Terrorist Judge Loves Paddle
According to Judge Geraldo Patrício, who judges the cases of suspected involvement in the Cabo Delgado insurgency, the lack of control over issues related to terrorism makes it difficult to have a fair trial, since these are special crimes. Explains that “We treat it as a common crime (…) and in a common crime when he says that if there is no evidence, he has to resort to ‘In Dubio Pro Reo’ (in the absence of evidence, he decides in favor of the defendant)”… a doubt favors the defendant… but these cases should not follow this principle”.
The judge of the Judicial Court of the Province of Cabo Delgado, in the city of Pemba, Geraldo Patrício, the only one who deals with the cases of terrorism in that court, considers the filing process to be a difficult process because it deals with criminal situations of an unprecedented nature in the judiciary Mozambican.
“These are complex cases because, first, you don’t study at any college. These are special crimes. They are not common. And it depends on the judge himself, many times, the type of investigation ”, says Patrício who, since 2017, has already condemned at least 140 defendants and acquitted 131, in an approach to the Voice of America this week.
Among those judged by Patrício there are Mozambicans, Tanzanians, Somalis, Ugandans, Congolese, among others of African nationalities.
The difficulty of dealing with cases, says Patrício, is felt in other sectors. “Even our police were not prepared to investigate terrorism. Only now, because of this situation, they are already equipped with their own means to carry out the investigation. But at the beginning, we had great difficulties ”.
The 54-year-old judge says that he now understands the subject better, was self-learning, but that even so, specialized training is necessary, as these are special crimes.
“The State, after this situation of insurgency, or terrorism, appeared, could even create conditions to form us, because there are countries that have been with these problems for a long time”, suggests Patrício.
He says that “we treat it as a common crime (…) and in a common crime when he says that if there is no evidence, he has to resort to ‘In Dubio Pro Reo’ (in the absence of evidence, he decides in favor of the defendant) ”… The doubt favors the defendant… but these cases should not follow this principle”.
And using this principle – In Dubio Pro Reo – “we are going to burn the country”, says Patrício.
And, from the judgments already made, Patrício says that it was possible to realize that most of those who participate in the terrorist attacks are illiterate; easily manipulated people who, in exchange for monetary values, are capable of anything.