Ver Angola

Defense

Lawyers appeal to the Constitutional Court to block a law that “compromises” rights

The Angolan Bar Association (OAA) announced this Monday that it has filed an appeal for abstract successive review of the constitutionality of the law on vandalism crimes with the Constitutional Court (TC), as it “compromises” fundamental rights, freedoms and guarantees.

: Facebook Ordem dos Advogados de Angola-Oficial
Facebook Ordem dos Advogados de Angola-Oficial  

In a statement sent to Lusa this Monday, the OAA states that the appeal to the TC is a "crucial measure" to ensure that the law in question complies with constitutional precepts and to "ensure the strengthening of the democratic rule of law that Angola needs and deserves".

The Order argues that, after an "in-depth dogmatic and legal-constitutional" analysis of the Law on Crimes of Vandalism of Public Property and Services, "substantial evidence" was identified that it "compromises fundamental rights, freedoms and guarantees with constitutional dignity, as well as other structuring principles of the Angolan legal system".

This law, which criminalizes vandalism of public property with penalties of up to 25 years in prison, was approved last July and published on 29 August in the Official Gazette, after promulgation by the President, João Lourenço.

For the OAA, which acknowledges the indispensable protection of public assets, such protection, it notes, "should not be achieved at the cost of violating fundamental rights, freedoms and guarantees".

It emphasises that the preservation of public assets must be in line with respect for constitutional principles, especially with regard to the protection of citizens' rights.

The OAA believes, on the other hand, that the law in question jeopardises essential values ​​enshrined in the Constitution of the Republic of Angola, and has therefore decided to file the aforementioned appeal with the Constitutional Court.

This body also reaffirms its "unwavering commitment" to strengthening the democratic rule of law, as it believes that "only in this way is it possible to have a legal environment where respect for fundamental rights, freedoms and guarantees is imperative for the construction of an equitable and balanced society".

The law, which applies only to acts against the security and integrity of public goods and services, has been challenged by members of Angolan civil society and politics for allegedly limiting the exercise of citizens' fundamental freedoms, especially the right to assembly and protest.

The law, approved by parliament with only the MPLA's favorable votes, led to the calling of a demonstration by civic activists, which was stopped by the police in Luanda on 31 August, followed by the arrests and intimidation of journalists covering the event.

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