PGR Clears Mozambique Police Chief Bernardino Rafael of Responsibility for Crimes During Electoral Fraud Protests

The complaint alleged that the police's actions during marches against electoral fraud were ordered by the General Commander. In a statement issued on January 9th, the PGR informed that it had examined the facts and sent a letter to the Renamo party explaining the legal procedures adopted, though it did not detail the content of this letter.

According to sources from Renamo, the PGR concluded that there is insufficient evidence to attribute blame to Bernardino Rafael for the actions carried out by the police officers.

In the document sent to Renamo, the PGR clarified that under the articles 23, 24, and 25 of the Penal Code, both direct perpetrators and accomplices are considered agents of a crime. It also emphasized that for the attribution of criminal responsibility, it is necessary to establish a cause-and-effect relationship between the accused's action and the criminal result.

The PGR's statement read, “Up to now, there is no evidence of orders or instructions given by Bernardino Rafael that justify the commission of the acts referred to in the complaint, which lacks such evidence.”

The PGR also highlighted that even if there had been orders from Rafael for police violence, in a Democratic Rule of Law, citizens have the right to disobey illegal orders or those that infringe upon their rights and freedoms, as per article 80 of the Constitution of the Republic of Mozambique.

The PGR acknowledged the need for a more in-depth investigation into the criminal acts committed by members of the Police, indicating that the implicated officers should be held accountable if sufficient evidence is found.

Following the police actions during the protests, more than 15 people were killed, and there were reports of dozens of injuries across the country, especially in the provinces of Cabo Delgado and Nampula.