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Government Response

Since a 1996 Supreme Court ruling, crimes committed by soldiers against civilians fall under the jurisdiction of civil courts.⁷⁷ Military prosecutors investigate these cases in the first instance and determine whether the case should be handed over to the civilian courts.⁷⁸ In all the violations enumerated above, except in the recent killing of Luís Bundu, the FAA has failed to investigate. In some of the killings, the FAA has “acknowledged” its role by transferring units, including officers, either within Cabinda province or to other provinces and paying for the coffins and related funeral expenses. Violations brought to the attention of the civil authorities have largely been ignored by civil authorities. The arrest of Bundu’s alleged perpetrators and the involvement of the civil prosecutor of Cacongo municipal district in the exhumation of his body is a positive step, but it remains to be seen whether his killing will be properly investigated and prosecuted given the lack of capacity and will of both the police and the judiciary. Cabindans generally have little faith that violations will be taken seriously by either the FAA or the police. As one man pointed out:

The soldiers are like the wild pigs and the civilian authorities are the domestic pigs. You cannot go to a domestic pig with a complaint about a wild pig.⁷⁹

Cabinda’s deputy civil prosecutor stated that the detention and torture of civilians by FAA on military bases is illegal under Article 291 of the Angolan Penal Code, as the FAA does not have the powers to detain.⁸⁰ Not only were the detainees who accounts were cited in this report held in illegal places of detention but their right to due process guarantees provided for under Angolan law, including being promptly told of any charges against them; being brought promptly before a judge empowered to rule upon the lawfulness of the detention and having access to a lawyer, were violated. Human Rights Watch is also concerned that accused are often assigned persons who have no legal background to represent them.⁸¹ The government of Angola should ensure that law enforcement is carried out by the proper civilian authorities, such as the police, and not by the military themselves.

In addition to its requirements to prosecute under domestic law, Angola is obligated to pursue prosecutions of those implicated in serious violations of international humanitarian law.  As a signatory to the Rome Statute of the International Criminal Court (ICC), Angola should prosecute acts by all parties that are contrary to the object and purpose of the ICC Statute.⁸² Among the acts that are absolutely prohibited and are described in this report are: a) murder, b) torture, c) inflicting humiliating or degrading treatment on civilians or captured combatants, and d) rape and other forms of sexual violence. 

The FAA regional commander told Human Rights Watch that as part of the government’s campaign to “win the hearts and minds” of Cabindans, FAA soldiers receive “patriotic education,” which includes some training in international humanitarian law and instructions to treat civilians with respect -- but this training is clearly insufficient. ⁸³ The FAA regional commander has also held meetings with community leaders to discuss their problems and to inform them that they should bring any violations committed by the FAA to the attention of the officers in the field.⁸⁴