Eighteen days after their arrest on 28 February at Praça de Touros in the city of Maputo, 42 Nigerian nationals remain in custody at the facilities of the National Criminal Investigation Service (SERNIC) in Língamo. The individuals were detained during a SERNIC operation, allegedly on suspicion of selling stolen vehicle parts. To date, they have not been brought before a judicial authority.
Last week, the Centre for Democracy and Human Rights (CDD) filed a Habeas Corpus petition, raising concerns about the violation of the legally prescribed 48-hour deadline under Mozambique’s Criminal Procedure Code.
This situation raises a clear legal issue. Mozambican criminal procedure law requires that any detained person be brought before a judge within a maximum of 48 hours following arrest. This safeguard is explicitly provided for under Article 175(1) of the Criminal Procedure Code. It is not a mere procedural formality, but a fundamental guarantee designed to protect individuals against arbitrary detention.
