The Mozambican non-governmental organization (NGO) Center for Democracy and Development (CDD) on Monday accused President Filipe Nyusi of a “serious violation of the separation of powers” by granting a “pardon” to alleged rebels. .
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This NGO points out that pardons or amnesties for unproven crimes are at the discretion of parliament, not the head of state.
The President of the Republic is constitutionally empowered to pardon or commute sentences resulting from a conviction for a crime.
“Alleged terrorists pardoned by the President of the Republic have not been tried and convicted, the President of the Republic does not have the power to pardon them, since a presidential pardon can only occur after the conviction of the perpetrator in court,” explains CDD.
The NGO also criticizes the fact that Filipe Nyusi announced pardons for alleged rebels at popular rallies, noting that the head of state’s actions follow formalities such as a decree or presidential decree and are published in Boletim da República.
Filipe Nyusi continues, by his behavior violates the sovereignty of the Assembly of the Republic and the judiciary.
The CDD notes that Filipe Nyusi is himself committing the crime of abuse of power by assuming powers reserved for other sovereign bodies.
During a rally in the Memba district of Nampula province in northern Mozambique in October, the President of Mozambique announced a pardon for 24 young members of the armed groups that have terrorized the province of Cabo Delgado since 2017.
On this occasion, Filipe Nyusi called on the rebels to surrender and receive a pardon.
The province of Cabo Delgado in the north of the country has been terrorized by armed violence since 2017, with the Islamic State extremist group claiming responsibility for some of the attacks.
The insurgency led to a military response within a year, supported by Rwanda and SADC, liberating areas near gas projects, but new waves of attacks emerged in the south of the region and in the neighboring province of Nampula.
According to the Office of the United Nations High Commissioner for Refugees (UNHCR), over five years, the conflict has already displaced one million people and, according to the ACLED conflict register project, about 4,000 people have died.