CONSTITUTION OF THE REPUBLIC OF MOZAMBIQUE
2. Citizens held in preventive imprisonment shall, within the period fixed by law,
be brought before the judicial authorities who alone shall have the power to
decide on the lawfulness and continuation of the imprisonment.
3. Everyone deprived of their liberty shall be informed promptly and in a way that
they understand of the reasons for their imprisonment or detention and of their
rights.
4. The judicial decision by which an imprisonment or detention is ordered or
maintained shall be communicated at once to a relative or trusted acquaintance
of the detainee, as indicated by the detainee.
Article 65
Principles of Criminal Process
1. In criminal process, the right to defence and to trial is an inviolable right
guaranteed to every accused.
2. Criminal trial hearings shall be public, except in so far as it is prudent to
exclude or restrict publicity in order to safeguard personal, family, social or moral
privacy, or for material reasons of trial security or public order.
3. All evidence obtained through the use of torture, coercion, offences against the
physical or moral integrity of the person, the abusive intrusion into their private
and family life or into their home, correspondence or telecommunications, shall
be invalid.
4. No case may be withdrawn from a court whose competence is established by
an earlier law, except in cases specifically provided for by law.
Article 66
Habeas corpus
1. In the case of unlawful imprisonment or detention, the citizen shall have the
right to interpose a writ of habeas corpus.
2. The writ of habeas corpus shall be interposed before a court, which shall
decide on the matter within a period not longer than eight days.
Article 67
Extradition
1. Extradition may take place only pursuant to a court decision.
Translation by MOZLEGAL – Mozambique's Legal Resource Portal www.mozlegal.com
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