A/HRC/19/57
of 12 years of imprisonment, to be released. Persons whose sentences exceeded 12 years
had their sentences reduced by a quarter.
40.
In its letter, the Government provided detailed information on the institution of
parole in Angola. It noted that during the period of 2007–2010, orders were filed in favour
of granting parole that resulted in some prisoners being released. As an example, in Luanda,
where the prison population was the highest in the country from 2008 to 2010, 95 petitions
were granted and 28 not granted on objective reasons. At the moment of submission of the
information to the Working Group, 106 proceedings were in progress.
41.
In relation to the recommendation by the Working Group to have more frequent
inspections and visits by the Ombudsman and Office of the Attorney General to prison and
detention centres, the Government notes that these have gradually increased since 2007.
The Government mentions the ongoing programmes developed by a number of NGOs
working directly with prisoners and detainees in Angola.
42.
Regarding the recommendations for special treatment of minors in detention, the
Government notes that the majority age in Angola is 18 years. However, minors aged 16
and 17 years are criminally liable. Such criminal responsibility is relative, as not all of the
sentences set forth in the Criminal Code are applicable to these minors. The heaviest
sentences do not apply to these minors. Hence, minors aged 16 or 17 cannot be sentenced to
more than eight years in prison and the judge has the authority to reduce that sentence to
one year in prison pursuant to articles 94 and 108 of the Criminal Code. Minors aged 16
and 17 are separated from the adults in accordance with article 22 of Law No. 8 of 29
August 2008. The Government nevertheless notes that, owing to overcrowding, a strict
separation and prevention of incidents between minors and adults is not yet entirely
satisfactory. Minors under 16 years suspected of having committed an offence are protected
by a special legal regime of the Juvenile Court. They can only be subject to a proceeding
for application of crime prevention measures and proceeding for application of social
protection measures.
43.
The Government notes that following the adoption of the 2010 Constitution, the
action of habeas corpus, which was already available in chapter VII, article 312, of the
Angolan Code of Criminal Procedure, acquired a constitutional dimension through article
68.
44.
Concerning the recommendation of the Working Group to place the prison
administration under the authority of the Ministry of Justice, the Government notes that no
final decision has yet been reached on this matter. The Government states that the Criminal
Investigation Police and Prison Services are two entirely separate bodies under the
authority of the Ministry of the Interior.
45.
With regard to the possibility of establishing a mechanism that ensures the revision
of the decisions of military courts by the civil Supreme Court, the Government recognizes
the need for revising the laws pertaining to military justice. According to the Government,
the possibility of control or oversight by the civil courts of the decisions of military courts
would probably lead to a conflict of jurisdiction. The Government considers that the
military judges under the Public Prosecutor ensure sufficient oversight of the decisions by
the military courts. The Government reports that common crimes, even if these are
committed by military personnel, are tried in the civil courts.
Colombia
46.
By letter of 7 December 2010, The Government of Colombia informed the Working
Group about the measures it had taken to implement the Working Group’s
recommendations contained in the report on its visit to the country, carried out in October
2008 (A/HRC/10/21/Add.3). The Government reported that Draft Law No. 113 (Civil
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