Mozambique OAM, SERNIC: New Cooperation Agreement to Speed Criminal Cases

• The Ordem dos Advogados de Moçambique (OAM) and the Serviço Nacional de Investigação Criminal (SERNIC) have signed a cooperation agreement to enhance professional training and speed up criminal case processing.
• The agreement includes joint training on lawyers' professional prerogatives, combating unlawful practice, and the limits of legal activities during investigations.
• OAM representatives called for faster case processing, guaranteed lawyer access to clients at police stations, and formal client notification methods.
• Both institutions plan to establish focal points to improve communication, monitor commitments, and implement decisions from the cooperation.
• SERNIC requested updated lists from OAM detailing lawyers' professional standing to help verify credentials and reduce the unlawful practice of law.

This collaborative effort underscores a shared commitment to enhancing the rule of law and ensuring that citizens in Mozambique receive fair and efficient legal treatment.

The Ordem dos Advogados de Moçambique (OAM), Mozambique's national bar association, and the Serviço Nacional de Investigação Criminal (SERNIC), the country's criminal investigation service, have formalized a new cooperation agreement. This significant accord aims to bolster professional training and, crucially, accelerate the processing of criminal cases across Mozambique. The initiative comes at a time when the justice system faces increasingly complex challenges, necessitating enhanced collaboration between key institutions.

The agreement outlines plans for joint training programs designed to update the knowledge and strengthen the skills of professionals from both organizations. These programs are expected to cover a range of areas of mutual interest, as highlighted by Joaquim Balaze, head of the OAM Provincial Council in Maputo, during a recent working visit to SERNIC headquarters. The overarching goal is to foster a more efficient and responsive criminal justice framework within the nation.

A central focus of the training and cooperation is to clarify and reinforce lawyers' professional prerogatives, particularly concerning their activities during the investigation phase of criminal proceedings. The agreement also seeks to combat the unlawful practice of law, a persistent issue that undermines the integrity of the legal profession. Balaze underscored the shared objective of OAM, SERNIC, and the Attorney General's Office in ensuring citizens' access to justice, emphasizing that closer institutional communication is vital for resolving problems encountered during criminal proceedings.

Further critical points addressed include the need for greater speed in processing cases and guaranteeing lawyers access to their clients held at police stations. The OAM also voiced concerns regarding client notification, advocating that, whenever feasible, notifications should be conducted through formal channels rather than informal methods like text messages or telephone calls. These measures are intended to streamline interactions and uphold due process for individuals involved in criminal investigations.

To facilitate the implementation and ongoing success of the cooperation, both institutions have discussed establishing dedicated focal points. These points will serve to improve communication, monitor the commitments made under the agreement, and assist in executing decisions that arise from this collaborative effort. This structured approach is expected to ensure accountability and continuous improvement in the partnership.

Another significant aspect of the agreement involves combating the unlawful practice of law. Simbine, a representative from SERNIC, proposed that the OAM provide SERNIC with updated lists of lawyers who are not only duly registered but also in good professional standing. Simbine clarified that mere registration is insufficient, as a lawyer might have paid their fees but be suspended for various reasons. He recalled that the Bar Association had previously supplied lists detailing lawyers' professional status, and updated information would significantly aid in verifying their credentials, thereby reducing instances of unauthorized legal practice. This collaborative effort underscores a shared commitment to enhancing the rule of law and ensuring that citizens in Mozambique receive fair and efficient legal treatment.

Lawyers practicing criminal law in Mozambique should be aware of the new cooperation framework between OAM and SERNIC, which aims to clarify professional prerogatives, improve access to clients during investigations, and streamline criminal case processing. This could impact their daily practice and interactions with law enforcement, potentially leading to more efficient case handling and clearer guidelines for lawyer-client interactions at police stations.

Source: Original reporting via AIM