Angola

Constitutional Provisions

Fundamental human rights are protected in Angola's 2010 Constitution, including to life, liberty, and security. According to Article 30: "The State shall respect and protect human life, which is inviolable." It is further provided that: "The State shall respect and protect the human person and human dignity."Art. 31(2), 2010 Constitution.Article 36 concerns the right to physical freedom and personal security:

1. Everyone shall have the right to physical freedom and individual security.

2. No-one may be deprived of their freedom, except in cases prescribed by the Constitution and the law.

3. The right to physical freedom and individual security shall also involve:

a) The right not to be subjected to any form of violence by public or private entities;
b) The right not to be tortured or treated or punished in a cruel, inhumane or degrading manner;
c) The right to fully enjoy physical and mental integrity ...

According to Article 47:

1. Freedom of assembly and peaceful, unarmed demonstration shall be guaranteed to all citizens, without the need for any authorisation and under the terms of the law.

2. The appropriate authorities must be given advance notification of meetings and demonstrations held in public places, under the terms and for the purposes established in law.

Regarding the possibility of restricting rights, freedoms and guarantees, Article 57 provides that:

1. The law may only restrict rights, freedoms and guarantees in cases expressly prescribed in the Constitution and these restrictions must be limited to what is necessary, proportional and reasonable in a free and democratic society to safeguard other constitutionally protected rights and interests.

2. Laws restricting rights, freedoms and guarantees must be of a general and abstract nature and may not have a retroactive effect nor reduce the extent or scope of the essential content of constitutional precepts.

Additionally, according to Article 58, “The exercise of the rights, freedoms and guarantees of citizens may only be limited or suspended in the event of a state of war, siege or emergency, under the terms of the Constitution and the law”.

The State and public corporate bodies are civilly liable for human rights violations committed by their organs and agents in their duties, and individuals are subject to criminal and disciplinary sanctions for any violations for which they are responsible.Art. 75, 2010 Constitution.

The role of the National Police Force is also described in the Constitution.

1. The National Police Force shall be the national, permanent, regular and non-partisan police institution, organised on a hierarchical basis and in terms of the discipline required for the protection and safety of the country by the police force, with strict respect for the Constitution, the laws and any international conventions to which Angola may be a party.

3. The law shall regulate the organisation and functioning of the National Police Force.Art. 210, 2010 Constitution.

The Constitution does not address State use of force in any detail, although a general provision stipulates that: 

The Republic of Angola shall act using all appropriate legitimate means to preserve national security and shall reserve the right to resort to legitimate force to restore peace and public order, in compliance with the Constitution, the law and international law.Art. 203 (Right to national security and legitimate defence), 2010 Constitution.

Treaty Adherence

Global Treaties

Regional Treaties

National Legislation

Police Use of Force

Angola’s National Police is a militarised force that is obligated to respect fundamental rights and freedoms in tackling criminality. Harm caused by police abuse of their powers is to be criminally repressed. Applicable national legislation also institutes the principle of command responsibility, notably in the case of torture or other forms of inhuman treatment.Art. 372, Criminal Code.

Under Article 2 ("Fundamental principles") of the 2002 National Security Law:

1. National security activity shall be guided by the observance of the general police rules and respect for the rights, freedoms and guarantees and other principles of the democratic rule of law. 

2. Police and security measures shall be those provided for by law and shall not be used beyond what is strictly necessary. 

With regard to the use of firearms, the 1996 National Police Discipline Regulations issued by the Council of Ministers and formally in force obliged police officers:

Not to make use of arms, except in the case of an imperative need to repel an attack or its imminent attempt, against themselves or against their post of service; or when the maintenance of the order so requires; or whenever their superiors so determine; and also to secure, where indispensable, any detained persons.Art. 5(38), National Police Discipline Regulations, issued by Council of Ministers Decree No. 41/96, 27 December 1996.

This provision did not comply with international standards governing police use of force. But the 1996 Decree has since been replaced by the 2014 National Police Discipline Regulations issued by the Council of Ministers. These regulations obligated police officers simply not to make use of firearms, "except in cases provided for by law".Art. 6(mm), National Police Discipline Regulations, issued by Presidential Decree No. 38/14, 19 February 2014.There is therefore a significant absence in regulation of firearms in accordance with international law.

According to the 2020 Framework Act on the Organisation and Functioning of the National Police, the police officer “may use the coercive means at his disposal in the following circumstances”:

a) To apprehend or prevent the escape of a person suspected of having committed an offence punishable by imprisonment or who uses or possesses firearms, bladed weapons or explosive, radioactive or toxic or asphyxiating devices or substances;

b) To apprehend persons who have escaped from prisons or who are the recipients of an arrest warrant for a criminal offence carrying a prison sentence, or to prevent the escape of any person lawfully arrested or detained;

c) To free hostages or kidnapped persons;

d) To stop or prevent attacks against state, public utility or social facilities, or against aircraft, ships, trains, public passenger transport vehicles or vehicles transporting dangerous goods;

e) To kill animals that are a danger to people or property or that are seriously injured and cannot be successfully assisted immediately;

f) As a means of alarm or call for help in an emergency situation, when other means cannot be used for the same purpose;

g) When the restoration and maintenance of public order and tranquillity so requires.Art. 59 of the 2020 Framework Act on the Organisation and Functioning of the National Police, Law No. 6/20, 24 March 2020.

Article 60 establishes that:

1. The appropriate and reasonable level of use of coercive means must always be assessed according to rules of prudence, moderation, and common sense, based on the principles of proportionality, adequacy, and necessity, depending on the specific conditions that characterise a given situation, taking into account, among other factors, the seriousness of the offence, the non-police actors, the police officers and other surrounding factors.

2. Under the terms of the previous paragraph, the use of coercive means by the police officer must embody a reasonable balance between the degree of threat and the respective level of force appropriate to neutralise the actual and unlawful threat.

Use of Force in Custodial Settings

Mistreating or using any “insult or violence against prisoners, either at the time of arrest or immediately afterwards” is prohibited by the 2014 National Police Discipline Regulations.Art. 6(tt), National Police Discipline Regulations, issued by Presidential Decree No. 38/14, 19 February 2014.

However, the 2020 Law on The Organisation and Functioning of the National Police makes an exception, allowing the use of coercive measures “to apprehend persons who have escaped from prisons or who are the recipients of an arrest warrant for a criminal offence carrying a prison sentence, or to prevent the escape of any person lawfully arrested or detained”.

Police Oversight

The Angolan National Police is an autonomous institution under the Ministry of Interior, which is responsible, among other things, for "ensuring the inspection and supervision of the performance and development of the administration of the National Police".Ministério do Interior, at: https://minint.gov.ao/ao/.

According to the 2014 National Police Discipline Regulations, disciplinary competence, whether for imposing penalties or granting rewards, is the responsibility of the police officer's hierarchical superiors. Except for the penalties of simple reprimand and registered reprimand, the application of a disciplinary penalty to a national police officer is subject to a written disciplinary procedure.Articles 37 and 82, 2014 National Police Discipline Regulations.

Regarding external oversight, Article 8 of the 2014 National Police Discipline Regulations establishes that whenever the disciplinary offences committed by police officers also constitute a crime, the disciplinary proceedings must be referred to the Attorney General's Office for criminal prosecution.

Additionally, Article 212(A) of Angola’s Constitution provides that:

1. The Provedor de Justiça (Ombudsman) is an independent public body whose purpose is to defend the rights, freedoms and guarantees of citizens by ensuring, through informal means, the fairness and legality of public administration activity. …

4. Citizens and legal entities can submit complaints about actions or omissions by public authorities to the Ombudsman's Office, which will analyse them without decision-making powers, making the necessary recommendations to the competent bodies to prevent and redress injustices. …

7. An annual activity report is drawn up and sent to the President of the Republic, the National Assembly and the Attorney General's Office.

Caselaw

Global

Views and Concluding Observations of United Nations Treaty Bodies

In 2019, in its Concluding Observations on Angola's implementation of the ICCPR, the Human Rights Committee noted that

the legal framework regulating the maintenance of public order, in particular the National Police Discipline Regulations of 1996, is not in line with international standards.Human Rights Committee, Concluding Observations on Angola's second periodic report, UN doc. CCPR/C/AGO/CO/2, 8 May 2019, §25.

The Committee called on Angola to 

(a) Ensure that the principles of necessity and proportionality in the use of force are adequately reflected in legislation and policies and complied with in practice, in line with the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials; 

(b) Intensify the provision of training on international standards on the use of force to law enforcement personnel and raise awareness of those standards among judges, prosecutors and lawyers;

(c) Ensure that all instances of excessive use of force by security forces are promptly, impartially and effectively investigated, that those responsible are brought to justice and punished with appropriate penalties and that victims are provided with effective remedies.Human Rights Committee, Concluding Observations on Angola's second periodic report, UN doc. CCPR/C/AGO/CO/2, 8 May 2019, §26.

In the evaluation of the information on follow-up to the concluding observations on Angola, the Human Rights Committee welcomed the adoption of the 2020 Framework Act on the Organization and Functioning of the Police, the progress on the drafting of a bill on the use of firearms and restraint measures by police forces, and the provision of training for security officers on the use of force and human rights. However, the committee requested further information on the measures taken to guarantee the effective application of the framework, and on the expected timeline for completion and adoption of the bill. The Committee expressed its regret as to

the lack of any information on steps taken to ensure that victims are provided with effective remedies or specific information on investigations and their results throughout the entire reporting period. It reiterates its recommendation and requests further information on the total number of complaints of excessive use of force received during the reporting period, the number of investigations conducted and the results of those investigations, including any prosecutions of perpetrators and any reparations provided to victims.Human Rights Committee, Report on follow-up to the concluding observations of the Human Rights Committee, UN doc. CCPR/C/136/2/Add.2, 5 December 2022, para. 26.

Concerning the right to freedom of assembly, the Committee regretted the lack of specific information on measures taken after the adoption of the concluding observations and reiterated its recommendation and requested further information on:

(a) measures taken to ensure that all restrictions on peaceful demonstrations that are not strictly necessary and proportional within the meaning of article 21 of the Covenant are lifted; and

(b) the number of complaints received of excessive use of force, intimidation and arbitrary detention of peaceful protesters, the number of investigations conducted and their results, and any prosecutions of perpetrators and reparation provided to victims, including adequate compensation.Human Rights Committee, Report on follow-up to the concluding observations of the Human Rights Committee, UN doc. CCPR/C/136/2/Add.2, 5 December 2022, para. 46.

Regional

Angola has not ratified the Protocol to the African Charter on Human and Peoples' Rights, allowing the African Court on Human and Peoples' Rights to hear cases alleging a violation of the Charter by the State.

In its Consolidated Periodic Reports for the period of 2016 to 2023, the government reported that

During the 60 days that the State of Emergency [in 2020, related to the Covid-19 pandemic] was in force, certain excesses in the use of force were recorded, all of which were individual acts and the perpetrators were held responsible: 185 cases were recorded, 157 of which were investigations and 28 disciplinary procedures, of which 10 were referred to the Military Judicial Police (PJM) and 9 are being processed by the SIC/MININT, and this data was publicly transmitted by the representative of the Ministry of the Interior after the period of the State of Emergency. Some of the cases were the result of public complaints. On the other hand, two members of the security forces have also died, a military officer in Luanda and a National Police officer in Zaire in the course of their duties.Angola, Consolidated Periodic Reports on the Implementation of the African Charter on Human and People’s Rights for the period of 2016-2023, October 2023, paras. 47-52.

National

In its Consolidated Periodic Reports on the Implementation of the African Chart on Human and People’s Rights for the period of 2016-2023, Angola affirmed that “several demonstrations have taken place across the country, organised by citizens who freely express their concerns and opinions, usually directed at government authorities or society” and that those demonstrations are monitored peacefully by the police. They also claimed that "in the event of excesses, the officers are held responsible”.Angola, Consolidated Periodic Reports on the Implementation of the African Charter on Human and People’s Rights for the period of 2016-2023, October 2023, paras. 100-105.

These claims are, however, contradicted by reports from human rights organizations. Human Rights Watch, for example, reported that in the first semester of 2023

members of the Angola National Police and its Criminal Investigation Service, and the State Security and Intelligence Service have been implicated in unlawful killings of at least 15 people, as well as the arbitrary arrests and detention of hundreds more. Those targeted include social and political activists, outspoken artists, and protesters who organized or participated in peaceful anti-government activities throughout the country.Human Rights Watch, Angola: Grave Police Abuses Against Activists, 7 August 2023, at: https://www.hrw.org/news/2023/08/07/angola-grave-police-abuses-against-activists

Criminal prosecutions of police officers for unlawful use of force are believed to be rare. In 2017, Angola's Constitutional Court dismissed the charges against the former Police Delegate of Luanda, Antônio Manuel Gamboa Vieira Lopes, who was accused of having ordered the abduction and killing of Alves Kamulingue and Isaías Cassule. Other officers of the National Police were, however, held responsible for serious criminal offences.Constitutional Court, Chamber Judgment No. 464/2017 (Procedure No. 530-C/2016).

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