always respect these prohibitions. Civil organizations and politically active individuals, including government critics, members of opposition parties, and journalists, complained the government maintained surveillance of their activities and membership. These groups also frequently complained of threats and harassment based on their affiliations with groups that were purportedly or explicitly antigovernment. On July 29, Monica Almeida, the wife of “15+2” activist Luaty Beirao, was stopped by two police vehicles while driving in Luanda. Almeida alleged that police blocked her cell phone to prevent her from calling for help and ordered her to drive with the police vehicles for three hours as they proceeded aimlessly around the city, according to press reports. The police responsible later claimed they had mistaken Almeida for a suspected criminal and announced an investigation into the incident.

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