THREE POLICE OFFICERS SENTENCED TO LONG PRISON

UNCLAS MAPUTO 000777 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PGOV PHUM PREL MZ SUBJECT: THREE POLICE OFFICERS SENTENCED TO LONG PRISON TERMS FOR EXECUTING PRISONERS REF: 2007 MOZAMBIQUE HUMAN RIGHTS REPORT ¶1. (U) SUMMARY: On July 31, the Maputo City Court sentenced three police officers to 21 years' imprisonment each and ordered the officers to pay $25,000 to the families of three prisoners executed by the officers in April 2007. The conviction is the result of an independent investigation conducted by the Attorney General's office and is a rare example of police officers being punished for unlawful killings of civilians. While it is unlikely that the conviction will have an immediate effect on police behavior, it is nevertheless a victory for the Mozambican justice system. -------------- POLICE: KILLINGS JUSTIFIED -------------- ¶2. (U) In April 2007, three police officers shot three prisoners on a soccer field just outside of Maputo (Ref). The case only became public after residents of the suburb complained to the press and the NGO Human Rights League (LDH) about the incident. Over a period of several weeks, the press provided widespread coverage to the case, speculating that the police had summarily executed the prisoners. The police and the Attorney General's office initiated separate investigations. The police investigation concluded that the prisoners were shot while trying to escape the police car that was transporting them. Despite the gravity of the incident and the public outcry for justice, the only evidence collected in this investigation was the statements from the officers involved in the shooting. -------------- ATTORNEY GENERAL: PRISONERS WERE EXECUTED -------------- ¶3. (U) The Attorney General's office conducted a thorough investigation that included autopsy results from the slain prisoners, evidence from the killing site, and statements from the neighborhood residents and the police officers. The autopsy report showed that the prisoners had been shot at point blank range and therefore could not have been running away. It also demonstrated the number of shots fired was excessive, particularly if the intent of the shots was merely to prevent escape. As a result of the evidence, the Attorney General's investigation concluded that the police summarily executed the prisoners rather than bring them before the courts. -------------- STRONG SENTENCE SENDS A MESSAGE -------------- ¶4. (U) In the ensuing trial of the three accused police officers, the Maputo City Court agreed with the Attorney General's conclusion that the police summarily executed the prisoners. On July 31, the court sentenced the officers to 21 years' imprisonment each and ordered the officers to pay approximately $25,000 to the families of the slain prisoners. NGOs, including the well-respected LDH, considered the sentence strong and meant to send a message to the police that such killings will no longer be tolerated. -------------- COMMENT: A VICTORY FOR THE JUSTICE SYSTEM -------------- ¶5. (SBU) The conviction of the three officers is a victory of varying degrees on several levels. In a country where cases concerning unlawful killings by the police are often doomed to the black hole of endless investigations, the media deserves praise for their relentless coverage of the case. The Attorney General's decision to open up a parallel investigation is also noteworthy and may demonstrate that blind faith in police investigations will no longer be the norm. The court also deserves praise for its decision to quickly consider the evidence presented by the Attorney General and hand down a stiff penalty. While it is too early to tell whether such a sentence will affect police behavior, particularly as officers continue to lack proper salaries, training, and resources, it is nevertheless an important victory for the justice system in Mozambique. Amani