Obstruction of justice

The flagrant obstruction of justice, often involving organised criminal networks, is one of the most damaging practices facing Mozambican society and its criminal justice system. A damning report by Mozambique's Attorney General, Joaquim Madeira, tabled and discussed in Parliament on 6 March 2002, confirms that the entire criminal justice system in the country has been discredited as a result. This report is a courageous move by the Attorney General to reverse Mozambique's slide towards becoming a criminalised state, and it is hoped that he will receive the support of the government and the political establishment. A news agency report on the Attorney General's address to parliament is reproduced in full in the endnotes as it touches on many of the aspects covered in this paper.²³

As pointed out by the Attorney General, there is a widely held view in Mozambique that justice is only done when an investigation has enjoyed a high public profile and when there is public pressure for results. Generally, however, the capacity of organised criminal networks to subvert the course of justice is perceived to be so high that many believe that justice will never be done. Two factors contribute to this perception. Firstly there is the often inadequate and sloppy investigative work of the police, causing the presiding judge at the trial to dismiss the case through lack of evidence. Secondly, the judicial system has been undermined by cases where arrested suspects have been released from detention by order of the Attorney General before the trial has been concluded. An example was the so-called Trevo case, which arose from the discovery of a mandrax factory in Trevo, a suburb of Maputo. The Pakistani citizens who were found in the factory were released before the judgement on the orders of the Attorney General.²⁴

Members of organised criminal networks who have had brushes with the law are familiar with the weaknesses of the criminal justice system and know who can be bought. The most common strategy used in Mozambique is to bribe police officers involved in the criminal investigation, the prosecutors who have to prove the case, and the judge in whose power it is to dismiss the case and order the release of the accused person.

During 2001, many in Mozambique were closely following the judicial process relating to the death of the journalist Carlos Cardoso, who was murdered following his investigations into organised crime. Specifically, he was investigating problems experienced by the Mozambican banking system and the apparent disappearance of 14 million US dollars from the Commercial Bank of Mozambique (BCM) in 1996. The case is still pending and some arrests have been made, including that of the Satar brothers,²⁵ who had links with top figures in government. President Chissano's son, Nhympine Chissano, who has reportedly been arrested for possession of large amounts of cocaine, is believed to have been an acquaintance of the Satar brothers and was regularly seen at their house in Maputo.²⁶

The Satar brothers also managed a network of foreign exchange bureaux in Mozambique and had significant other interests in commerce and trade. During the first investigation into the fraud perpetrated on the BCM, the Satars and one Vincente Ramaya were implicated as the brains behind the affair and the beneficiaries of the proceeds. As the investigation proceeded, four members of the Satar family escaped from Mozambique to Dubai. A fifth, Mohammed Assif, returned to Mozambique from South Africa and was arrested, but was subsequently released on bail. Vincente Ramaya was also released after some months in prison.

During 2000 the Supreme Court ordered an inquiry into the conduct of some of the state prosecutors who were involved in the investigation into the BCM fraud. The inquiry apparently found evidence of criminal conduct, which allegedly resulted in an inadequate and unprofessional investigation, by two senior prosecutors and by three who had worked on the case at provincial level. The reports relating to the inquiry have not been published and there are indications that the Supreme Court might instruct that charges be laid against the prosecutors concerned.²⁷

Public expectations were high that a thorough investigation and prosecution would take place, but this did not happen. The impression that the investigation was not pursued seriously contributed to a view that the Satars were responsible for obstructing the course of justice by bribing the prosecutors, judges and senior police officers connected with the investigations. (In fact, the Satars and Vincente Ramaya were subsequently, during 2001, accused of spending about 2 million US dollars in bribing state officials.)²⁸

Following criticism of the manner in which the investigation and judicial process had been handled, President Joaquim Chissano dismissed Attorney General António Namburete and a number of prosecutors during 2000. After these dismissals, the network led by the Satars appeared to weaken. One of the dismissed judicial officers, Diamantino dos Santos, was sentenced to a term of imprisonment, but evaded it and escaped from Mozambique. He is believed to be a fugitive in South Africa or Brazil.

Only after the arrest of the Satar brothers in 2001 for their alleged links to the high-profile assassination of Carlos Cardoso, did an investigation start afresh. Public indignation about the failure by the police and the judicial system to deliver justice was high. This contributed to the sacking in December 2001 by President Chissano of Mozambique's two most senior police officers. He appears to have recognised that citizens had lost confidence in the police and the courts, and is quoted as having said:

The obstruction of justice is a social cancer that will continue to be used as a weapon by organised criminal groups in Mozambique unless more determined steps are taken by the state to counter it. It thrives when state institutions are weak, the salaries of state employees are low, and there is insufficient political will to combat it. President Chissano's recent steps are encouraging but it will require a major initiative to reverse the trend. The limited resources in Mozambique to address this problem will not make it any easier. No state can allow a situation to develop in which the Satar brothers virtually managed numerous justice officials and people in key positions, almost creating a parallel state structure to serve them.
 

Illegal imports (smuggling)

Organised smuggling is an important source of private wealth accumulation in Mozambique. This activity involves a wide range of actors, including the Lebanese 'Mafia', which is growing and is starting to include important political figures who trade with or through an array of entrepreneurs. These are organised groups with a well-defined leadership and a network of retailers in many locations in the country. Commercial activity has grown in Mozambique during the last few years partly as a result of unlawful imports. An attempt to restructure the customs department is being undertaken with the assistance of the British Crown Agency. Although they have managed to reduce smuggling, these efforts continue to be hampered by some politicians.

Two factors have facilitated the illegal importation of goods into Mozambique. The first was the government's failure after independence in 1975 to create an efficient customs system. Given that the Mozambican economy is heavily dependent on imports, the sector linked to this activity has always been an obvious target for criminal groups. Instead of taking firm steps to counteract smuggling, the state for many years tolerated a system that was extremely porous. Pressure from the World Bank led to the restructuring and reforms that are presently being undertaken by the customs department. A few years ago, the customs sector was virtually controlled by a criminal network that took charge of the illegal importation of alcoholic beverages into Mozambique. Sources have referred to a former senior official of the Technical Unit for Restructuring of Customs (UTRA) as a leading figure in the smuggling of goods.³⁰

The second factor that facilitates the illegal importation of goods relates to the length of the Mozambican coastline and its land borders. The weak capacity of the state to control these borders allows organised networks to violate import and customs requirement almost with impunity. During 2001, customs officials reported the seizure of large quantities of tobacco and alcoholic beverages smuggled into Mozambique through illegal entry points, one of which lies north of Pafuri on the border with South Africa. The director of Mozambique's National Sugar Institute reported in September 2001 that an estimated 70 000 tonnes of sugar were smuggled annually into Mozambique. He warned that the dumping of sugar below cost price in the Mozambican market could suffocate the country's own sugar producers.³¹

Responding to suggestions by journalists that a sophisticated organised criminal group from Maputo was involved, Prime Minister Pascoal Mocumbi stated that the government was 'committed to combating such organised crime, in the defence not only of the sugar industry but of the entire economy'.³²

The illegal imports have as their main goal the evasion of import taxes that should accrue to the state, thereby enabling the smuggled goods to be sold at highly competitive prices. In 1997 a large consignment of plain flour, contaminated with potash bromide and hence unsuitable for human consumption, entered Mozambique without the payment of taxes and was sold at low prices. The importer was allegedly Mozambique International Trading, run by a group of Lebanese traders who had come to Mozambique from Angola.

In the first six months of 2001, customs discovered a large imported quantity of sugar and cooking oil in Nacala in the north. The importer had falsely declared that the commodities were in transit to Malawi. After being unloaded in the harbour they were removed, apparently with the connivance of officers employed by the harbour and railways administration. An investigation showed that the consignment had been illegally imported. The owners of the commodity had by that time disappeared and have still not been located. The sugar and cooking oil were evidently meant to be sold on the local market at low prices.³³

Again, the organised criminal groups involved in smuggling depend on the cooperation of customs officials at key points such as border posts and harbours. In addition to bribing officials, some operators have identified parts of the Mozambican borders where there is no customs supervision at all.

According to sources linked to the customs department, a considerable number of Mozambican traders have survived or have thrived in recent years through fraud and corruption in the importation process. During 2000, the media exposed the illegal importation of 20 000 tonnes of sugar. The identity of the importer was difficult to determine. Customs officials refused to reveal this to the media, on the grounds that the importer was already paying the required duty. Sources claim that the importer was a Lebanese with high-level connections in the state and Frelimo party hierarchies.

The son of a top politician has also been implicated as an illegal importer of alcoholic beverages. A simple strategy has apparently been used: the person involved introduces himself as 'the son of so and so' in order to deflect the scrutiny of customs officials from the imported commodities. On occasion he has allegedly called top customs officers and even the Ministry of Planning and Finance, demanding the release of seized commodities. According to customs officials, other leading figures also use this procedure.

Every year customs authorities discover dozens of instances of smuggling. The more common commodities are vehicles, sugar, automobile spares, alcoholic beverages, tobacco and plain flour. This smuggling industry, for it is an industry, has spawned a dependence syndrome among many of its beneficiaries and the network of people who cooperate to make it work. Honest officials are inhibited from fighting determined groups because of the connection which they often have with senior persons in government. There is no doubt that smuggling costs the state millions each year in lost revenue. However, the current emphasis on customs reform and transformation has led to a decline in the number of incidents of unlawful importation of goods, and the capacity of supervision and control has improved. Frequent seizures have occurred and, as a result, state revenue from this source has increased.
 

Vehicle theft and bank robberies

In general the activities of criminal groups involved in domestic organised crime (in contrast to transnational organised crime) are less prominent than most of those referred to above. These local groups, which include vehicle and bank robbers, seem to have been well identified by the police.

Such groups are concentrated mainly in Maputo. A large number of car thefts are committed by individuals who supply them to organised groups. These groups, who do not have a sophisticated structure, are composed of six or seven individuals, including their operatives and mechanics. Vehicles tend to be stolen in Maputo and then taken to suburban areas where they are modified or completely dismantled. The modified vehicles are thereafter sold in the city, while the dismantled ones are sold as spare parts. Some groups prefer to sell the stolen vehicles in the north of the country or in neighbouring countries such as Malawi and Zambia. A small number of luxury vehicles stolen in Mozambique have also been disposed of in South Africa.

Similar characteristics of structure and composition are found among bank robbers. The banks in Mozambique are very vulnerable to armed robberies, in which several million US dollars are stolen annually. Often the criminal groups involved have developed links with bank officials who supply them with the necessary information. According to police sources, both car hijackings and bank robberies are often accompanied by murders. Firearms are used when there are any signs of resistance to the seizure by victims. Most of the money that is stolen seems to be spent on property, electronic goods and luxury vehicles. According to police statistics, the activities of these local groups have remained largely constant with perhaps a slight increase occurring.
 

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