CONSTITUTION OF THE REPUBLIC OF MOZAMBIQUE
Article 284
Duration
The duration of a state of siege or of emergency shall not exceed thirty days,
which may be extended for the same period up to three times, if the reasons for
the declaration persist.
Article 285
The Declaration Process
1. Having declared a state of siege or of emergency, the President of the
Republic shall, within twenty-four hours, submit the declaration together with the
reasons for it to the Assembly of the Republic for the purposes of ratification.
2. If the Assembly of the Republic is not in session, an extraordinary session
shall be convened and should meet within a maximum period of five days.
3. The Assembly of the Republic shall evaluate and decide on the declaration
within a maximum period of forty eight hours, and may remain in session while
the state of siege or of emergency is in place.
Article 286
Limits of the Declaration
The declaration of a state of siege or a state of emergency shall in no event
restrict or suspend the right to life, the right to personal integrity, the right to civil
capacity and to citizenship, the non-retroactivity of criminal law, the right of
accused persons to a defence, and freedom of religion.
Article 287
Restrictions on Individual Freedoms
Under a state of siege or a state of emergency, the following measures restricting
personal freedoms may be taken:
a) obligation to remain in a certain place;
b) detention;
c) detention in buildings not intended for persons accused or convicted of
common crimes;
d) restrictions relating to the inviolability of correspondence, the
confidentiality of communication, the provision of information and the
freedom of the press and of radio and television broadcasting;
Translation by MOZLEGAL – Mozambique's Legal Resource Portal www.mozlegal.com
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