Equipo Nizkor - Amnesty Law of the Republic of Angola.

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15Dec00

Amnesty Law of the Republic of Angola

Unofficial Translation

NATIONAL ASSEMBLY
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Law No. 7/2000
of 15 December
The new political measures of reconciliation announced by the head of State on the occasion of the commemoration of National Independence, on 11 November of 1999, which envisions a lasting peace and reconciliation of all the Angolan family, constitutes a gesture of great magnanimity that also provides an opportunity for those who have taken the path of arms to conquer political power, to decide to abandon this path, presenting themselves voluntarily to the relevant authorities or having been captured, accept their social reintegration.
On another level, it should be pointed out that, within the context of the commemoration of 11th November, the date on which the country celebrates 25 years of independence, the Angolan people have the sovereign opportunity to highlight their shared sentiments of solidarity, brotherhood and co-existence in a future with peace, democracy, and development of national reconciliation.
Without losing sight of the fight that must continue against criminality, terrorism and other forms of subversion of the constitutional order, in a direct and permanent way, the above-mentioned factors merit a mechanism for legal pardon, envisaged to reinforce the policy of national reconciliation put into practice by the Government and in line with the profound spirit of democracy and social justice of the Angolan State.
In these terms, as covered in section (h) of article 88 of the Constitutional Law, the National Assembly approves the following:
Article 1
1. Amnesty applies to all crimes against the security of the State committed before the entry into force of the present Law, within the context of the Angolan armed conflict, as long as the perpetrators have or will present themselves to the Angolan authorities within 90 days after the entry into force of the present Law, and accept their social reintegration into the country.
2. The provisions of the previous Article equally apply to those cases in which the perpetrators of the crimes have been captured, and within 60 days after the entry into force of the present law, declare before the Angolan authorities to accept their social reintegration.
3. Amnesty also applies to all military crimes committed up to the date of entry into force of the present Law, except for violent crimes resulting in death, which are included in section 3 of article 18 and in section 3 of article 19 of Law no. 4/94 of 28 January.
4. Perpetrators of the crime of desertion who are granted amnesty under the terms of the previous article will benefit from a period of up to 60 days after the date of entry into force of the present law, to present themselves to the relevant authorities.
5. Amnesty also applies to all common crimes punishable by jail terms, as well as to those infractions committed up to the date of entry into force of the present Law.
6. Amnesty further is applicable for crimes against honesty that are committed up to the date of the entry into force of the present Law, which are punishable under the terms of section 5 of article 55 of the Penal Code, provided that the victim of the offense concedes to the pardon.
Article 2
Sentences that have already been applied, and for those that will be applied to cases not covered in the previous article, will benefit from reduced sentences under the following terms:

a) A reduced sentence by one-half , dealing with sentences laid out in section 5 of article 55 of the Penal Code, and a reduced sentence by one-forth for cases regarding sentences under sections 1,2,3, and 4 of article 55 of the same Penal Code;
b) The benefit of a reduced sentence is granted under the (determined/resolved) condition that the beneficiary has not committed a violent crime that carries a prison term of over one year, within three years from the date in which he is expected to complete the sentence, or for as long as it is being applied.

Article 3
The present amnesty [law] does not cover civil liability resulting from crimes referred to in this Law; and the period for filing a claim of indemnity to the competent Tribunal for damages and losses, begins from its entry into force.
Article 4
Ambiguities and omissions resulting from the interpretation and application of the present law shall be resolved by the National Assembly.
Article 5
The present Law enters into force on the date of its publication [in the Diário da Republica].
Reviewed and approved by the National Assembly, in Luanda, on 29 November 2000.
The President of the National Assembly, Roberto Antonio Victor Francisco de Almeida.
To be published.
The President of the Republic, Jose Eduardo dos Santos.

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This document has been published on 21Sep15 by the Equipo Nizkor and Derechos Human Rights. In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.